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LadyJustice... you clearly have no idea what you are talking about, and are giving VERY dangerous advice here. If Pressler sent you an information subpoena, they have a JUDGMENT against you. They are legally entitled to all your personal information... BY THE COURT AND THE LAW. Failure to...

I would ask the restaurant first about their policy, but it sounds like fraud to me. If you want, go to the police, I worked at a restaurant for 5 years and I've seen it happen- the law will come down on people that insert tips. My only problem is that it seems 10% exactly was added as a tip-...

If it is the policy of the restaurant to add a tip, and they give notification (like writing it on the menu or somewhere in the restaurant) it is your option as a consumer to get food from a different restaurant. So the fact that you crossed out the tip and wrote in a different amount means...

If they have a judgment against you, then they can legally enforce the amount of the judgment. They are in no way obligated to work with you to lower the amount they will "settle" for. The time for a settlement has passed (that would have been prejudgment), what they are trying to do is make...

check with the court to see if your state allows you to serve an information subpoena. This will require the judgment debtor to disclose all his personal asset information to you. If he fails to comply, file a motion to enforce litigant's rights. If he still refuses to answer the information...

They better care! One of the things you need to submit to the court to get a judgment is an affidavit of non-military service. If you were enlisted at the time of service, they cannot get a judgment against you. We need more info to help you though- do they have a judgment? When is it from...

I have written on the subject of suing on debt which are not owed before- but I will explain again. When any collection agency gets a debt, they buy a portfolio with 1000's of debts. That agency may sell the debts to another agency, then another, and then a law firm will get the debt to sue on...

#1- if you get a default judgment, your case is airtight without the production of evidence. The reasoning: YOU HAVE YOUR JUDGMENT! #2- the FDCPA allows you to request debt verification within 30 days. It would not stipulate a timeframe if it was intended to be indefinate. That is why you get...

Sorry, you are incorrect. The Fair Debt Collection Practices Act (FDCPA) allows request for verification of debt only within 30 days of notification of the debt. If you answer a complaint and make it past the pre-trial motions to discovery- yes, then you can make a demand for production of...

statute of limitations... If you think there is a statute of limitations issue, you are entitled to raise the issue with the court- however there is a time and a place for everything. If they already have a judgment against you, and then you think there is a possibility of a SOL issue, you need...

Ok- lots of questions. A collection company cannot garnish workers comp. They won't try to because the court will say they can't and the atty will know they will never allow it. It is non-excutable funds. If they try to levy your bank account, you can show them bank statements evidencing the...

file the dispute right away... but remember, just because it gets taken off your credit does not make it go away. However, I've never heard of a statute of limitations on a debt extending 15 years... most likely it will be dropped, or there is a judgment against you. Something to look into.

unfortunately, a creditor can execute a wage garnishment and levy your bank account simultaniously. Your best bet is to call the creditor/ creditor's attorney, and arrange a payment schedule. Tell them what you make, and offer them 10% (what they would get in a garnishment). Tell them you want...

If the car is worth $800.00, then you have $200.00 left to claim in personal property from your apartment. The rest can be subject to seizure and auction. Different collectors use different values from the KBB. It is hard to know which value to use, but if you do the test from the KBB, and...

As far as your bank account goes, a creditor cannot levy on social security income, social security disability, child support, or unemployment. As far a wage executions, they can garnish 10% as long as you make over $154.50 a week (before taxes). As far as contents of your apartment/car...

OK- 1) a collection agent cannot refuse to accept money. Send them a money order and photocopy it. If it is returned, keep the return letter/envelope. If you get sued, present this information and you will get out of the debt... 2) that being said, the collection agent will not return payment...

Ask for them to validate the debt, then basically wait for them to decide if they are going to sue you or not. The minimum weekly wage that can be garnished is 154.50, before taxes. If you really have no assets or means to pay this off, the judgment will stay in place for 20 years, then another...

This is a common problem. A creditor will get a judgment against you and garnish your wages, but that does not stop the interest from running on your account. It sounds like that is what happened to you, and your debt was sold to a new creditor. Selling debt while there is an order in place is...

The dollar amount is a percentage of your gross wages as determined by your state (usually 10%). Athough if you make an objection to the wage garnishment, the judge may take mercy and reduce the percentage (commonly to 5%). And yes, only 1 at a time, but the creditors can all get in line and...

you can only have your wages garnished by 1 creditor at a time, so if it comes to someone getting a judgment against you, you may just have to let the others line up to get their money and stop voluntary payments. Unfortunately, other creditors can attack your other assets if waiting for a wage...