This is an attempt to collect a debt, and any information obtained will be used for that purpose. This is a communication from a debt collector.
Frequently Asked Questions for Debtors
Below you will find the answers to the frequently asked questions our staff receives. This information is NOT legal advice and should not be construed as such. If you have questions regarding your specific legal questions or need legal advice regarding your case or circumstances you should contact a private attorney for assistance.
I received a letter stating that I have thirty (30) days to dispute the validity of the debt?
When you receive this type of letter you are given thirty (30) days to dispute the debt that our client allegedly shows as past due. This dispute must be done in writing and sent directly to our office, and not that of the client. This does not necessarily mean that you have thirty days to pay. Our client may elect to proceed with litigation or other collection efforts during this thirty day period. However, if you do dispute the validity of the debt in writing to our office, all collection efforts will be ceased until validation of the debt is mailed to you.
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I received a letter asking me to fill out a questionnaire about my income and assets?
In order to avoid being brought to court after a judgment has been obtained, you may be given the opportunity to fill out a "Questionnaire". Each question must be answered in full. You must then sign and date the questionnaire indicating that the answers are true and correct under penalty of perjury. This form also provides you an opportunity to propose a payment plan which fits your budget. Once the questionnaire is returned to our office, it will be reviewed and you will be notified by either mail or telephone whether or not your payment plan is acceptable.
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I have an outstanding obligation with your office that I need to pay. How do I go about that?
You may make payment in full to our office. We accept a variety of forms of payment. However, if you are paying for a returned check our firm will NOT accept a personal check. You may always pay in person via cash, money order, cashiers check or online by credit card (Mastercard/Visa) or check-over-the-phone. A 3% transaction fee will be applied to any on-line payment. Our offices are located at 1031 Vermont Street Suite B, Lawrence, Kansas 66044. We are open from 9:00 a.m. to 12:00 p.m. and 1:15 p.m. to 6:00 p.m. Monday through Friday, excluding legal holidays. If you are paying by cash please bring correct change as we do not keep change on the premises. If you are unable to pay during our normal office hours we have a drop box located just outside the building entrance. If you chose to use our drop box, do NOT deposit cash and make sure that included with your payment is your name, address, and phone number.
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I am unable to pay. What do I do now?
If you are unable to pay in full and need to establish a payment plan, you may contact our office via telephone and speak with one of our staff members regarding your payment options. When you call please be prepared to answer a number of questions regarding your personal financial situation. This process generally takes less than 10 minutes. If calling from Lawrence our number is 843-3536 for areas outside Lawrence we may be reached toll free at (877) 443-4849. If you prefer you may fill out your questionnaire (published on our website) and then bring it into our office or return it by mail or fax. If you chose this option, please make sure that you have completed every question completely and that you have provided a phone number at which we may contact you during normal business hours.
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I was served with a summons and petition and I do not disagree. How can I avoid going to court?
The simplest way is to pay the balance in full at least three business days prior to your Court date. Please contact our office for a pay off balance before submitting it as there may be additional interest or court costs which have accrued. If you are unable to pay the balance in full, our office can generally work with you and enter into an Agreed Journal Entry. In this situation you are admitting to the contents of the petition of which you were served and setting up a voluntary payment plan with our office. As long as your payments are being made as agreed upon, no garnishments or further court appearances will be requested. If you wish to enter into an Agreed Journal Entry you must sign and return the Agreed Journal Entry to our office at least five days prior to your Court date.
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What do I need to do once I have set up a payment plan with the law firm?
All payments should be made via money, check or cash payable to Pendleton & Sutton and mailed to the law firm or dropped in our outside payment box. Do NOT send cash and do NOT put cash in our drop box.
You can also make your payment on-line, but a 3% transaction fee will be applicable. You shall be in default of the payment plan in the event any payment is not received within three days of the date on which it was due. In the event that it is determined that the defendant(s) provided any false or misleading information to the Plaintiffs' attorneys, the payment plan may be terminated at the Plaintiffs' option and without notice to the defendant(s). In the event you are in default of your payment plan you will not be notified, your plan shall be null and void and further Court proceedings may be started including but not limited to garnishment.
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I received an Order to Appear for Hearing in Aid of Execution. What is this and what do I do?
This is an order from the Court requiring your appearance at the designated district court. At that appearance, you will be answering questions dealing with your income, assets, and personal information such as address, phone number, date of birth and social security number. You will be asked to bring with you a form of Personal Identification, your most recent bank statements, pay stub, and tax return.
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What if I am unable to make it to court on the date of my Order to Appear for a Hearing in Aid of Execution?
If you are unable to appear in court, it is in your best interest to contact our office and explain the underlying circumstances as to why you are unable to appear. If the contact is made five days or more before your assigned court date, you will be asked to answer a questionnaire with one of the assistants in the office and set up a payment plan. Depending on your individual account, you may be asked to make at least one payment before your Court date.
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What if I'm sick or have to go to the doctor?
A signed doctor's note is REQUIRED for all defendants not able to appear due to a previously scheduled doctor's appointment or illness.
If no contact is made and you fail to appear for your Order to Appear for Hearing in Aid of Execution, you may be cited for Contempt of Court for disobeying a Court Order.
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I received a Citation in Contempt, am I in trouble?
You were served this type of legal document because you failed to appear for a Order to Appear for Hearing in Aid of Execution. While at this hearing you will be answering questions dealing with income, assets, and personal information such as address, phone number, date of birth and social security number. At this hearing you be will asked to show cause or explain to the Judge for disobeying the order.
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What if I am unable to make it to court on the date of my court appearance?
If you are unable to appear in court, and you were personally served with the Citation in Contempt by a Sheriffs Deputy or Process Server, a bench warrant may be issued for your arrest. Again, it is in your best interest to contact the Attorney or the Court.
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What types of garnishments are there?
- Wage Garnishment, of which at most 25% of the disposable earnings made during a pay-period could be credited towards the judgment amount on the account.
- None-Wage Garnishment, of which at most, 110% of the earnings either made by an 1099 employee, or accumulated in a banking account, could be credited towards the judgment amount on the account(s).
Why am I being garnished?
One reason a garnishment is put in place is if a payment plan had been set up with our office and that plan defaulted in any sort of way, either a payment was missed or a payment was more than 3 days late.
Another reason for garnishment could be if the account has had little or no payments made since the date of judgment and no contact has been made with our office to define why.
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When can the garnishment be released?
Once the account is Paid In Full, or if there is substantial proof that the funds being garnished are exempt. Please see Objection to Garnishment (wage) or Objection to Garnishment (non-wage).
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What if too much money is received from the garnishment?
If an overpayment has been received from a garnishment, and you do not have any outstanding balances left with our office, you will be reimbursed the full amount of the overpayment. If there are other outstanding balance accounts that you have with our office we will ask for you to credit the overpayment amount towards the account(s). Also, if you have more than one garnishment in place on your wages earned, the overpayment must be credited towards that other garnishment.
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