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Can you go to small claims court if your bill has been sent to collections?
Wiki User
∙ 15y ago
Yes. Collections alone cannot order you to pay; you must pay voluntarily. With a small claims judgment, the creditor can attach the judgment to your assets.
Wiki User
∙ 15y ago
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For a judgment does The summons come from the collection agencies or the courts?
Summons is a notice that you have to appear in court concerning a matter. It comes from the courts. I would speculate that it came from a small claims court. At least that has been the experience that I have heard from people. The collections agency has filed a claim with the court.
What court do you go to after you have been through Small Claims Court?
The state circuit court in the city or county of residence.
If i have a case against someone in small claims court that was dismissed with prejudice could i file i case in civil court?
No. Dismissed with prejudice means the case has already been adjudicated, and that res judicata would prohibit bringing the case again. Furthermore, small claims court is a level of civil court that has a lower monetary jurisdiction than other levels. The alternative to civil court is criminal court, and small claims cases are not, by their nature, criminal matters.
Can you sue your father for destroying your xbox?
You cannot unless you are over eighteen. Perhaps your other parent could sue for you in small claims court. You could inquire at the local court house. Such claims have been heard on the televised court shows such as Judge Judy and the People's Court.
Do I have to go to small claims court to evict a friend that has been living in my house for 2 yrs. She thinds I do because she pays the cable and internet bill. We only have a verbal agreement until?
Yes, you would have to proceed to Housing Court (which is generally a division of Small Claims/Civil Court). If you have a verbal contract that formed a leasehold, she is considered a tenant.
Can unpaid restitution be sent to collections?
Yes, unless it was it was supposed to have been done as the result of a court order. Then it can be prosecuted as Contempt of Court.
Can you sue in small claims court if you lose the first time?
The broad answer is no, but you should understand why. 1. The term small claims court is used to describe the subject-matter jurisdiction of the court. Subject-matter jurisdiction pertains to the type or amount of money or property that a court is given the authority to address in a lawsuit. For example, small claims court jurisdiction of a court may be $5000. Frequently, small claims court is a "subset" of another court. The name of that court differs state to state, but is sometimes called County Court. That court also has stated subject-matter jurisdiction. In civil (as opposed to criminal) matters, the jurisdiction may go as high as $15,000). If the case is within the jurisdiction of small claims court, it usually proceeds under a more relaxed set of procedural rules. If more money is at stake such that small claims jurisdiction is exceeded, the case proceeds more formally. Often, the same judges that handle small claims cases also handle the larger dollar cases because small claims court is a division of County Court (by whatever name it goes in your State). 2. I assume by your questioin that you want to try to recover something from the other party after having lost the first time. Presumably, you are willing to take less than previously claimed, and at first sued in a court that had higher subject-matter jurisdiction. You cannot do this if the fist case was decided upon its merits (on the facts). This is because of a legal principle called "res judicata". It exists to provide certainty to the law and to bring an end to litigation over the same facts. It prevents the relitigation of the same facts by and between the same parties. 3. If you have used the term "lose" to refer to a dismissal of the case for what may be considered a "technical" reason (for example, the failure to appear at trial), you may have a shot at refiling the case. Often, the law of a State allows one such refiling if there has not been a decision by the Court on the merits of the case, and if the Statute of Limitations for the cause of action has not expired. But remember, if you try to refile in Small Claims Court, your case will have to fit within the confines of the subject-matter jurisdiction of that Court.
Is it legal for a collection agency to garnish wages on five year old medical bills?
Yes. There should have been a court hearing on this (possibly in Small Claims court?) because they can't do it without the court's authority. Did you happen to ignore a court summons for this, if so, you were probably found "liable" in absentia.
I lent a friend money I have the email in which she agreed to the payments and a paper she signed with the info on the loan It has been 2 months and no payments. Do I have any recourse?
Try your local Small Claims Court.
I am a cosigner i have been paying for a friends furniture bill that she agreed to pay what can ido to get my money from her and to make her pay the remaining balance on her furniture bill?
Take her to court. This is the only recourse you have. It is a civil matter, and a judge must decide who is liable for the payments. If it is a small balance, you may be able to handle it yourself in small claims court. Take all of your record with you, and hope your friend does not show--this will result in a default judgment for you. In this case, you could, through a collections lawyer, serve her employer and bank an order of garnishee and take your money back.
If you do a credit card balance transfer for a relative and they do not pay can you get out of it legally?
If the debt has been transferred onto your credit card, you are liable to pay. You can sue your relative in small claims court to recoup the money you are owed.
What do you do when a car that the finance company sold has been reported as a repossession and you were the person co-signing on it especially when it was stolen and found to have been salvaged?
sue the seller in small claims court to recover your losses. be able to prove you didn't know it was stolen
