John Skiba - 3/1/2012 - JDSUPRA
I meet with clients on a regular basis that have been sued by a debt buying company on an old credit card debt. If you have had the misfortune of being sued, you know that the process server provides you with a copy of the Complaint and Summons.
In Arizona, you have 20 days from the day you are served with the Complaint and Summons to submit a written response to the court. The written response is called the “Answer”. How you answer a lawsuit can have lasting implications in your collection lawsuit. Because of this, it is important to fully understand the process of answering a lawsuit and what things to avoid.
Read the rest of the story:
Watch Your Step...Answering Collection Lawsuits
Showing posts with label collections. Show all posts
Showing posts with label collections. Show all posts
Thursday, March 1, 2012
Sunday, February 5, 2012
The garnishment process or ‘How do I get my money'
Gregory T. Douds - Cherokee Tribune - February 05, 2012
The Magistrate Court handles thousands of civil lawsuits each year, most resulting in judgments against one party or the other. One of the most-asked questions we hear from winning parties is, “How do I get my money?”
In today’s struggling economy, we want county citizens to get their money. And while we must remain neutral and cannot give legal advice, the court does have some self-help tools available. One of those tools is a set of forms and instructions we have developed for garnishment proceedings.
A garnishment action is one of the primary tools used to collect unpaid judgments. This court receives an average of 360 new garnishment cases per year, resulting in about 580 disbursals, or payments to judgment creditors, per year.
Read the rest of the story:
The garnishment process or ‘How do I get my money'
The Magistrate Court handles thousands of civil lawsuits each year, most resulting in judgments against one party or the other. One of the most-asked questions we hear from winning parties is, “How do I get my money?”
In today’s struggling economy, we want county citizens to get their money. And while we must remain neutral and cannot give legal advice, the court does have some self-help tools available. One of those tools is a set of forms and instructions we have developed for garnishment proceedings.
A garnishment action is one of the primary tools used to collect unpaid judgments. This court receives an average of 360 new garnishment cases per year, resulting in about 580 disbursals, or payments to judgment creditors, per year.
Read the rest of the story:
The garnishment process or ‘How do I get my money'
Tuesday, November 10, 2009
4 options when police call about debt
Justin Harelik - Bankrate.com - November 10,2009
Q: Recently I got a call from the police. They told me that a creditor has filed a lawsuit against me as a result of a personal loan from that lender. I made payments and I could not make payments anymore because I lost my job. Now I am still without a job and can't afford to fight any legal battle. What should I do?
A: I completely understand the approach you took to your financial distress: head in the sand. You simply could not pay the debt and could not afford to respond to the lawsuit that the creditor filed against you. So you decided the best approach was to do nothing and hope that ignoring the problem would resolve it. This is not uncommon, but unfortunately, the sheriff's department in your county or town is very aggressive and acts on this type of judicial order.
Here is basically what happened: The lender considered all available options when you started to miss payments. The lender sent letters and made phone calls asking for payment. These collection efforts went unanswered. You had a good reason since you had no job and could not pay. But the creditor does not care.
Then the lender filed a lawsuit against you. The lender was supposed to serve you with papers regarding the lawsuit. This does not always happen. As I have written before, some unscrupulous lenders serve you via "gutter service," meaning the lender's process server -- the person that hands you the lawsuit papers -- simply discards the papers into the gutter and claims he or she served you with them.
Read the rest of the story:
4 options when police call about debt
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Q: Recently I got a call from the police. They told me that a creditor has filed a lawsuit against me as a result of a personal loan from that lender. I made payments and I could not make payments anymore because I lost my job. Now I am still without a job and can't afford to fight any legal battle. What should I do?
A: I completely understand the approach you took to your financial distress: head in the sand. You simply could not pay the debt and could not afford to respond to the lawsuit that the creditor filed against you. So you decided the best approach was to do nothing and hope that ignoring the problem would resolve it. This is not uncommon, but unfortunately, the sheriff's department in your county or town is very aggressive and acts on this type of judicial order.
Here is basically what happened: The lender considered all available options when you started to miss payments. The lender sent letters and made phone calls asking for payment. These collection efforts went unanswered. You had a good reason since you had no job and could not pay. But the creditor does not care.
Then the lender filed a lawsuit against you. The lender was supposed to serve you with papers regarding the lawsuit. This does not always happen. As I have written before, some unscrupulous lenders serve you via "gutter service," meaning the lender's process server -- the person that hands you the lawsuit papers -- simply discards the papers into the gutter and claims he or she served you with them.
Read the rest of the story:
4 options when police call about debt
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Friday, October 30, 2009
Frustration With Maximus Child Support
The Chattanoogan - Opinion - October 30, 2009
Periodically and for over three or more years now Maximus has either sent letters or actual process servers from the sheriff's office looking for someone who doesn't live at my address. I've called and called in an attempt to inform them the individual they're looking for does not live at that address. They promise to take my address off the file, the encounters stop temporarily then start back up again.
It's gone beyond the point of simply being annoying to a feeling of being of harassed by Maximus. Do they not know that people actually move? That old files with old addresses are just that old, and the individual(s) do or no longer reside at the address they may have on file?
Each time the clerks have been kind, the process server who came by yesterday had to listen to my frustration--after all, it's not his fault. He's given a name and address and he's just doing his job. But what about the 'collateral damage' in all this. The innocent caught in the middle?
The clerk I spoke with yesterday was nice and said she'd make a note of it, again. But there's no guarantee at some future date it won't happen again.
Read the rest of the story:
Frustration With Maximus Child Support
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Periodically and for over three or more years now Maximus has either sent letters or actual process servers from the sheriff's office looking for someone who doesn't live at my address. I've called and called in an attempt to inform them the individual they're looking for does not live at that address. They promise to take my address off the file, the encounters stop temporarily then start back up again.
It's gone beyond the point of simply being annoying to a feeling of being of harassed by Maximus. Do they not know that people actually move? That old files with old addresses are just that old, and the individual(s) do or no longer reside at the address they may have on file?
Each time the clerks have been kind, the process server who came by yesterday had to listen to my frustration--after all, it's not his fault. He's given a name and address and he's just doing his job. But what about the 'collateral damage' in all this. The innocent caught in the middle?
The clerk I spoke with yesterday was nice and said she'd make a note of it, again. But there's no guarantee at some future date it won't happen again.
Read the rest of the story:
Frustration With Maximus Child Support
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