About Experts Sitemap - Group 13 - Page 45 2013-06-18
Collections Law: Deceased Credit Card Debt, burial expense, probate court
burial expense, probate court, credit life insurance: You would need to consult with a probate attorney for specifics concerning this particular estate but one of the issues is the property. Depending on the claims against the estate you may have to pay the estate for the property or have an estate sale so that...
Collections Law: Default Judgment, default judgment, john watts
default judgment, john watts, consumer lawyer: Robert, I don t know what the time limit will be in your state and in front of this particular judge. We typically advise our clients (after learning the details of their situation) to NOT allow a default judgment to be entered. You may want to read...
Collections Law: Double reporting on credit report, certified mail, delinquent accounts
certified mail, delinquent accounts, credit bureau: This is a very common problem. Some have accounts being reported by several companies which makes it look like they have numerous delinquent accounts. Although it is not illegal for them to do so you may be able to get one or the other removed by disputing...
Collections Law: debt, bankruptcy and summons, filing for bankruptcy, little game
filing for bankruptcy, little game, form letters: The fact of your prior incarceration is of no importance here and now. All that matters now is that they are attempting to sue you and no, they can t put you back in jail for this debt. But if you have no income then how would you make a payment plan work?...
Collections Law: debt from ex-husband, bank ruptcy, decree states
bank ruptcy, decree states, divorce decree: Also can garnish my wages are view my checking account and savings account? ---- please be clear on what your asking. The account is already in default it s almost 6 years past due. If the bank is the reporting party the account wasn t purchased by...
Collections Law: FDCPA Laws, certified mail, state attorney general
certified mail, state attorney general, fdcpa laws: Some collection agencies will not accept or sign for certified mail because they know what it is. You might try asking them for a fax number and fax the letter. Keep the receipt showing it was sent and received. Don t let them know why you need the fax number....
Collections Law: FDCPA violation, oklahoma city chapter, fdcpa laws
oklahoma city chapter, fdcpa laws, bill bauer: I can t even begin to answer that question for you. While the process is simple to anyone with the experience of having done it multiple times in the past teaching someone else to do it is a process that takes several weeks and even months to complete when...
Collections Law: colletion notice, cb usa, shady business
Collections Law: colletion notice, cb usa, shady business, ammount
Collections Law: Debt collectors calling workplace for co-worker, elase, debt collector
Collections Law: Debt collectors calling workplace for co-worker, elase, debt collector, collection efforts
Collections Law: FDCPA Laws, fdcpa laws, time zones
Collections Law: FDCPA Laws, fdcpa laws, time zones, harrassment
Collections Law: payments acknowledged by collector, summary judgement, full disclosure
Collections Law: payments acknowledged by collector, summary judgement, full disclosure, suttle
Collections Law: I have been served a summons by Capital One Bank, collection attorney, judgement
Collections Law: I have been served a summons by Capital One Bank, collection attorney, judgement, credit card
Collections Law: forcloser, foreclosure action, demand letter
foreclosure action, demand letter: A foreclosure can be filed at any time once an account is past due, however the law requires the lender to issue a 30 day demand letter prior to a foreclosure action being filed. If you receive this letter from their attorney calling the balance due or notifying...
Collections Law: fraud and judgement, sprint psc, bill bauer
sprint psc, bill bauer, credit reporting agency: The answer is pretty simple. If they do file a lawsuit against you then file a response to the lawsuit and since you can prove that Sprint said you don t owe them anything you can easily subpoena Sprint in to testify on your behalf then when it gets dismissed...
Collections Law: Garnishment, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: Up to 25& of your check but the must leave you at least $150 a week. Actually $150 is sort of a guestimate. There is an exact formula based on the minimum wage. They must leave you so many times the minimum wage but I don t remember the exact forumla since...
Collections Law: GMAC Repossession / Bad Debt Write Off, personal cell phone, repossesion
personal cell phone, repossesion, phone answer: Leslie, You have a right to request verification of this debt if the account was in collections. From our research on GMAC Auto contracts since the original creditor is servicing the loan, you acknowledged the debt when the payments were being made. ...
Collections Law: Help with lawsuit, fcnb, states supreme court
fcnb, states supreme court, stipulation of settlement: Your answer saying you have never done business with them was certainly not the best answer you could have presented. They are a debt collector and they have every right to sue you for the money they claim you owe. It was not a reasonable response to the...
Collections Law: Judgement, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: Yes, a lawyer can get a judgment and collect on a debt even though the bank is closed or has gone out of business. Who gets the money? Most likely the lawyer although it could be a collection agency. Maybe the lawyer owns the collection agency too. Why do...
Collections Law: Judgement, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, contempt of court: You will have to answer them truthfully and within the time limit allowed or they will call you into court and try to make you answer the questions in court. If you refuse or fail to go to court they can throw you in jail for contempt of court. So don...
Collections Law: Judgement, wage garnishment, letter in the mail
wage garnishment, letter in the mail, city of philadelphia: The plaintiff can execute the order from the courts resulting into wage garnishment. Creditors do not have to settle, they do it as an offer to compromise. Since they have already won a judgment it wouldn t be cost effective. We re not saying that it...
Collections Law: Judgement for Really Old credit card, Credit Card Garnishment
Credit Card Garnishment: Diana, Make sure you have the proper documentation from the courts stating the judgment was vacated. They can not file suit or place a levy on your bank account. Als, depending on the state some sol laws are 10-20 years so collectors will still be...
Collections Law: Judgment by an illegitimate entity, unifund ccr partners, nys department of state division of corporations
unifund ccr partners, nys department of state division of corporations, chris answer: All that means is that they are not licensed to do business in New York which also means they don t have standing to sue you in New York. It won t do you any good to report them to that license agency but it will most likely do you some good to tell the judge...
Collections Law: Too late to ask for a debt validation??, motion for default judgment, wheelchair van
motion for default judgment, wheelchair van, seizure disorder: You are in deep trouble for many reasons. First of all you live in Mass and that is a very bad state to live in when it comes to legal matters. Secondly the statute of limitations would not be a reason to vacate the judgment. You have to argue that at...
Collections Law: levy on partnership account, judgment creditor, notice of levy
judgment creditor, notice of levy, levy funds: Your question is actually a two part question. One part deals with business law and the other deals with personal (consumer) related matters. I don t get into business matters at all because that involves business or UCC law and I don t know a thing about...
Collections Law: levy on partnership account, judgment creditor, notice of levy
judgment creditor, notice of levy, levy funds: I would say probably. If you are not an LLC or C-Corp. they can. You may contest the levy and request a hearing but unless you are incorporated they can usually attach bank accounts and other assets with your name on it, even when you are not the sole owner....
Collections Law: lien on house, life insurance policy, recorders office
life insurance policy, recorders office, land search: Angela, From all of us at Ontrack Financial Group we re sorry for your loss. The lien on the house could have been mistyped by your counties recorders office. The lien is not only against your late husband but it s against the home too. If you...
Collections Law: getting out of a loan as a co signer, co signer, loan company
co signer, loan company, niece: Irene, Unfortunately, when you co-signed the contract you have the ultimate responsibility to make sure the debt is paid back. Since your niece filed bankruptcy ( if the debt is discharged ) she is no longer responsible. She can however reaffirm the...
Collections Law: MEDICAL LAWSUIT SUMMONS, bill bauer, shawnee oklahoma
bill bauer, shawnee oklahoma, medical account: Learning how to answer the summons is not all that difficult. Tiffany W. from Shawnee Oklahoma became a creditwrench student and learned how to answer her summons. She went to Court and argued her case before the judge and then on last night s creditwrench...
Collections Law: Medical Debt, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: Did she sign at the hospital to be responsible? If so she is stuck. If she didn t sign anything at the hospital then she wouldn t be responsible except possibly as an exutrix of her husband s estate if he had one. If they sue her for it she will get stuck...
Collections Law: Need help with court summons., oklahoma city chapter, court summons
oklahoma city chapter, court summons, bill bauer: What state do you live in? Providian debts are now out of stat for most states. If it is out of stat then you really don t owe the money any more and the debt is uncollectable. Furthermore, do you really owe the amount they are asking for? Most likely...
Collections Law: Oklahoma credit card statute of limitations, credit card statute of limitations, bill bauer
credit card statute of limitations, bill bauer, thanks in advance: I can see that you are a pretty good researcher and have covered just about all the bases except one and that is that even under OS 14a it still comes back to the fact that every definition I can find in Oklahoma Statutes says that the 3 year statute of limitations...
Collections Law: Old car debt, writ of garnishment, debt collection practices
writ of garnishment, debt collection practices, ford motor credit: Whether or not you can keep your credit cards is doubtful. While I don t have expertise in the bankruptcy area I once had a friend (now deceased) who filed BK several years ago and they made him cut up all his credit cards. So I tend to think you would...
Collections Law: Old Debt, cacv of colorado, statute of limitations
cacv of colorado, statute of limitations, judgment: The statute of limitations runs from the date of last payment on the account. You might check your credit report to see what is being reported. And yes, it is exactly four years from the date of last payment. They must have a judgment by that date in order...
Collections Law: old debt, Apex Credit Services, credit repair
Apex Credit Services, credit repair: Kim: If the debt pre-dates your filing for bankruptcy protection, the debt is discharged whether it was included in the matrix or not. Our advice is to state that the debt was discharged in bankruptcy. Apex Credit Services, LLC ...
Collections Law: old lien holder has disappeared, claims suit, lien holder
claims suit, lien holder, lienholder: Depending on the balance you may be able to file a small claims suit to get the judge to decide whether to release the lien or not. The problem is the creditor may find the account and require payment. On the other hand, they may decide to settle for less...
Collections Law: outrageous collection fees, income tax refund, outrageous collection
income tax refund, outrageous collection, delinquent payment: Normally, unless it is a government debt they may only charge late fees and interest on the delinquent payment. They may not charge collection fees unless it is a legal account and they would have to obtain a judgment and be awarded legal costs, and that only...
Collections Law: Past collections account, credit score, credit bureau
credit score, credit bureau, financial group: Yes you will still have to pay them. Once paid they will re-age meaning they will be a part of your credit bureau for 7 more years. Your credit score will continue to be tarnished until the collection account are satisfied. If you need assistance working...
Collections Law: Payday Loans Default, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: They can file lawsuit against you and garnish your wages if you don t pay. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html www.creditwrench.com/Howtodefeatdebtcollectors...
Collections Law: Payday loans, payday loan company, check fraud
payday loan company, check fraud, filing a lawsuit: Police are not going to take a complaint like that from a payday loan company. They knew the check was no good when they accepted it. Yes, they are trying to scare you into paying. However you can count on the fact that they will end up filing a lawsuit...
Collections Law: Pre Trial Hearing, court summons, settlement option
court summons, settlement option, credit card debt: You need to respond to the summons. ______________________________________ Can you provide any information as to how to approach this firm? Should I continue to call the company in hopes for a settlement prior to the date? You cnn do that if you...
Collections Law: payday loan collection, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, fraud check: LOL! No, of course not. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html www.creditwrench.com/Howtodefeatdebtcollectors www.creditwrench.com/objections.html...
Collections Law: Not paying 2nd Mortgage, loss mitigation, money judgment
loss mitigation, money judgment, junior lien: It is not likely the second mortgage will take your home. They have a junior lien and would not get anything from a foreclosure sale since the first would have to be paid off first. However, they could potentially get a money judgment and go after wages if...
Collections Law: payments acknowledged by collector, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: I would think so. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html www.creditwrench.com/Howtodefeatdebtcollectors The Creditwrench conference calls will...
