I went to court to battle an uncooperative ex-wife over unpaid medical bills for my son. The judge ordered her to pay me the FULL balance. The bills are in collections but it get's very confusing because they are my sons bills, but under my name. The judge said we can take care of it any way I want meaning she can send me the check or send it directly to the collections agency. I want it sent directly to me so I can make sure it gets paid, she hadn't paid this bill for over 2 years, why would I trust her? Now she says to me to give her copies of the bills so she can review them. Is she too late for this? It's already court ordered for her to pay it. I have already done enough leg work getting balances and calling and fighting with collection agencies because she wouldn't cooperate. Do i have to provide her anything now that its court ordered and been through court? She is threatening a De novo hearing.
202809
She is in contempt of court.  At this point, its not her concern what the bills are and for how much.  She doesn't need to see them.  The court ordered her to pay them and that's all she needs to know.  I'd advise the court that she is in default and request another hearing.
536112
According to consumer action:\n\nTwo laws protect consumers from abusive debt collectors: the Fair Debt Collection Practices Act, a federal law; and the California Fair Debt Collection Practices Act. The federal law applies only to third party collection agencies, or those agencies collecting debts on behalf of original credit grantors. The California law applies to both original creditors and collection agencies.\n\nYour most powerful weapon against a collection agency under the federal law is to write a letter asking them to stop trying to contact you, although this doesn't mean you don't owe the debt. If the agency continues to harass you, it is in violation of the federal law. It can communicate with you only to inform you that it plans to take actual legal steps.\n\nThe following restrictions apply to collection agencies under federal law and to all bill collectors under California law. Collectors CAN:\n\n    *\n\n      Contact you by phone between 8:00 a.m. and 9:00 p.m.\n    *\n\n      Contact you initially by phone, but within five days must provide you with a letter that reflects the amount of the original debt, plus any interest that has accrued, the name and address of the original creditor, and a statement that states you have 30 days to dispute the debt.\n    *\n\n      Contact your lawyer only, if you have one.\n    *\n\n      Contact third parties only in order to locate you.\n    *\n\n      Charge interest on the debt if it was called for in the original contract or if allowed by state law. Rates may vary by state. In California, interest may be charged even if it was not in the original contract.\n    *\n\n      If you ask the collection agency to verify the debt within 30 days of when it initially contacted you, it must stop all collection efforts until it does.\n    *\n\n      Demand payment in full. Most collection agencies will let you make partial payments, but if you default on the agreement, they can insist upon full payment.\n    *\n\n      If you request in writing that a collection agency stop all communication with you, it must stop. But it can communicate with you to inform you that it plans to seek legal remedy or it is terminating collection efforts. (This is a Federal law and does not apply to original creditors.)\n\nThe following prohibitions apply to collection agencies under federal law and to all bill collectors under California law. Collectors CANNOT:\n\n    *\n\n      Contact you by phone before 8:00 a.m. or after 9:00 p.m.\n    *\n\n      Fail to state: the agency's name, address, and phone number; the creditor's name; the amount owed; interest owed.\n    *\n\n      Attempt to or collect more than is owed.\n    *\n\n      Use any language that is obscene, abusive, or profane.\n    *\n\n      Call constantly so that they deliberately annoy or disturb you.\n    *\n\n      Threaten to sue you or garnish your wages, unless they intend to actually take this action.\n    *\n\n      Threaten to ruin your credit.\n    *\n\n      Threaten to send a sheriff to your house to have you arrested or your property seized.\n    *\n\n      Threaten to take any action that they cannot legally take.\n    *\n\n      Discuss your debt with third parties, or reveal to them that they are calling from a collection agency and that you owe a debt.\n    *\n\n      Insult you or a third party.\n    *\n\n      Use phony documents that appear to be from a law office or government agency.\n    *\n\n      Contact you at work if the collector is aware that your employer prohibits such calls.\n    *\n\n      Contact you after you have advised a collection agency in writing to stop.\n\nAdditional California Debt Collection Law\n\nCalifornia law allows original creditors and bill collectors to contact an employer for the following reasons only:\n\n    * To verify the debtor's employment and location.\n    * To set up wage garnishment after winning a judgment in court.\n    * To verify medical insurance fo
263716
You do not have to be personally served in a civil matter.\n\nSo long as the process server certifies he served you, you have been served.\n\nPerhaps you should respond to the complaint and plead your case before a judge. Do you seriously think they are going to forget about it? If you continue to evade the process server, you will be served a citation by publication and lose by default when you don't show up in court.\n\nMaybe you should follow the previous advice and contact the company trying to collect the debt. They want the money, and if they don't get it, they want to attach anything you own that can be attached (seized for auction).\n\nAdditional comment:\n\nThen go to court and plead your case, or resign yourself to the fact the collection agency will be awarded a judgment against you (your property) for the amount they claim you owe.