Collections Law: post divorce debt, divorce paperwork, contempt charges
divorce paperwork, contempt charges, divorce agreements: This is a very common problem. One of the problems is that unless he gets a loan to pay the account off they cannot remove your name from the account. And if he filed bankruptcy the creditor can come after you to collect the money. Creditors do not recognize...
Collections Law: question about motion for summary judgement, mail return receipt, motion for summary judgement
mail return receipt, motion for summary judgement, lump sum settlement: The answer is the same as always. First of all, never pay a debt collector a crying dime. Make them pay you instead! Believe me, it does work and it can be done and it really isn t the least bit difficult to do. Really easy in fact once you learn how. ...
Collections Law: no question - just wanna say thanks, state attorney general, certified mail
state attorney general, certified mail, fraudulent account: The problem is that they also have a judgment against you which extended the SOL. If it was past the SOL when they got the judgment or you were not served you may have an opportunity to have the judgment overturned. This can be difficult but not impossible....
Collections Law: Rcvd Summons from Cap1 atty for, mail return receipt, denial letter
mail return receipt, denial letter, bill bauer: First of all, never educate the other guy. If he spelled your name wrong then respond to the summons using the wrong spelling of your name. I ve personally seen cases where names were spelled wrong and the party just responded using the same wrong spelling...
Collections Law: RE: collections, Apex Credit Services, LLC
Apex Credit Services, LLC, FDCPA: Denise: The next time the call get their contact information. Thereafter, send to them in writing a request for validation of the debt. As for the statute of limitations in Ohio, it depends on the nature of the debt incurred; i.e., written, oral,...
Collections Law: Repossession, rv payment, lien against property
rv payment, lien against property, thanks in advance: These are all good questions. First, once you decide to file bankruptcy and inform the creditors of this they must stop collection activity. They may not repo collateral, file suit, or contact you at all. However, if you have not fully decided to file they...
Collections Law: Response to my dispute letter, capital one credit card, valid contract
capital one credit card, valid contract, complimentary copies: The problem is that credit cards are not a good thing for the average man. They may seem a necessity because they offer a fairly easy way to obtain credit one needs when they have to buy a vehicle or a home but they are also a deadly trap if one does not use...
Collections Law: Revive Judgment in Illinois???, garnishment of wages, bill bauer
garnishment of wages, bill bauer, postal mail: You are in real trouble on this one because they have the right to revive that judgment for 20 years after it was originally granted even though it expired 7 years after they granted it in the first place. So you can count on the fact that they will get the...
Collections Law: just recieved summons, need advice, summons need, jp court
summons need, jp court, default judgement: John: Your answer should not consist of questions rather, denials or admissions or your claim that you lack sufficient knowledge to admit or deny the averments. You go paragraph by paragraph applying the above. Finally, you assert any affirmative...
Collections Law: How do I respond to a Collection Agency Summons?, credit bureau reporting, federal job
credit bureau reporting, federal job, medical bill: First of all I would like to say that your comments reflect almost precisely those of a gentleman who called me yesterday afternoon wanting to get some help with an old auto repo problem he is being sued for. He has 4 health food stores here in Oklahoma City....
Collections Law: How to respond to Summons for alleged Credit Card Debt, bill bauer, credit card debt
bill bauer, credit card debt, capital one: I d suggest that you file a graduated denial in answer to the summons. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html www.creditwrench.com/Howtodefeatdebtcollectors...
Collections Law: how to respond to a summons, ohio statute of limitations, providian credit card
ohio statute of limitations, providian credit card, credit card debt: Why present a weak argument like that when you have a statute of limitations defense at your disposal? SOL defense tops anything you plan on doing above. If you don t argue it you lose it and it makes them prove that they filed in time. The answer you...
Collections Law: Settlement, collections agency, settlement deal
collections agency, settlement deal, verbal agreement: Erica, They can not longer honor the verbal agreement as the debt was sold. Now it s a different ball game. It s always better to hire a company that deals with creditors on your behalf. Trying to do this alone will only affect your mental health....
Collections Law: Spouse's Emergency Medical Debt, emergency hysterectomy, accounting history
emergency hysterectomy, accounting history, federal loans: The first thing that you should be aware of is that no government pension can be garnished by anybody except the government itself. So you are basically giving them what they can t get any other way. With food, fuel and other costs what they are today...
Collections Law: Sued by Discover, pay stubs, retirement check
pay stubs, retirement check, legal obligation: You have absolutely no legal obligation to tell them anything until such time as they have a judgment and a garnishment order in place. Even then you don t have to tell them everything. There are some things they simply cannot compel. While you may have...
Collections Law: Suit by Wolpoff and Abramson, wolpoff and abramson, wolpoff abramson
wolpoff and abramson, wolpoff abramson, oklahoma city chapter: What to say in the letter? Simple. Just say you dispute the debt and demand that they valaidate the debt. You really don t need to say any more than that in a letter to a lawyer. You need to be much more concerned in getting that response in to the court....
Collections Law: Summons on a Hospital Bill, mail return receipt, certified mail
mail return receipt, certified mail, payment arrangement: What do you do with a summons? First I would send a demand for validation by certified mail return receipt requested and then respond to the summons. I recommend that you respond with what is known as a graduated denial. Then I would follow up with interrogatories,...
Collections Law: Surrendered vehicle, apex credit services
apex credit services: Erica: There is no way to answer this question affirmatively insofar as while you have no viable assets, GMAC can be fairly litigious. If they did sue, they could garnish your wages depending on the state where you live. Apex Credit Services,...
Collections Law: I have been served a summons by Capital One Bank, bill bauer, capital one bank
bill bauer, capital one bank, capital one: Do not agree to mediation in any way because it denies you your basic protections that you would receive in a trial before a judge. You can t use interrogatories, admissions or demand for production of documents and other protections you have in hearings before...
Collections Law: service of process/motion for discovery, bill bauer, process motion
bill bauer, process motion, affirmative defenses: One does not file a motion for discovery. Your interrogatories, admissions and demand for production can be sent to the plaintiff s attorney at the same time you send him a copy of your first response to the summons and complaint or at any time thereafter....
Collections Law: Being sued by Discover (second question), money lenders, right arm
money lenders, right arm, plaintiff: You ask what can you do to avoid going to court. Why do you want to avoid going to court? What is so frightening about going to court that people want to avoid it at all costs? It seems that people would almost rather give up their right arm and right leg...
Collections Law: Trim pkg for new construction, finance charges, attor
finance charges, attor, writing a letter: First things first. You will need to account for items not received and items received but not ordered. Document everything. Then write a letter to the attorney with a copy to the company and a copy to an attorney if you can find one that will advise you rather...
Collections Law: three years later?, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: If you don t have the receipts to prove you paid in full you can end up having to pay it all over again. But how did you pay them? If you paid by check the bank you were doing business with at the time would probably still have the records showing where you...
Collections Law: Unemployed spouse debt prior to marriage in collections, Student Loan in collections
Student Loan in collections: Andrew, Congrats on being married to a wonderful woman! Since this is a US backed student loan your wife will need to pay it off (Us Gov. student loans never go away). You can try to work out a payment arrangement on the judgment, or obtain a loan...
Collections Law: unsecured credit card debt, magistrate office, oklahoma city chapter
magistrate office, oklahoma city chapter, district magistrate: Probably not. I ve never heard of a case yet where they notified the people first. They just do it and let you find out the hard way. The only way most people ever find out is when their checks start bouncing and then they are in a big mess. They have to pay...
Collections Law: vehicle lienholder statue of limitations, mail return receipt, registrar of motor vehicles
mail return receipt, registrar of motor vehicles, bureau of motor vehicles: In many states you may send a certified letter to the last known address of the titleholder. If it comes back or they do not respond you may apply for an abandoned vehicle title or write a letter to the Bureau of Motor Vehicles explaining the situation and...
Collections Law: Wrongful Collection, dealing with creditors, bonus money
dealing with creditors, bonus money, base salary: I have the perfect answer to your type of problem but in order to use it effectively you need to understand the concepts behind the debt collection process. Here is the inside story. Debt collectors work on a base salary plus commissions on all the money...
Collections Law: 12 yr old account, bankruptcy database, federal statues
bankruptcy database, federal statues, bankruptcy paperwork: Tenachi, The courts never discharged the account since it wasn t included. However the statue of limitations may have expired. If they did your no longer responsible for the debt. Sincerely, Ontrack Financial Group Senior Consumer Credit Arbitrator...
Collections Law: 16 mon. after summary judgement and wage garnish attorney filed for another $525, summary judgement, track america
summary judgement, track america, interest thanks: They would be justified to receive all funds legally available to the original creditor if they purchased the account. What I am curious about is what the additional money is for. If you can verify all payments made send it to the courts with a letter and...
Collections Law: 2 accounts - same CA, state tax refund, postal money order
state tax refund, postal money order, collection accounts: You are asking me to speculate on what the outcomes might be and unfortunately I can t do that. I would tend to think that you might have better luck with the tax collector than you will with the baby sitters. That s more because you have cash in hand at the...
Collections Law: Agency harassment, mail return receipt, capital one credit card
mail return receipt, capital one credit card, bill bauer: The first thing is to get rid of the calls either by sending them a certified mail return receipt requested letter telling them not to contact you by any means other than the U.S. Mail or by visiting my web page at http://www.creditwrench.com/18questions.html...
Collections Law: Agreement violation, google groups, bill bauer
google groups, bill bauer, postal money order: So keep the copies you have so you don t run out and send them a set. Can you file any papers with the court to have this agreement voided? Yes, I m sure you could but I am even more sure that it wouldn t do you any good. I m also sure you could file a...
Collections Law: AMEX and Nationwide Credit, nationwide credit, good faith
nationwide credit, good faith, amex: Nina, Nationwide Credit in Phoenix is calling you about this right? It sounds like they are giving you a 3 month payoff. Meaning they will not stop the late fees but are willing to settle the account. If they settle and save you more than 599.00...
Collections Law: Amex GC Services, debt collection attorneys, gc services
debt collection attorneys, gc services, strong talk: You want real debt relief? What do you think a debt relief company might be able to do for you? I don t know what you think a so called debt relief company might be able to do for you. There are only two ways to get debt relief that I know of and you already...
Collections Law: Apartment debt nightmare, concession charge, debt collector
concession charge, debt collector, charge backs: You need to learn about your rights under the law and how to defend them. Once a third party debt collector becomes involved such things as you relate can be actionable in a lawsuit against both the landlord and the debt collector. For one thing, from...
Collections Law: Apartment taking garnishment, cause motion, joint checking
cause motion, joint checking, show cause hearing: Stephanie, If he wasn t there to contest the judgment then yes they can. You may want to look and try to vacate the judgment. The first thing you should be before preparing a motion to vacate is to look up your state s rules of civil procedure. It...
Collections Law: Arbitration Hearing Please Help!, providian credit card, calvary portfolio services
providian credit card, calvary portfolio services, statue of limitations: annette, I m truly sorry that you felt that my answers to your questions were not helpful. Let s see if I can do better. My questions are: 1) Can I file more evidence with the court to further state my case or can I just bring it with me to the hearing?...
Collections Law: automobile loan default, automobile loan, loan default
automobile loan, loan default, one fine day: Well, if I were in that circumstance I just might stop and think about what would happen if I were to park the car out on the curb for a few weeks. It just might turn up missing one fine day and of course I wouldn t know what happened. In the unlikely event...
Collections Law: Bad Debt Haunting Card Signator, family tension, claims suit
family tension, claims suit, home improvement store: Since he was just an authorized signer he is not responsible for the debt. He may file a complaint with the Federal Trade Commission. Once a complaint is filed the Credit bureaus will change their tune and are likely to do what they are required to do. If...
Collections Law: Breach of contract, google groups, bill bauer
google groups, bill bauer, point cards: call me and I will go through the questionaire and help you give the best answers possible without revealing any more than is absolutely necessary. Those things are usually loaded with trick questions. No charge or obligation for the call. Glad to help where...
Collections Law: basement, basement walls, restoration program
basement walls, restoration program, arbitrator: Kelly, Check with your local government to see if they have some sort of restoration program. You ll be surprised on what you ll find. Second, if you just want out of the home, contact an agent and inquire about short selling the house. Sincerely,...
Collections Law: broke lease/ rent credit texas, renter info, landlord association
renter info, landlord association, renters list: In most cases a lease may be broke if the renter gets a job more than 50 miles away and has to move to take the job. I am not familiar with the bad renters list but a landlord can turn an account over to a collection agency or file suit which will show up...
Collections Law: Calvary Portfolio, portfolio question, legal recourse
portfolio question, legal recourse, michael moore: Ann, The amount is in proper suit range. Since you sent the C&D letter it may be their only course of action to recover this amount. If you would like our assistance please contact me. Michael Moore Sr. Arbitrator Ontrack Financial Group...
Collections Law: Calvary Portfolio Services, LLC, cavalry portfolio services, cavalry portfolio services llc
cavalry portfolio services, cavalry portfolio services llc, calvary portfolio services: They are not wasting your time nor the court s time if you don t respond to the summons and complaint in a proper manner because they will get a judgment and then you will have lost your opportunity to plead the defenses you have available to you. How...
Collections Law: Cambece Law Firm collections, Cambece Law Firm, debt collectors
Cambece Law Firm, debt collectors, creditwrench confenrence calls: Cambece Law Firm ranks high on anyone s list of the worst collection agencies. They can do any one of many bad things to people trying to do the right thing and are not to be trusted for anything. They can and often do file lawsuits against people who have...
Collections Law: Car Reported Stolen, vehicle contracts, breathing room
vehicle contracts, breathing room, arbitrator: Pablo, 1. They can not report the car as stolen. 2. If you need a deferment, it s up to the lender to allow an extra month be tacked on the end of a loan. 3. As stated in all vehicle contracts that are financed, the vehicle has to have full coverage....
Collections Law: Car reposession, true rights, careful record
true rights, careful record, primrose path: None of those are violations of law if you live in what is known as a self help state such as Oklahoma. Since the repo already happened you will have to wait until they start trying to collect from you before you can start getting pro-active. There...
Collections Law: Case was Dismiss with prejudice, maricopa county courts, maricopa county justice court
maricopa county courts, maricopa county justice court, fdcpa violations: 1.I have no significant knowledge of this account, therefore I’m disputing it. Please validation with documents and evidence. _______________________ It makes absolutely no difference what knowledge you have of an account. It is what the debt collector...
Collections Law: Charged-Off Accounts and Debt Reporting, chargeoff, collection efforts
chargeoff, collection efforts, time and trouble: Depends on which statute of limitations you are asking about but it appears that you are asking about the SOL for credit reporting purposes which is 7 years plus 180 days from the date of chargeoff. Selling the debt to another entity does not restart the SOL....
Collections Law: Chase Attorney's, chase credit card, ford credit
chase credit card, ford credit, set payments: Desperate and stressed? Why not learn how to fight back and give them more grief than they are giving you? You say your credit is shot? Then learn how to fix it and get paid for doing it. You don t have any assests and little income? Then let those who are...
Collections Law: Citibank Lawsuit, richard cornforth, crackpot ideas
richard cornforth, crackpot ideas, legal researcher: First of all, I ve just started a new egroup on Google. I m going to post all the questions and answers to the group after I answer each one. That way people who wish to keep up with my answers can do so easily. The group will act as a newsletter that will...
Collections Law: Civil Suit from Collection agency Chase Credit Card, mail return receipt, chase credit card
mail return receipt, chase credit card, careful record: You must be making about $3000 a month in order for them to take $750 of it via garnishment. Quite frankly I don t understand how someone can live in California and only be making $3000 a month with the living expenses what they are out there. Of course, if...
Collections Law: Civil Summons, civil summons, credit card accounts
civil summons, credit card accounts, credit card application: All I can say is that if he has been served with a summons he must go to court and argue the case. If he is that old and can t speak English very well the judge or the plaintiff s lawyer should see that there is little likelihood that he could be the proper...
Collections Law: Civil summons on credit card debt., civil summons, high interest rates
civil summons, high interest rates, bill bauer: In far too many courts they don t have to prove anything at all to get a judgment. They ask for it and it is automatically granted. That is mostly because defendants don t even show up for court so they get a default judgment. Even when people do show up they...
Collections Law: COLLECTION AGENCY, federal lawsuit, validation
federal lawsuit, validation, disability: I keep getting this same question over and over again. The answer is always the same. The only way to get them to stop it is to force them to stop through a federal lawsuit. Don t tell them how old it is. Send them a demand for validation and dispute the debt....
Collections Law: Collecting after Collection, direct payments, collection agencies
direct payments, collection agencies, dental office: This depends on your contract with the collection agency. I would say yes in most cases unless the contract prohibits this. Most collection agencies don t get paid unless they collect something so they can be kind of sticky in this area. Check your contract...
Collections Law: Collecting money owed to small business, small claims court, friendly reminder
small claims court, friendly reminder, discernment: DO you have the parents sign a contract? If so, you can enforce your contract through small claims court. But before doing this set up a series of letters designed to remind the client of their obligation from a friendly reminder to the final collection notice....
Collections Law: Collection Call, mail return receipt, certified mail
mail return receipt, certified mail, phone conversations: Will you be OK? I suppose that depends on what you call OK and you didn t give me any specifics to go by. Personally I would almost never call a debt collector because the chances are that it might take them quite a while to get back to you and demand...
Collections Law: Collection harrasment., consolidation loan, check money
consolidation loan, check money, creditor: You will need to provide proof the debt was paid to the original creditor. Did you pay by check, money order, or were checks cut by the lender when the loan was made. If this is the case contact the lender or the closing agent and ask for copies of the cancelled...
Collections Law: Collection Law, mail return receipt, debt collection practices
mail return receipt, debt collection practices, state medical association: Yes, you do have recourse and it lies in the Fair Debt Collection Practices Act. Your first step should be to demand validation of the debt and to dispute the debt all in one letter sent to the debt collector via certified mail return receipt requested. ...
Collections Law: Collections and cease and desist letters, digital voice recorder, certified mail
digital voice recorder, certified mail, accurate transcript: The only way you will get any relief is to sue them in federal court. You seemingly have lots of violations to use for causes of action. You do need to have kept a careful track of their calls. Time, date, number they called from and if you spoke to them a...
Collections Law: Collections Law, google groups, irs 1040
google groups, irs 1040, bill bauer: Well, I m not a tax expert by any stretch of the imagination but I do know a little about this to give you an answer. When a creditor files a 1099-c they have to list the interest and penalties separately from the principal amount charged off. IRS only...
Collections Law: Collector sues my daughter for a medical bill, medical bill, debt collector
medical bill, debt collector, law degree: What are her rights? In a way that depends on whose ox is getting gored. As far as the debt collector is concerned the only right she has is the right to pay up before they file a lawsuit on her. Of course, neither you nor her nor the law sees things...
Collections Law: Confused in CA about garnished wages, garnished wages, first resolution
garnished wages, first resolution, letter states: You will probably have to get a court order for any kind of exemption and that isn t going to get done in any two days. What basis do you have upon which to ask the court for an exemption? That is where we will have to start. You must have a valid reason....
Collections Law: Court Summons from Debt Collector, mail return receipt, court summons
mail return receipt, court summons, bill bauer: I can t help you with bankruptcy and wouldn t even if I could because bankruptcy is a mess you don t even want to think about. You can t afford it in the first place according to what you have posted. It is a long, long way from being free or even a good option...
Collections Law: Court Summons on debt, lump sum settlement, court summons
lump sum settlement, court summons, demand proof: You may request validation as part of your answer but would need to dispute the debt and show a valid defense against the creditor. It would be valid to dispute the amount of the debt and demand proof of what you owe. You may delay the judgment but if it is...
Collections Law: Credit Card, arbitrator, financial group
arbitrator, financial group, 4th of july: Steve, At times when making a payment online if the payment wasn t processed they may charge a late fee. call the bank and request the late fee removed from your account. If this was the only time you were late it won t be a problem. Good Luck ...
Collections Law: Credit Card Debt, debt collection practices, federal student loans
debt collection practices, federal student loans, fair debt collection practices: What do I recommend that you do at this point? Just what you do each school day. Study and learn. Yes, I know that you probably already have a huge load of study to do as a result of your college courses and probably figure you don t have the time to do any...
Collections Law: Credit card Fraud, credit card fraud, going to jail
credit card fraud, going to jail, debt collectors: Im sure you don t want your sister going to jail over this. I m sure that would cause a terrible rift between you and all the members of your family even if you didn t care anything about her and I m quite sure you love your sister dearly no matter what she...
Collections Law: Credit card law suit, debt collection company, debt collection agency
debt collection company, debt collection agency, capital one: It looks to me like you are dealing with a debt collection agency that has bought OUT OF STATUTE PAPER. What that means is that some collection agency or attorney has purchased your original debt that was due in a bulk sale called a portfolio. Most of...
Collections Law: car finance/ title loan question, unsecured personal loan, loan question
unsecured personal loan, loan question, bank finance: Kendra, They are allowed to recall the loan after the contract was broken (missed or missing payments). The vehicle may not be of any value to them, hence requesting money in lieu of the car. We may be able to work out terms before it goes to court....
Collections Law: car repo and court, car repo, garnishment proceedings
car repo, garnishment proceedings, social security system: What state do you live in? Where does it say you can go to jail if you don t show up? Don t sound to me like that is a summons for default judgment. Sounds to me more like it is for an assets hearing. sounds to me like they already have a judgment...
Collections Law: no client at pretrial, canton municipal court, bill bauer
canton municipal court, bill bauer, magic bullets: I have no idea when they might refile it again or if they even will. One thing you want to remember is that the statute of limitations may or may not have tolled during the time that the case was in progress. I don t know what your state laws have to say about...
Collections Law: collection, mail return receipt, bill bauer
mail return receipt, bill bauer, certified mail: You are going to have to respond to the summons, of course. Both of you need to respond. I d use a graduated denial as my response if I were served with a summons and commplaint. If I were served with a summons and complaint I would prepare my graduated denial...
Collections Law: can a collection appear if they have never contacted me?, equifax credit report, mail forwarding
equifax credit report, mail forwarding, credit profile: AJ, You will have all 3 credit reports to deal with. Chances are you can contact the radiologist and explain your situation. They may instruct the agency to remove the account from your credit profile. If that doesn t work, send a certified letter...
Collections Law: collection summons., google groups, garnishing wages
google groups, garnishing wages, bill bauer: You have been served with a summons and complaint. Now it has suddenly become much more serious than just $300. You must file a response to the summons and complaint within the time alloted on the summons or they will get a default judgment and then will be...
Collections Law: collections, google groups, bill bauer
google groups, bill bauer, point cards: Yes it can and probably will happen sooner or later. You say that you are afraid that they still may try to sue you. If I were in your position where the statute of limitations has ran out on them I would be begging them to sue me. I recently had a...
Collections Law: collections agency, digital voice recorder, collections agency
digital voice recorder, collections agency, thumb drive: Will they turn this over to an attorney? I can t answer what they will do. Only they know the answer to that one and they probably won t tell you the truth even if you did ask them. What do you do about the courts if they do turn it over to an attorney?...