290181
The debt should be paid by the ex- wife as long as he is not the co-signer.  Since she is no longer able to pay this debt her estate (belongings, car, house, etc.) will be sold and that money will be sent to the debt collectors.  This means that he will not pay (but the creditors still have his name attached to hers and they do not have their money so they are calling to try to get it) and the debt will be settled when her estate is sold.
222155
When you have debtors calling you be polite, don't agree with any payment amount. Next write the collectors a letter of cease and desist send it signed register receipt. This will give you barging power, they will have turn your original bill back to whom ever, wait and see what happens. If they turn it over to a attorney, send them a letter of cease and desist, if they sue you the original debtor will realize you have no money and most likely write it off as noncollectable, but you have to realize this will go on your credit report, but roll off in 7 years. To find a copy of the cease and desist letter you can go to the library. And no I don't want to kick your butt it sounds like you have done enough of it already.
538863
If  you call a local collection agency in your area they will ask for the information of the person owing you the money and they will send out notices trying to collect. This is not the most effective way, most people throw the notices away...be warned collection agencies charge a fee and or a percentage of what you are trying to collect. You will more than likely end up not receiving the full amount owed to you. You are better off taking these clients to small claims court. I believe in most states it is around $35.00 to file a motion. In the end it is cheaper and with a strong case you will receive all monies owed. If and when you file be sure to include that you want to be reimbursed for court costs.
527852
I went to the county clerk and recorder office and recorded my judgment.  It automatically puts a mechanics lien on his real estate property. IE:house,land that he has in his name he cannot sell or get a loan until this is paid.  Also I got an Interrogatory form(long form) and had the sheriffs office give it to him, I did this three times but I can do it as many time as I want the judge said so.  The interrogatory makes him disclose all of his assets including his money in the bank.  Then I got another form for Garnish and Levy which will clean out his bank account and or subtract money from his paycheck or Income tax return.  All of the money I spent to collect from him is also added to the total amount and the total accrues at 8% a year.  I had to  to revive the judgment every six years to keep it active.  It's like money in the bank drawing 8% a year so if you don't get paid this year it don't matter.  This is Colorado Law it may be a little different where you live.  This is not advice but my experience.  You may use it however you wish. I did it all myself without a laywer.
89585
Well, My husband and I have been married for 10 years and we deal with his ex that takes my husband to court based on lies 1-2 times a year. We had only hired a lawyer 2 times in the entire 10 years. It is very easy to write, file and represent yourself. \n\nHere is what I would do. is file for a temporary restraining order based on collections harrassment. The judge will order her to only contact you to arrange visitation and talk about child's schooling and health. If she breaks it then go into family court with the restraining order and show that she broke the order.
411973
First read ugottafriend4life's answer again and follow it.  You may be able to add it to your BK.\n\nNext...VERY IMPORTANT!  Is this the first collection letter you got?  It should have a statement telling you that you have 30 days to dispute the debt.  \n\nSend them a dispute letter and demand validation.  That will buy you some time to look into the BK filing.  It also places a "stay" on the collector preventing him from placing anything on your credit report.  By law, he can not proceed with collection activities until he validates this debt.\n\nDuring this time you can negotiate with either the doctor's office (preferred) or the collector.  But demand IN WRITING that in exchange for payment they must not place anything on your credit report.  Does it make any sense to you to pay the bill and still have your credit messed up by these jerks?  If they sue you, the judgement stays on your credit report for 10 years, same as the BK report.  So they really can't do much harm to you.  But if they want your money then make them give you something in return!