Collections Law: collections agency, sears card, collections agency
sears card, collections agency, bankruptcy court: Well then not to worry. First thing to do is send them a validation/dispute letter. Second thing to do is contact the bankruptcy court and complain to them that this company is trying to collect on a debt that was discharged in bankruptcy and see if the...
Collections Law: collections law, cause motion, show cause hearing
cause motion, show cause hearing, exact language: Fred, Your going to have to vacate the judgment. The first thing you should be before preparing a motion to vacate is to look up your state s rules of civil procedure. It should spell out exactly what you need to do to file a motion. It will also...
Collections Law: collections on medical bill, health insurance company, sad day in america
health insurance company, sad day in america, collections agency: I picked up this question out of the pool and will try to help. You do not say what state you are from but, very few states allow a collection agency to add a collection fee. The contract creating the debt must allow it and state law must allow it or be...
Collections Law: collections on medical bill, health insurance company, sad day in america
health insurance company, sad day in america, collections agency: They really don t have much to worry about. Their ss checks cannot be garnished for any reason by anybody except the U.S. Government. Tell them that and that they should not even worry about it. On the other hand, while it may be illegal for anyone to...
Collections Law: collectios/ judgement, certified mail, cause motion
certified mail, cause motion, court reference: The first thing you should be before preparing a motion to vacate is to look up your state s rules of civil procedure. It should spell out exactly what you need to do to file a motion. It will also tell you what reasons are valid, and may include the...
Collections Law: cosighn default, cosigner, responsible party
cosigner, responsible party, tittle: James, It s a tough situation your in. Check your states laws about holding the title on a car. If the title reads James and daughter in law she may also have the same rights to the car. As a cosigner you re the responsible party for situations...
Collections Law: credit bureaus, credit bureaus, chester pa
credit bureaus, chester pa, financial group: Clifford, It s pretty simple. Send them a certified letter requesting deletion due to Sol running out. Remember to send certified and to send to all 3 agencies. Equifax P.O. Box 740241 Atlanta, GA 30374 Experian 1-800-685-1111 P.O. Box 2002...
Collections Law: credit card debt, ssi disability, certified mail
ssi disability, certified mail, credit card debt: Seems to me that the debt has to be outside the statute of limitations. You need to respond to the summons if you have not done that and you also need to respond to those interrogatories within the time allotted to you. I can t give you definitive answers...
Collections Law: credit card debt, fdcpa laws, pennsylvania consumers
fdcpa laws, pennsylvania consumers, bronson migliaccio: Gale, It s a collection agency doing business as a law firm in Williamsville NY. Funny enough they are located in the same business park we re in. Side note: Every collection agency will have negative remarks made about them. They are trying to...
Collections Law: credit card debt blitt and gaines illinois, judgement by default, arbitration award
judgement by default, arbitration award, blitt and gaines: Gary, If they levy the account they could tap everything you have and place it towards the debt. It will take some time before that happens You ll probably end up going to court and the judge will asked to place you on a payment plan. Good...
Collections Law: credit cards, credit card debts, debt collectors
credit card debts, debt collectors, financial group: Eduardo, We re sorry about the situation you in. The debt collectors will try and continue to contact you while your in Peru. They can place a lien on the house if the credit card debts aren t paid. The worst thing you can do is to run from this...
Collections Law: Dead breat spouse debt, bill bauer, wisdom teeth
bill bauer, wisdom teeth, enrollment time: OK then that is good for you. What you need to do is to send a demand for validation and dispute of the debt. You need to send it certified mail, return receipt requested. That stops them from moving on with collection activity until such time as they provide...
Collections Law: Debt Collecctions lawsuit, javitch block rathbone, sarah ritz
javitch block rathbone, sarah ritz, ohio statute of limitations: Well, first thing I look for is the statement that those emails come from a debt collector and I see they forgot that little gem. Two causes of action against them in federal court right there. I m sure that is not their first violations and I m about equally...
Collections Law: Debt collection, debt collector, arbitrator
debt collector, arbitrator, financial group: Mira, Yes you are still responsible for the debt. The steps could be many. the length could be short or a longer duration of time. How much is the debt? Sincerely, Ontrack Financial Group Senior Consumer Credit Arbitrator Michael Moore ...
Collections Law: Debt collection practices, debt collection practices, digital voice recorder
debt collection practices, digital voice recorder, lump sum payment: You have no recourse at all so long as you are trying to cooperate with them. They take your good efforts as a sign of weakness and much like a barking dog which will become much more aggressive if you show fear. You need to learn to defend yourself against...
Collections Law: Debt collection threats, pay day loan, oklahoma city chapter
pay day loan, oklahoma city chapter, collection threats: I ve called you and left you a voice message. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING http://www.shrinkmylink.com/hhlqson FDCPA EXPERT www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html http://shrinkmylink.com/kmlqson...
Collections Law: Debt collectors & credit reporting, google groups, bill bauer
google groups, bill bauer, point cards: You should be keeping a careful written history of all that has transpired so you can sue them in federal court sooner or later. You should probably get a recording system on your phone so you can record the messages they leave. I see you have several causes...
Collections Law: Do I just Default?, bankruptcy courts, viable defense
bankruptcy courts, viable defense, decent job: When it comes to debt related problems lawyers are most often a waste of money if you can even find one willing to take your case. Here is why. First and maybe foremost is that debtors normally don t have a viable defense and lawyers don t like to take cases...
Collections Law: Defaulting on credit cards, credit crunch, credit card payments
credit crunch, credit card payments, real estate investment: Michael, The consequences are becoming higher and higher. With the current credit crunch, creditors have become even more aggressive as they turn to delinquent accounts to help shore up cash reserves. It may take time for a something to happen, but...
Collections Law: Deficiency on volunteer surrender, gap coverage, gap insurance
gap coverage, gap insurance, voluntary surrender: You are asking me a range of questions but I can t tell you a thing about the insurance stuff. I can tell you that your friend s situation is entirely different than yours because your friend is dealing with a leased vehicle deal and you are not. I don t know...
Collections Law: Drive Financial Harrasment, harassed by my auto loan company
harassed by my auto loan company: Jason, Good afternoon. To answer your question is the auto loan company contacting you or is it a collection agency? If it s the auto loan company they can contact you 100 times a day requesting payment. Unless they are using a different name to contact...
Collections Law: in debt and ......., Ontrack Financial Group Consumer Credit Arbitration
Ontrack Financial Group Consumer Credit Arbitration: Hello AL, It s understandably hard and the emotions you re facing are tearing you apart. You have to take care of yourself and eat properly before most bills are paid. Creditors can t touch your SSI, however they found a loophole by obtaining a judgment...
Collections Law: debt collection, payday loan company, republic of malta
payday loan company, republic of malta, law collections: Pam, I agree with Robert. 1.Contact your states banking department and advised them of the situation. 2.Send them a letter stating not to contact you. If a debt collection company is calling from a different country they still have to follow...
Collections Law: debt collection and estates, debt collection and estates
debt collection and estates: Fred, The credit card company will first try to collect from the estate (assets will be sold to pay the bills). Then, if the account was a joint account, any survivors will be left holding the bag. If the debt belonged solely to the deceased, then the...
Collections Law: debt collection - I will put it in a outline form, maricopa county justice court, civil summons
maricopa county justice court, civil summons, debt collection agency: The amount you can sue for depends on many factors. Far too many to even begin to estimate. I have one student who is averaging about $5,000 per case in damage awards as a for instance but he never sues for a specific amount. He just lets that come out in...
Collections Law: debt collection third party, payday loan companies, payday loan company
payday loan companies, payday loan company, google groups: Now you knnow why I always recommend that people get themselves a good digital voice recorder and use it to record phone calls and many other things. I even use a very small digital camcorder. It is no bigger than what is known as a thumb drive or a jump drive....
Collections Law: debt collector, statue of limitations, debt collector
statue of limitations, debt collector, student loans: The statue of limitations are over. Tell them to take a hike. Write them a letter advising them not to contact you, and any negative information placed on your credit report will force you to take action. Send it certified mail. Good Luck Ontrack...
Collections Law: debt elimination, federal court docket, federal court case
federal court docket, federal court case, docket system: Give me a call and I ll show you how to do it the right way and it will cost you less than $1000.00 including all miscellaneous small expenses and on top of that I ll show you how you get paid far more than that in return and I m not talking peanuts. I m talking...
Collections Law: debt management, debt management program, default judgment
debt management program, default judgment, summons: The fact of the debt management program and your participation in such scams won t make a lick of difference in court. Basically, you have been paying your money for nothing. The court won t cut you any slack because of it. You must respond to the summons...
Collections Law: defaut judgement, liability insurance policy, default judgement
liability insurance policy, default judgement, new years eve: Visla, I can t believe people in the world will commit fraud such as this. By not going to the arbitration hearing you allowed them to win in default. Making the situation worse. Your have the right to keep some of your land and personal...
Collections Law: the doctor's office, doctors office, doctor office
doctors office, doctor office, business practice: Angela, The Dr. office can place the account in collections, add the additional fee, and justify the charges. While it s bad business practice ( you will probably never use their service again ) they are recovering the 30% the collection agency is charging...
Collections Law: Foreclosure/ CC Debt, hurricane katrina, carlisle carlisle
hurricane katrina, carlisle carlisle, carson city nv: Carlisle, Wow you are going through(have gone through)so much! We admire your strength! Wells Fargo will offer a better settlement they may even take payments on the settlement. Even though the credit card companies have reduced the payment...
Collections Law: Foreclosure after chapter 7 discharge, mortgage included, contempt of court, default judgment
contempt of court, default judgment, bankruptcy case: Just a formality? I ll believe that when I see pigs flying by flapping their ears. Yes, they will get a judgment and you will be stuck and yes, you should respond to the summons. But you should also go see the referee in your bankruptcy case and see if the...
Collections Law: automobile loan default, tow companies, lien holders
Collections Law: automobile loan default, tow companies, lien holders, tow company
Collections Law: Calvary Portfolio Services, LLC, void ab initio, bankruptcy forum
Collections Law: Calvary Portfolio Services, LLC, void ab initio, bankruptcy forum, certified mail
Collections Law: Chase Attorney's, bank of america, hubby
Collections Law: Chase Attorney's, bank of america, hubby, 3 years
Collections Law: Citibank Lawsuit, motion in limine, generation copies
Collections Law: Citibank Lawsuit, motion in limine, generation copies, rules of evidence
Collections Law: Debt Collecctions lawsuit, initial demand, demand letter
Collections Law: Debt Collecctions lawsuit, initial demand, demand letter, exact requirements
Collections Law: Deficiency on volunteer surrender, gap insurance, repossession
Collections Law: Deficiency on volunteer surrender, gap insurance, repossession, deficiencies
Collections Law: debt elimination, mediation services, sooo
Collections Law: debt elimination, mediation services, sooo, debt consolidation company
Collections Law: NCO Financial Services, dave ramsey, fast talkers
Collections Law: NCO Financial Services, dave ramsey, fast talkers, lein
Collections Law: Please Help, debt accounts, fianlly
Collections Law: Please Help, debt accounts, fianlly, bofa
Collections Law: getting proof of payment, judgment, satisfaction
Collections Law: getting proof of payment, judgment, satisfaction, court clerk
Collections Law: out of state judgement, registered mail, certified mail
Collections Law: out of state judgement, registered mail, certified mail, investion
Collections Law: forecloser, head of household, florida law
head of household, florida law, bank accounts: You can be liable for the balance but they usually don t bother trying to collect it. If they did they must do so within a very short period of time or it is outlawed. How could they collect? All I can tell you about that is that if you are the head of household...
Collections Law: foreclosures and 1099's, non recourse loans, irs gov
non recourse loans, irs gov, irs rules: Hi Carrie, This depends on whether they intend on collecting or forgiving the deficiency balance. If they forgive the debt, yes, they can expect a 1099. If they intend on pursuing collection they will not send the 1099. In some states they must determine...
Collections Law: fradulent debt - eskanos and adler threatening to sue, eskanos and adler, transaction histories
eskanos and adler, transaction histories, dell inc: California Stat is 4 years. So you should be begging them to sue you so you can file an out of stat defense then sue them in federal court for misrepresenting the legal status of the debt. They will end up begging you to go away and even wanting to know what...
Collections Law: Garnish my paycheck?!, statute of limitations, time fee
statute of limitations, time fee, paycheck: Can he garnish your paychecks? He can if he gets a judgment first then gets a garnishment order. You want help? I really can t give you the kind of help you would probably like me to give you. Or at least what I suspect you would really like me to do which...
Collections Law: Garnish Wages, google groups, garnish wages
google groups, garnish wages, bill bauer: The question(s) are how did it happen that you got a judgment against you and you didn t even get a summons? Or did you and just ignored it? That is about the first question you should be asking and you need to go to the clerk of the court in your county...
Collections Law: Garnishment, interest rate reduction, means test
interest rate reduction, means test, mortgage payment: Hi Travis, No, the creditor cannot garnishee your disability. And it probably wouldn t get to that point anyway. If you cannot afford your mortgage you may be able to get an interest rate reduction that could reduce payments. You will need to go through the...
Collections Law: Garnisment, retail job, garnishment
retail job, garnishment, garnishments: You may appeal to the judge and ask that they suspend the garnishment for a period of time or release it altogether. You will need to write a letter to the judge and ask for a hearing, then present your case as you did here. You may also file bankruptcy...
Collections Law: Haunting Debt, state farm bank, follow up letter
state farm bank, follow up letter, guarantor: First thing you need to learn is what FDCPA will let you demand of them. I don t think you can find anything in there that says they have to provide you with a copy of any agreements. I also doubt that you can find any other law that says the debt isn t valid...
Collections Law: Help! I'm being sued over unpaid medical bills, mail return receipt, unpaid medical bills
mail return receipt, unpaid medical bills, certified mail: First of all send a demand for validation to the attorney certified mail return receipt requested. Then prepare your response to the court, and a certificate of mailing and your interrogatories, admissions and demand for production of documents, file the response...
Collections Law: help with bank of america, first thing monday morning, credit counsling
first thing monday morning, credit counsling, husbands name: What is your first step? Quit worrying about that which you can do nothing about. Forget about wanting to make it right with them and start worrying about whether or not they are violating your rights under the law. So they will see you in court, according...
Collections Law: Indiana Debt Collection Statute of Limitation, Statute of limitations, SOL
Statute of limitations, SOL: Yes. Please refer to my link for statute of limitations below. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING http://www.shrinkmylink.com/hhlqson FDCPA EXPERT www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html...
Collections Law: Judgement against credit, defaulted credit card, arbitrator
defaulted credit card, arbitrator, lump sum: Shannon, It sounds like your in a little over your head. Your doing the best you can do with 2 small children. I commend you! Contact me so we can speak about this current situation. We ll go over the details privately. Michael Moore Sr. Arbitrator...
Collections Law: Judgement w/ other debt, paycheck to paycheck, medical situations
paycheck to paycheck, medical situations, living paycheck to paycheck: Alisha, We can assist you with this judgment. We ll handle the phone calls and letters. While you place yourself in a better position. Contact me at the email below to discuss this further. Sincerely, Michael Moore Ontrack Financial Group...
Collections Law: Judgment, alternate service, filing a motion
alternate service, filing a motion, debt collectors: Nikole, It looks like the credit bureau or the law firm didn t update the account balance. Depending on the state you reside they may only have to serve you via newspaper, or by filing a motion for alternate service. A judgment will accumulate...
Collections Law: Judgment against my wife and I before we got married, default judgment, emergency appendectomy
default judgment, emergency appendectomy, marriage certificate: Maybe, maybe not. The better argument is to file a lawsuit against the debt collector lawyer for wrongful joinder to the lawsuit and let him prove that you should not have been named on that judgment. You married the woman but you didn t marry her debts...
Collections Law: judgement, google groups, bill bauer
google groups, bill bauer, point cards: I can t really answer your questions here because they take personal investigation by you. The only way to get the answer to your first question is to go to the clerk of the court and ask them if you can respond or not. My guess is that it is far too late...
Collections Law: judgement after statue of limitations had expired, direct merchants bank, credit card debt
direct merchants bank, credit card debt, statue of limitations: Sounds to me like you have quite an injustice to deal with here. These kinds of things can be extremely difficult to figure out what one should do because there are at least two possible remedies that I can think of. One of those is to file a motion to vacate...
Collections Law: judgment, google groups, bill bauer
google groups, bill bauer, point cards: He sure can if you don t stand up and fight. For instance, you say the judgment was filed against you in 2002. What state do you live in? Go to http://www.lawdog.com and look up the statute of limitations for collection of judgments in your state. If there...
Collections Law: judgment filed against me, kind of motion, judge rules
kind of motion, judge rules, credible evidence: The lawyer is probably telling you the truth. On the other hand telling you that if the judge does not set it aside you will have to pay the judgment is a nice convenient way out for the lawyer. He might argue the wrong thing and the judge rules against him...
Collections Law: Late ex-wifes debts, google groups, bill bauer
google groups, bill bauer, point cards: They have to sue you in the county in which you live. If you get sued for a consumer debt in any place outside your county you can get it dismissed or transferred to your county. Bill Bauer 405-684-9297 405-227-9423 Make money using this search engine...
Collections Law: Lawsuit Midland Collection, bill bauer, credit card debt
bill bauer, credit card debt, oral agreement: Yes, I may be able to help you. I m not an attorney and I can t give you legal advice but I can show you how to respond properly. You don t need an attorney as my courses teach you all that you need to know to get the job done. The link below, How Creditwrench...
Collections Law: Lawyer demanding high payments, google groups, bill bauer
google groups, bill bauer, civil lawyer: With friends like that who needs enemies? (LOL) Can they force you to pay them based on an oral agreement? While it is much more difficult to get a judgment on an oral agreement it can be done and since the plaintiff would be a lawyer it is going to be...
Collections Law: Lawyer filed suit but never served me., scare tactic, casenet com missouri
scare tactic, casenet com missouri, advant: You need to actually race down to the courthouse and ask to see the case file then ask for court certified copies time stamped by the clerk of the court. Yes, that will cost you quite a bit more than just getting plain old copies. Probably will cost you at...
Collections Law: Letter Critique, cashiers check, letter thanks
cashiers check, letter thanks, cashing money order: Trace, Your going about it the wrong way. This tactic has a success rate of .02 . Where did you get this form letter? Creditors and or the outside agency will notate your account that a letter was received and will not agree to the terms. ...
Collections Law: leaving the country, worse case, mortgage payments
worse case, mortgage payments, judgment: Although I believe they can pursue collection in other countries it is not likely unless the debt is a large amount. And even if they decide to pursue a judgment this doesn t mean they will get anything. The bottom line is they cannot get what you do not have....
Collections Law: legal papers, default judgment, silly games
default judgment, silly games, job: No, you don t have to accept them but it won t make any difference whether you accept them or not. The sheriff will serve you however he has to get the job done. If you refuse to accept them he will just put them in your door or somewhere on your property...
Collections Law: letter from a law office, state laws, e mail
state laws, e mail, circumstances: Do they have to be in the same state? No, not to send you an email. They don t have to be in the same state to take action against you if they are a member of the bar in your state as well. If they are not a member of your state s bar association they would...
Collections Law: MEDICAL COLLECITION, mail return receipt, certified mail
mail return receipt, certified mail, medical bill: Normally they cannot just arbitrarily add that kind of interest. First it must fall within the state usury limits which is usually around 25-35% per year. And unless it specifically states they can charge legal and collection fees they cannot add any other...
Collections Law: Medical Bill Collections, bill collections, touchy issue
bill collections, touchy issue, medical bill: I am afraid this is not accurate. If the creditor decides they cannot collect their money they may assign or sell the account to a third party for collection at any time. However, it does seem to be a touchy issue which requires more thought. With privacy...
Collections Law: Midland Credit management, contempt of court, return receipt
contempt of court, return receipt, furnisher: There are several lines of defense to this type of situation. The first is to be able to prove that the debt was discharged in BK and when. Then complain to the bankruptcy court itself to see if they will do anything to help you out. They very well might do...
Collections Law: Money owed to me, bankruptcy code section, antique appraiser
bankruptcy code section, antique appraiser, filing bankruptcy: RICHARD, Go to the 341 hearing and file a claim. Bring up the fact this person transferred property to his wife prior to the bankruptcy. In a bankruptcy context, the problem arises under several sections of the bankruptcy code: section 727, which...
Collections Law: Multiple agency's. after me I dont know what to do., careful record, false and misleading information
careful record, false and misleading information, loose interest: Yes, I go through all of that in one of the links above and yes, I realize that there is a mountain of reading to do in those links so I will answer your question directly. First of all, yes, as part of your creditwrench course you do get a standard validation...
Collections Law: medical bill payments, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: Do whatever you can do. Best if you just pay them and be done with it. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING http://www.shrinkmylink.com/hhlqson FDCPA EXPERT www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html...
Collections Law: money judgement, money judgement, mary baldwin
money judgement, mary baldwin, chrysler dealership: Mary, Thank you for your question. Yes the judgment will have to be paid. The firm filed for the portion that was still owed on the lease. If the company already filed for judgment then the next step is for them to enforce it. How much is the...
Collections Law: one month behind, service type businesses, credit card bills
service type businesses, credit card bills, s real estate: Your plans sound very rational and well laid. Looks like you have it all figured out as to what is the best thing to do but I don t think I can agree that they are the best course of action you could choose for you and your family. As you now know it wasn...
Collections Law: motion to vacate a stipulation of judgement, collection attorneys, voice mail
collection attorneys, voice mail, collection attorney: John, Thank you for your patience. I ll make it brief. Yes the order by the courts would be for a judgment rendered against you. You can request a payment plan from the courts however it s up to the courts if it will be granted. The attorney...
Collections Law: NAF Award, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, arbitration forum: You can t counter until they try to take it to your local court and attempt to reduce it to a judgment. Then you will have to respond to the summons. Best you start learning how to do that now. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING...
Collections Law: NCO Financial Services, wage garnishments, nco financial services
wage garnishments, nco financial services, desprate: Of course not. They can do what they say they will do. Best you start learning how to defend against them now. The first thing you need to learn is that the best defense is a strong offense. You can t hope to beat them unless you come up with a strong offense....
Collections Law: Notice to appear, debt request, pretrial conference
debt request, pretrial conference, correct address: If you sent a validation letter according to FDCPA they must reply. If they did not you need to ask the courts to dismiss the case as they did not follow due process and violated FDCPA. They may re-file but this could allow you to work things out before this...
Collections Law: notice of hearing on claim exemption, contempt of court, credit card debt
contempt of court, credit card debt, harrassment: I can t offer you much in the way of advice on that type of situation except to say that you must appear or they will find you in contempt of court and put out a warrant for your arrest and put you in jail until the next appearance date then physically take...
Collections Law: Old Debt and Pending Lawsuit, clout visa, credit decisions
clout visa, credit decisions, payment arrangement: Yes. Read http://www.creditwrench.com/default.html and the links below and you will know exactly what you have to do to make this all go away and get paid for doing it. I know that sounds too good to be true or like maybe it could be a scam of some kind...