78415
By law, the collection agency must "validate" your debt.  That means that, upon written request, they have 30 days to supply you with copies of contracts, bills, receipts, and anything that was used to calculate the amount that you owe.  If they fail to supply this, they must remove your information from the credit bureau, and must stop bothering you.\n\nYou are about to go to war!  Do NOT fight these guys unarmed!  Knowledge of the law is your only weapon, go read the links below and GET ARMED!  \n\nYou got an easy slam dunk case here.\n\nFrom this point on, keep a log of every call you make/receive regarding your debt, and copies of all letters.  You will need this if you wish to prosecute.\n\nUse the sample letter I supplied below on how to write a request to validate letter.  Send it by certified mail to the collection agent.  \n\nAfter 30 days, if they do not respond, send letters to the credit reporting agencies, along with a copy of your validation letter, and demand that they remove any negative report that is in your file.\n\nIf the collection agency does respond back, and the information is not given or incomplete, send them another letter and demand it again, but this time threaten legal action if they place anything on your history.\n\nJust keep the credit bureau's informed of the problem, and if they don't remove the history hire a lawyer and sue under the \nFair Debt Reporting Act.\n\nI'm going to bet that you don't owe a lot on this, right?  Less then $200?  They won't even bother to sue you.  They will send it back to the original creditor.  It's not worth the time of the Collection Agent to sue you for that small an amount.  The only weapon they have is your credit history, and if you follow my instructions will stop that.\n\nGet armed!  Read the links below!
481843
The court can order garnishment, if the person doesn't pay on their own. What you could do is petition the court for such an order, and explain why it's necessary.
176900
While a written agreement is the easiest to clearly understand, a verbal agreement is also legally binding.  It's good you've got witnesses to back you up - take her to court, she owes you!  She might decide to pay once she realizes you are serious about collecting your debt and you may never have to go to court to collect.  Don't feel bad about suing her for it either - you already have been kind to her with all you did do - and she doesn't seem to have a problem taking advantage of you and flaunting it in your face... this is what the legal system is for - this is obviously bothering you - this is your only recourse unless you decide you want to "gift" it to her and then you should quit complaining about what she didn't pay back.
315290
$75K with no receipt? She almost deserves to lose it.\n\nTalk to a lawyer. She can probably get one on a contingency, but that means she'll give he lawyer about 1/3rd of the take for the collection. The lawyer would probably start by requesting the money through a letter. If he doesn't respond, the next step would be a civil suit. If she wins that, then she'd be eligible to use the judgment to collect from him in different ways such as from his bank account, if he had the money, or by garnishing his wages.
193204
Likely not - what she should do is pay any portion of the $ 150 in court costs. Even if she only pays $ 20, that will demonstrate good faith and intent and then the court will likely grant her an extension. If she pays nothing then she will be in default of payment and letters will come, collection agency etc all. \n\nJust pay something to show good intent.
542687
This is the big question in most litigation -- what do you do when someone owes you something but they can't pay?\nWe don't have debtor's prison (thank goodness), so your actions are limited.  You can hire an attorney to file a lien or a collection action. But if they're insolvent and/or they've declared bankruptcy, you're going to be very low on the list of creditors (behind all those secured creditors like the mortgage, any bondholders, etc.)  You may also file a claim in small claims court -- usually easy, quick, and fairly inexpensive.  If they have money ($1500 is not very much) the judge can order that they pay you; and their failure to pay is then an enforceable judgment (which gives you a priority if they do declare bankrupcty!).  There are also processes for an attorney to perform a special kind of examination to find a debtor's assets to "attach" to satisfy your judgment.\nTry to seek legal counsel -- Legal aid societies are particularly good at these types of problems, or you can call your local bar association and ask for a referral.\n\nGood luck-- I hope they have money!
150629
Yes and No...This would be one that all depends on the judge. In my opinion, she shouldn't have a case, because you were not present, and did not spend any of the electricity. but in the judges eyes, he might say, since you entered into the "roommate obligation" that your roommate depended on you to pay half of everything. this one is tricky. But I can tell you this, She'd spend more money taking you to court than the entire utility bill costs. So I'd say stick her with it, and move out. :)
369303
This sounds like a load of cr*p.  Don't deal with collection agents at all.  If you WANT to pay the bill, deal directly with the credit card company (and make SURE it is the credit card company you are dealing with, not a collections agent pretending to be them).\n\nIf the company won't deal with you and the debt has already hit your credit report, just don't bother with it at all--it can't get any worse.\n\nIf they threaten to take you to court wait until you have at least two letters from a REAL attorney (investigate whether the law firm that sends you the letters is legit or not) and then offer to settle with them for 50% of the funds due.\n\nCollection agents will lie, cheat, and steal just to get you to talk to them, don't deal with them at all!  No honest person becomes a collection agent... or if one does, they soon lose all aspects of humanity they once had.\n\nGood luck!