Collections Law: Payday Loans, storefront companies, social security disability
storefront companies, social security disability, kansas city kansas: They can t get to your disability or pension checks. Don t close any bank accounts and keep just a little bit in them. Five or 10 bucks and that is all. Better to have the bank close them than you close them. No, the law probably won t come after you for...
Collections Law: Payday Loans, storefront companies, social security disability
storefront companies, social security disability, kansas city kansas: First, unless the lender can prove intentional fraud you cannot be prosecuted for a bad check on a payday loan, even on a closed account. I can tell you that the prosecutors do not want to become the collection dept. for the payday loan industry in that state....
Collections Law: Payday loans, payday loan company, oklahoma city chapter
payday loan company, oklahoma city chapter, bill bauer: NO. District prosecutors won t take a complaint from a payday loan company because they knew that you had no funds in the bank when you wrote the check. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING http://www.shrinkmylink.com/hhlqson...
Collections Law: Paying off several closed credit cards at once...and how it will affect my credit score, score increase, two and a half years
score increase, two and a half years, credit score: Pearl, Actually it s the other way around. If you pay the account in full it will reflect paid collections. If you settle a debt it will reflect satisfied. If you pay the balance she gets a better commission. If you settle she doesn t! Sincerely,...
Collections Law: Plaintiff sending me Interrogatories,production,and admissions, credit beauru, bill of particulars
credit beauru, bill of particulars, discovery requests: What do you mean by you don t have 30 days to answer? Of course you do. But the question of much greater importance is whether or not the plaintiff answered your discovery requests? Did they? If not then at the end of the 30 days you need to file a motion...
Collections Law: Please Help I'm being Suied, certified mail, attorneys office
certified mail, attorneys office, statue of limitation: Frenchie, If you have the means to pay this debt, and the debt is still under SOL then request a pay off. If you can t then contact the courts and arrange for this to be done over the phone. We may be able to come to terms with the law office...
Collections Law: Please Help, creditor, job
creditor, job, credit limit: I would need more information. I Googled WebBank and got several options. I need to narrow it down some. You should have received some type of written notice from them. If not I wouldn t make any type of deal with them. You need to validate the debt first....
Collections Law: pay day loans, payday loan company, pay day loan
payday loan company, pay day loan, day loans: Mary, If the payday loan company has not hired an outside firm they can contact your place of employment. However it s harassing to threaten you. What day did they deposit the check on? We need to see a copy of the letter, can you fax it? 888-487-1244...
Collections Law: paying debtor instead of collection agency, debt collector, safe side
debt collector, safe side, debtor: First of all the doctor is not the debtor. You are. The doctor is your creditor and the collection agency is a 3rd party debt collector. There now, there is your first lesson free of charge! (LOL) How hard was that to learn? (LOL) Now then, can the...
Collections Law: No proof of bill from collections, certified mail, dallas hospital
certified mail, dallas hospital, michael moore: Elizabeth, When you were admitted into the hospital you signed a contract called conditions of admissions. On this contract you became liable to the hospital. What you were told is true in part. You have 30 days to request the debt validated from...
Collections Law: getting proof of payment, hayt hayt and landau, return reciept
hayt hayt and landau, return reciept, mail return: I d simply demand a payoff balance as of the date of the letter. Send that certified and if they don t provide it then it seems likely that you would have a cause of action against them in federal court. If that don t do it then we can probably figure out...
Collections Law: Received Summons, but no complaint...., court summons, street bum
court summons, street bum, debt portfolios: Get around giving your new address to the atty and defendant? First of all you are the defendant. Next, why would you want to get around giving them you new address in the first place? You want them to have your new address and even if you didn t want them...
Collections Law: Responsibility for spouse's med bills, legal reason, sticky issue
legal reason, sticky issue, good relationship: This could be a sticky issue since you are still under their care. They could refuse you service if you don t pay your husbands bill. I cannot quote specific case law in this matter but it would seem irrelevant in this case, They could refuse you service just...
Collections Law: Returning Reported Item, estoppel letter, collections agency
estoppel letter, collections agency, credit card debt: They can buy the old debt and they can report it to the credit bureaus but if they do then they have illegally re-aged the listing. You could sue them in federal court for that. So you received a letter from them and now the next step is not worrying about...
Collections Law: received entry of default due unpaid credit cards, high interest rates, bill bauer
high interest rates, bill bauer, single mom: You should not file for bankruptcy because it is expensive and it also wrecks your credit. Although you can get new credit relatively quickly it will be at very high interest rates. You must have a good income with a very high debt load in order to make it...
Collections Law: received summons, credit card bills, broome county
credit card bills, broome county, default judgment: It might but I have my doubts about that. Don t think that would cause a judge to dismiss the case because a judgment just says that you owe the money. It don t say you have to pay the debt. That comes later in the garnishment process. I d be willing to bet...
Collections Law: SOL car repo, state attorney general, personal possessions
state attorney general, personal possessions, car repo: The SOL does apply to the state in which the original deal was signed. If the SOL has expired then write the collection agency a certified letter advising them to cease and desist all collection activity or you will be filing a complaint with the FTC and the...
Collections Law: Statute of Limitations, statue of limitations, statute of limitations
statue of limitations, statute of limitations, government website: Anna, The Statue of Limitations in your state: Written, 10 years A 50% settlement is still to high. If you pay this account may be removed from your credit report in a year or 2. If you pay, it will re-age the account and remain on your credit...
Collections Law: Statute of limitations, oklahoma city chapter, bill bauer
oklahoma city chapter, bill bauer, beer stand: Check out the link below that says Statute of limitations for all states Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING http://www.shrinkmylink.com/hhlqson FDCPA EXPERT www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html...
Collections Law: Being Sued, FDCPA, summons
FDCPA, summons, judgment: Sounds to me like you may have goofed up royally. Here is why I say that. You say you are going into court to respond tomorrow. You should have filed a written response to the summons before going to court. Since it appears from your statements here that...
Collections Law: Sued by collecions agency, lump sum settlement, garnishments
lump sum settlement, garnishments, favorable terms: This depends on your state. Some states allow prejudgment garnishments or seizure of assets under certain circumstances. And in most states the creditor can seize or attach liens against assets after a judgment is rendered. You do not want to just ignore...
Collections Law: Sued by credit card company, bill bauer, google
bill bauer, google, statute of limitations: So you got served with a summons? I ve answered this same question so many times that it is unbelievable. Therefore I took the answer I gave to another person just a few hours ago and turned it into a web page on Google Docs so everybody who asks that question...
Collections Law: Suit by AMEX, arbitration mediation, amex card
arbitration mediation, amex card, old buddies: You already agreed to arbitration (mediation) and spent $450 to shoot yourself in the foot? That s really bad but I suppose you thought you could get a fair hearing that way. Mediation is not the way to get a fair hearing. Just what do you think a fair hearing...
Collections Law: Summons by First Resolution Investment to appear in Court, superior court of california riverside county, google groups
superior court of california riverside county, google groups, professional collections: If I were in your situation I think I would respond with a graduated denial, then follow that with the first 3 of my 5 discovery tools and a demand for validation of the debt. I d look for any affidavits in the court record and see if they were valid affidavits...
Collections Law: Summons On old dept, bill bauer, broken contract
bill bauer, broken contract, bofa: Yes, there is a link in the body of my first reply that goes through that as will as there being other links in my first reply that also shows how to do that. Just read the links. That s why I put them there. If you still can t understand it you need to become...
Collections Law: seiziing social security benefits, social security benefits, ssi benefits
social security benefits, ssi benefits, exempt companies: Lance, SSI benefits are exempt. Companies will work around this by placing a levy on an account after winning a judgment. Did a debt collector state they were taking SSI benefits? If so they broke multiple laws. If you need further assistance...
Collections Law: out of state judgement, default judgement, garnish wages
default judgement, garnish wages, mail notice: They will garnish your wages and maybe take property but that depends on the laws of whatever state you happen to live in when they catch up with you. You would be well advised to stay right there in Arizona because when they catch up to you in another...
Collections Law: sued for 10-year-old debt of $200, bill bauer, pennsylvania bank
bill bauer, pennsylvania bank, federal case: Yes, they can. What she needs to do is file a response to the court. This can be a motion to dismiss their case based on the fact of the debt is out of stat. She also has the right to file a federal case against them for misrepresenting the legal status...
Collections Law: being sued by credit card co, bill bauer, discovery documents
bill bauer, discovery documents, credit card debt: You really cannot the opinions of WhyChat or any other guru including myself or that of any lawyer or judge when it comes to what the law says. If one disagrees with opinions of others the best place to go is to the state Attorney General and ask for an official...
Collections Law: sued for credit debt, google groups, bill bauer
google groups, bill bauer, default judgment: The answers to this kind of problem are almost always the same. You are being sued so you must respond to the summons or they get a default judgment. Most of the time there isn t much use of being afraid of what they might do. That is pretty cut and dried...
Collections Law: summary judgment, credit card debt, summary judgment
credit card debt, summary judgment, automatic payments: Lori, It is possible for the company to request media from the original credit card company. We understand it s tough for you at this moment. If you would like our assistance you may contact us through our web site. Https://www.OntrackFinancialGroup.com...
Collections Law: TRYING TO COLLECT A DEBT THAT WAS CHARGED OFF BY THE CREDITOR, uncollected funds, finance company
uncollected funds, finance company, arbitrator: Kathleen, When an account has charged off it doesn t let the consumer off the hook. Now if the finance company sold the debt, the original dealership shouldn t be collecting unless they purchased the debt. (Whole different bag of worms.) Make...
Collections Law: Unable to pay unsecured debts, credit card debts, google groups
credit card debts, google groups, bill bauer: If you can t make it you can t make it. Don t do that which is impossible for you to do. The present state of the economy is going to make your situation even more untenable. As you know, both food and gas prices are escalating rapidly and inflation is nearly...
Collections Law: Verbal Agreement, verbal agreement, oral agreement
verbal agreement, oral agreement, telephone conversation: Problem is that this is not the type of debt that falls under consumer law. Since I m not a lawyer I don t think I can answer your questions in this matter. I guess you will just have to do whatever you think best or seek the help of an attorney. ...
Collections Law: WAGE GARNISHMENT AFTER FORECLOSURE, WAGE GARNISHMENT AFTER FORECLOSURE
WAGE GARNISHMENT AFTER FORECLOSURE: Glen, First contact this company http://www.foreclosurereliefgroup.com/ they maybe able to assist you. If there is a balance left over they may file suit to recover funds. At this point it s mere speculation. Have you tried to short sell the...
Collections Law: Wage and Bank Account Garnishments, google groups, bill bauer
google groups, bill bauer, court lawyers: Normally speaking it is not possible to get garnishments removed in any state. You owe the debt and apparently you have a judgment against you or neither your wages nor your bank accounts could be garnished. On the other hand a properly prepared federal...
Collections Law: Wage Garnishment, wage garnishment, first resolution
wage garnishment, first resolution, letter states: Joan, With a wage garnishment already in place it s going to be tough. You can try to negotiate a pay off, however they already have a court order stating the amount to be paid. If you need professional assistance please contact me. Michael Moore...
Collections Law: WRITE OFF'S, google groups, bill bauer
google groups, bill bauer, point cards: Sorry if I didn t answer all your questions or didn t answer them with sufficient clarity. Can they put it back on your credit report again? Yes, they can but it is illegal for them to do that. It is called illegal re-aging of the debt if their listing...
Collections Law: wage garnishment on disability, perkins student loan, wage garnishment
perkins student loan, wage garnishment, disability claim: Katie, They may request information from the company responsible to pay your disability claim. You can file a hardship exemption to the garnishment with the courts. Contact the courts and request the proper documentation. Good Luck Ontrack...
Collections Law: 10 year old Verizon Bill Collection, credit repair. Apex Credit Services
credit repair. Apex Credit Services: Sherri: To be candid, if the account isn t on your credit reports and the debt is time barred, there is little they will do. If you are concerned however, simply contact the current debt collector/purchaser and ask for validation in writing. ...
Collections Law: 20 Year Old Debt Collection, kay jewelers, debt collection agency
kay jewelers, debt collection agency, legal recourse: That would be within 5 days after their initial contact with the consumer they must have a letter demanding payment. So if the initial contact was some means other than a letter they must have a demand letter in the debtor s hands within 5 days. In the other...
Collections Law: 80/20 loan and foreclosure, voluntary settlement, legal counsel
voluntary settlement, legal counsel, foreclosure: They still have a right to collect the balance due whether they participated in the foreclosure or not. I don t know why they would not have participated and at least filed a cross claim to obtain judgement. They still can obtain judgment and you probably...
Collections Law: 9 year old debt, digital voice recorder, relevant search results
digital voice recorder, relevant search results, other search engines: The first thing to do is remember that since that is their initial contact with you they have 5 days to have a letter in your hands demanding payment. If they fail to do that then you have your first FDCPA violation. Next, start recording all your phone...
Collections Law: Additional Card Holder, AMEX, FCRA
AMEX, FCRA, FDCPA: Chris, Contact me and let me know where you live. http://www.alabamaconsumer.com/CM/Custom/Contact.asp Generally being an authorized user does not mean you are liable for the debt. You never entered into a relationship with AMEX to pay them or to agree...
Collections Law: Affirmative Defense Options: FDCPA Violations, fdcpa violations, collections agency
fdcpa violations, collections agency, affirmative defenses: Yamil, Your best option is to contact an attorney that has filed suit against the collection agency. The attorney may be able to use the previous case to negotiate the best outcome. Do not go against the agency alone. Ontrack Financial Grou...
Collections Law: AMEX Debt Collection Atty, collections agency, pennies on the dollar
collections agency, pennies on the dollar, jaffe: Winning favor with the court is almost and impossibility. Send the letter asking for validation and plea your case at the same time with the attorneys. Your balance is large and will demand a large payment but, there has to be a cap. With credit as tight...
Collections Law: How to answer a civil summons?, google groups, civil summons
google groups, civil summons, bill bauer: How to answer a civil summons? That s what I teach my creditwrench students. However there is a link below that also helps answer that question. Want to do to avoid a judgment against you? In this type of case it is almost impossible to avoid a judgment...
Collections Law: arbitration/registration of award, mbna, arbitration
mbna, arbitration, summons: There are several things I need to know in order to help you. 1. What state do you live in? 2. When did you make your last payment directly to MBNA? 3. Do you have a copy of the agreement from MBNA? 4. Have you been served with a summons as of...
Collections Law: We asked the Collections agency to stop drafting our bank account, gc services lp, certified mail
gc services lp, certified mail, collections agency: Send a certified letter to GC Services, by certified mail, demanding that they stop drafting your checking account. Copy this letter to the FTC, BBB and your states Attorney General as well as Amex. I would also reference the matter of the $38.00 per month...
Collections Law: auto lien, ambulance company, doctor bills
ambulance company, doctor bills, substantial debt: Have your friend put a lien on it for whatever it is worth. Sign a contract with him to pay him the full amount he paid for the bike. On the other hand, if that is your only source of transportation then you probably don t have to worry much about it anyway....
Collections Law: auto repossession, finance companies, finance company
finance companies, finance company, speedometer: If they have not done anything wrong in their collection efforts then you might want to see to it that they do a few things wrong. That isn t hard to do either Of course, attorneys won t do that kind of thing because their code of ethics won t permit such...
Collections Law: BAD DEBT IN TEXAS, old mom, statue of limitations
old mom, statue of limitations, medical bills: Yes, but it must say: Cease & Desist from any and all contact with me by any means whatever. She may get sued if she sends it but at her age they can t do anything to her anyway. They can possibly put a lien on property she may own but they can t get...
Collections Law: Bank Levy, legal maneuver, medical bill
legal maneuver, medical bill, personal matter: In most cases I would say no. I have insufficient info to say definitively but unless they did some legal maneuver to pierce the corporate vail I would say they cannot do this. File a motion for an appeal of the garnishment and get a hearing immediately before...
Collections Law: Bill on my credit report but the collection agency can't find it., Barnette Law Offices, Tennessee Consumer Lawyers
Barnette Law Offices, Tennessee Consumer Lawyers: Derek: Visit http://www.creditnet.com or http://www.infinitecredit.com. There you will find the answers. You just need to write a letter to the credit reporting agencies and contest the way they re reporting. If you don t have time, you can...
Collections Law: bad check, internet fraud, internet scam
internet fraud, internet scam, police report: You should report the Internet fraud to the FTC as soon as possible. Your bank should be notified that you were a victim of fraud. File a police report to prove it. I am not sure if the repair shop can take your car, they can file a lien against it. They...
Collections Law: bounced check, professional boxer, definite answer
professional boxer, definite answer, bad checks: http://www.ckfraud.org/penalties.html Please see the above web site. In your case, the check was used to purchase goods and you are protected by the laws. You may need to get an attorney but, his fees may be covered as well. Good luck with this. I...
Collections Law: CA, credit report, suggestion
credit report, suggestion: Only if the College informs them to do so. Most agencies will remove the entry once they close an account back to the client but I do not know what type agreement the agency and college have. I wish I had a better answer for you. My suggestion would be...
Collections Law: Capital One Bank, debt collection attorneys, horror stories
debt collection attorneys, horror stories, cap one: First of all, what state do you live in? When did your husband make his last payment to Cap One? The answers to those questions can be very important. So they told you that he can sign a stipulated agreement and if he missed any payments it would automatically...
Collections Law: Capitol One, credit card traps, capitol one
credit card traps, capitol one, type cards: Cap One has several different type cards and with each card, a different set of rules . To make sure you understand your cards terms, call or write Cap One and ask them for the terms you agreed to when you enrolled the card. I do know that some credit card...
Collections Law: Car Repossesion, google groups, repoed vehicles
google groups, repoed vehicles, car repossesion: The fact of the vehicle having been in an accident would not make a difference on the total amount owed but it would or at least might make a big difference on what the vehicle brings. Repoed vehicles are sold at auction and many dealers have detectors that...
Collections Law: Charge off - and delention off your credit from the collection agency, credit repair. apex credit services
credit repair. apex credit services: Ms. Williams: Absolutely not. The seven year reporting date begins from the date that the account went 30 days past due and was never brought currect. If infact the debt purchaser does as they say, consult an attorney or legitimate credit services...
Collections Law: Charge-off laws, credit repair, apexcreditservices
credit repair, apexcreditservices: Ron: The FDIC makes them write them off at 180 days. However, that is just an accounting term. Fees and interest continue to accrue. As far as whether debt purchasers can continue to inflate fees, that is contingent upon their right of assignments...
Collections Law: Civil Action Court Summons, court summons, attorney name
court summons, attorney name, account representative: I do not think you need anyone to help and I am not sure anyone on this web site can charge. I think it is voluntary. My limited knowleged certainly is. Please send me the expert s ID and I will check. Now to your question, write to the collection agency,...
Collections Law: Civil Action on credit card, capital one auto finance, garnishment of wages
capital one auto finance, garnishment of wages, garnishment laws: Good Morning: According to the Pennsylvania garnishment laws, I located the following information: In Pennsylvania, neither a credit card company nor a debt collection agency can garnish your wages at any time, even though they may threaten to do so....
Collections Law: Civil Court Debt Collection/Ohio Law Firm, pass christian ms, hurricane katrina
pass christian ms, hurricane katrina, us postal service: While I do have several blogs a better way is for you to join in on our Friday night conference call this coming Friday evening. That way you can talk to some of them personally. The link to the conference call number and the pin number are on my message board...
Collections Law: Civil Summons for credit card, civil summons, affidavits
civil summons, affidavits, plaintiff: I can t possibly answer your question with no more information than you have given me. Among the things I would have to know are the following: 1. When did you make your last payment to the creditor? 2. What card has filed the suit against you? 3. What...
Collections Law: Civil Summons Update, civil summons, mail copy
civil summons, mail copy, wake county nc: That would not be a good approach to the problem at all. First of all, letters to the court are not acceptable as a response. There is much more to it than that. If you want to use the statute of limitations defense you have to be able to prove when you made...
Collections Law: Civil summons for invalid debt beyond SOL, civil summons, default judgment
civil summons, default judgment, credit card application: I sure would like to see an actual copy of that affidavit. Is there any way you can send it to me? Scan it as an image and email it to me? ceo @ creditwrench.com fax it to me? You would have to call first so I can turn the fax machine on. Regular snail...
Collections Law: COLLECTIONS ILLEGAL ACTIVITIES, title insurance company, lumber co
title insurance company, lumber co, lumber company: Which one is the real story, the first communication (below) or this one. It s hard to give you solid advice when I m not given all the facts. Michael QUESTION: N.Y.S. a collections lawyer did not renew a judgement against me within the 10 year...
Collections Law: Collecters harassing me about someone else, careful record, odd hours
careful record, odd hours, com hem: Before you can take legal action against these people you need causes of action. To get your causes of action and put a stop to the calls at the same time I d recommend that you visit http://shrinkmylink.com/hem and follow the instructions there. That will...
Collections Law: Collection Agency Acknowledgement, short term disability, department of consumer affairs
short term disability, department of consumer affairs, disability payments: I am afraid they can. An overpayment can be look upon as monies that are due the insurance company and should be repaid. While you may not have done anything to cause the overpayment, you benefited from the proceeds and they can hold you responsible for...
Collections Law: Collection Agency Calls, tanisha, collection agencies
tanisha, collection agencies, better solution: This is a tough spot Tanisha has put you in. As long as she keeps giving out your number, there is very little you can do short of complaining to the telephone company and insisting that they change your telephone number. I realize this would be a pain...
Collections Law: Collection Calls Won't Stop, Barnette Law Offices, Tennessee Lawyer
Barnette Law Offices, Tennessee Lawyer: Amanda: You need to consult with an attorney in your state insofar as FDCPA and probably FCRA violations are present. If in Tennessee, we may be able to assist. J. Barnette Barnette Law Offices 1-615-585-388...
Collections Law: Collection fee for a medical claim paid late, google groups, bill bauer
google groups, bill bauer, point cards: That is just a small portion of what you learn when you become a credit wrench student but you can also learn them for free by subscribing to my newsletter and by studying my message board and by getting on my Friday night conference calls. That is not...
Collections Law: Collection on old credit card debt past sol, po box address, credit card debt
po box address, credit card debt, false and misleading information: That presents a bit of a problem. You know the debt is past SOL because the account number is for a BOA card yet Citigroup is supposedly the party who has sued you. Do you still have the card from BOA or some old statements that show the account numbers? I...
Collections Law: Collection rights, civitans, assests
civitans, assests, grocery bill: The part that really upsets me is when the clerk laughed at your offer of $20 per month. That was very unprofessional and totally uncalled for. There are a lot of people out there who never pay a dime, don t care about their obligations and could care less...
Collections Law: Collections, google groups, bill bauer
google groups, bill bauer, yahoo msn: Expect a lawsuit. You should start now to learn how to fight lawsuits without a lawyer. It really isn t hard to do at all. I teach my students how to do it all the time. One of the methods that I use in teaching is by letting them see my computer screen...
Collections Law: Collections, credit repair, Apex Credit Services
credit repair, Apex Credit Services: Miguel: That is a new one on us. Honestly, I don t know for certain if it is a violation but, it does seem to be a violation of the Rosenthal Act insofar as it could be construed as abuse and harassment. You would need to consult a licensed attorney...
Collections Law: Collections, fdcpa violations, illegal threats
fdcpa violations, illegal threats, felony charges: You recourse is to send the purchasing company a certified letter informing them that you dispute the balance and demand that they validate it and for them to cease any and all collection activity immediately. Also inform them that you intend (and do it)...
Collections Law: Collections sent to wrong address, my credit ruined, Barnette Law Offices, LLC
Barnette Law Offices, LLC, Tennessee Consumer Lawyers: Marley: Dispute the items in question through the credit reporting agencies. Try to pinpoint data fields that are inaccurate or incomplete. Do so in writing. Also, dispute the validity of the debt with the debt collectors themselves and bring out...
Collections Law: Credit Card, state bank of india, certified mail
state bank of india, certified mail, bank of india: I would not worry about your parents being involved unless they signed for you to get the card or you are under age. You do not say who is calling you but, DISPUTE (by certified mail) the amount owed and demand validation and an accounting of what the balance...
Collections Law: Credit Card Debt was sent a Summons, credit repair, Apex Credit Services
credit repair, Apex Credit Services: Reggie: You need to make an appearance. You may need to do so by filing an Answer or appearing personally. Read the Summons as to what to do. Secondly, I will presume that their evidence that you owe anything comes via an Affidavit. Attack...
Collections Law: Credit Card Responsibility, collection agency, debt collector
collection agency, debt collector, estate: Edward, Were you or your brothers/sisters the cardholders? Were you authorized users? The general rule is if you were not the responsible card holders there is no liability for you. Each state can vary but that is the general rule. The collection...
Collections Law: Credit card debt, credit repair, Apex Credit Services
credit repair, Apex Credit Services: John: Yes, I would advise filing BK in your situation. You would need to consult with a BK Attorney in your state to see if you qualify for Chapter 7 under the new guidelines. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: Creditor adding interest to debt, Barnette Law Offices, FDCPA
Barnette Law Offices, FDCPA, Consumer Protection: Hanna: It could be pursuant to their agreement with the original creditor but, I doubt it. It seems to be an FDCPA violation insofar as it is threatening to take an action they cannot legally take as well as misrepresenting the character and/or amount...
Collections Law: civil judgement, Barnette Law Offices, Tennessee Lawyer
Barnette Law Offices, Tennessee Lawyer: Paul: I am assuming that you re stating that the attorney for the judgment creditor sent you an invoice for the time he spent defending the Motion. If I am correct, I would make a bar complaint against him with the appropriate agency. J. Barnette...
Collections Law: co-sign, Apex Credit Services, LLC
Apex Credit Services, LLC, credit repair: Tori: I hate to be the bearer of bad news but, there is virtually nothing you can do to remove yourself from the promissary note. Your husband is jointly responsible for it. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: colections, vital necessities, verbal contract
vital necessities, verbal contract, debt collectors: No, You have to make better arrangements that they will accept. Call them up and see what the minimum amount they will accept at this time and if you can afford it then go for it. If you can t then you would be well advised to learn how to deal with nasty...
Collections Law: collection, credit card loans, collections agency
credit card loans, collections agency, personal issue: The statute of limitations for civil actions in Colorado is three years and the longest something can stay on your credit history is seven years from the original delinquency date with the cell phone company. If you still have a copy of the letter disputing...
Collections Law: collection call about a four year old debt, american medical response, collections agency
american medical response, collections agency, ambulance service: Good afternoon: First, you need to contact your health insurance carrier and see what, in anything, they paid on the bill. Have the insurance company send you and EOB (explanation of benefits). At the same time, you need to dispute this debt with the...
Collections Law: What if a collection refuse to answer, compliance administrator, poor practices
compliance administrator, poor practices, three credit reporting agencies: If the collection agency does not answer the credit reporting agencies with in 30 days, the item is automatically removed. My suggestion about the AG, FTC and BBB was to lay the ground work for legal matters that may arise from this and to help protect others...
Collections Law: collections, credit card fraud, co owner
credit card fraud, co owner, credit cards: That depends on if you were co-owner of the card or an authorized user. If your name was not on the cards and you did not sign the application or used the cards, they are his and you should point the collectors his direction. I hope you find this information...
Collections Law: collections, credit reports, charged off
credit reports, charged off, alabama: Bobby, Typically creditors must charge off the account after about 180 days (6 months) after the account goes into default. The idea is that this keeps the company from listing as an asset the accounts receivable when the company really knows it won...
Collections Law: collections agency, sears card, collections agency
sears card, collections agency, bankruptcy court: Well then not to worry. First thing to do is send them a validation/dispute letter. Second thing to do is contact the bankruptcy court and complain to them that this company is trying to collect on a debt that was discharged in bankruptcy and see if the...
Collections Law: community debt, Barnette Law Offices
Barnette Law Offices: James: If you are a joint account holder then yes, they could come ater you absent a divorce decree. However, that is contingent upon the laws of your state. The above is a general rule. J. Barnette Barnette Law Offices, LL...
Collections Law: credit card debt, ssi funds, ssi payments
ssi funds, ssi payments, credit card payments: You must respond to the complaint. If you don t then they will get a default judgment. Once they do that they will probably file for a garnishment against you and may try to freeze your bank account. That may or may not work depending on what your bank does...
Collections Law: credit card default, apexcreditservices, credit repair
apexcreditservices, credit repair: Adrienee: 1) Credit card default is when you simply let the account go and do not live up to the terms of re-payment. 2) Yes, at 60 days past due you are currently in default. Bring the account current or pay it off. Apex Credit Services,...
Collections Law: credit report, credit repair, apexcreditservices
credit repair, apexcreditservices: Trish: Yes, you can submit disputes through the credit reporting agencies as prescribed in the Fair Credit Reporting Act. In addition, we may be able to assist. Apex Credit Services, LLC http://www.apexcreditservices.com...
Collections Law: Debt, navy federal credit union, navy federal credit
navy federal credit union, navy federal credit, collections agency: Hello, You should definitely pay your debts. Call the collection agencies and offer to settle the bills in full contingent on a reduction of the amount due and that they will remove the items from your credit report. Be sure to get the settlement in writing...
Collections Law: Debt Collection and the Army, debt consolidation company, army national guard
debt consolidation company, army national guard, food on the table: I don t know about military law or regulations so can t answer much about that but I tend to doubt that such a statement about their ability to keep calling you is true. They can do that regardless of any military service as far as I know. I d get rid...
Collections Law: Debt collection, research case law, creditnet
research case law, creditnet, barnette: Stuart: This is a free service. I cannot research case law for you for free and incur expenses on Lexis Nexis myself doing so. Moreover, I don t even know what state you reside in. Go to findlaw.com or creditnet.com and pose the question. ...
Collections Law: Debt Validation, certified mail, collections agency
certified mail, collections agency, agency rep: They can file a judgment even though they have never validated the debt. No problem. Yes, they must serve you if they file a lawsuit and yes they would have a case. It is up to you to fight it. You would have to file a response to the summons. The...
Collections Law: Default Judgement, Never Received Summons, default judgement, small claims court
default judgement, small claims court, proper jurisdiction: You may file a motion to set aside the judgment due to the fact you have never been served and it was out of the proper jurisdiction. You must be sued in the county in which you live. You may also want to consult an attorney before taking any action. You...
Collections Law: Dentist Bill, dentist bill, dental work
dentist bill, dental work, cash flow: Yes, they can send it to a collection agency at anytime they want unless you have a signed contract and can prove that your payments are current. With economy like it is, everyone needs cash flow to keep their lifestyle the same. I would contact the dentist...
Collections Law: Dispute of Amount, initial paperwork, principle interest
initial paperwork, principle interest, late fees: If Midland purchased the debt they are entitled to the entire balance due including principle, interest, late fees, and legal collection fees if included in the original contract you signed. They can ask for anything. It is up to you to dispute the debt or...
Collections Law: Doctor agrees to a physical now wants to..., hr department, doctor office
hr department, doctor office, insurance company: I need just a little more information: do you have anything in writing, such as a discharge slip that shows this should be free? You say they changed the pill to phyrisis ; I do not know what this is. Why did your insurance company deny this? Have you...
Collections Law: debt, debt question, mother lives
debt question, mother lives, garnishment: http://www.lloydmc.com/articles/in_collection_law_review.shtml You may find the above web site helpful. Garnishment is a little tricky and you may need to contact an attorney to ensure protection for your mother. I hope you find this helpful and please...
Collections Law: debt collection, credit reporting companies, debt collection company
credit reporting companies, debt collection company, statue of limitation: No, $400 isn t going to bankrupt that company. Neither is the $4.00 they probably paid to buy that debt from another debt collector. The thing you have to watch out for is that they don t file a lawsuit against you for the $400 but it isn t all that likely...
Collections Law: debt collection, certified mail, filing bancruptcy
certified mail, filing bancruptcy, credit card debt: Credit solutions? Fire them immediately. They aren t doing you any good. Fact is they are probably doing you more harm than good. About the only way I know of to get rid of an arbitration is to sue the lawyer in federal court. Not hard to do. If you...
Collections Law: debt collection, delaware laws, state of delaware
delaware laws, state of delaware, local court: Believe it or not they can do that but when it gets to your local court the judge isn t going to pay any attention to that. I don t know why you would object to that. Some of the Delaware laws are more consumer friendly than Florida laws are and they are very...
Collections Law: In debt , Medical issues & No income, Barnette Law Offices, Tennessee Lawyers
Barnette Law Offices, Tennessee Lawyers: Alfred: Unfortunately, it seems that Bankruptcy is the only option here. Consult an attorney in your state to see if you qualify for Chapter 7. J. Barnette Barnette Law Offices, LLC http://barnettelawoffices.co...
Collections Law: defaulted payday loan, florida department of consumer affairs, florida attorney general
florida department of consumer affairs, florida attorney general, better business bureau: Hello: I have researched this and advise that you check this web site: http://www.debtconsolidationcare.com/florida/paydayloan-help.html Advise the lender that you intend to contact the Florida Department of Consumer Affairs: http://www.800helpfla.com/...
Collections Law: deficiency balance, finance company, loan balance
finance company, loan balance, motorhome: Count on the fact that if you let it go bad they will sell it for much less than it is worth and you will be stuck with a huge deficiency balance, a lawsuit, garnishment, bad credit and may never be able to get it all paid off. Do not default!!!!!!!...
Collections Law: Electric Bill Collections, bill collections, fdcpa
bill collections, fdcpa, fcra: Pay the original creditor or nobody. If you live in or near the same city where the electric company is located then go there and pay it. If you have a friend or a relative that does live there make out a check to the electric company and have your friend...
Collections Law: Enforcing rights of FDCPA, fdcpa, break the law
fdcpa, break the law, internet search: A faxed letter should serve as notice since the FDCPA states that your request has to be in writing; to the best of my knowledge, it does not say it has to be mailed. What if you wanted to walk it into their office? Would they refuse it? They are also in...
Collections Law: AM EX Collections, collections company, form letters
collections company, form letters, american express: I would say the use of the word settled is sufficient, however I would let someone review the offer and see if this is so. It may also be possible that someone other than yourself could negotiate for you and get the $17 settlement. Sometimes a third party...
Collections Law: FAber and Brand says FDCP doesnt apply and wont send me info?? I need help., federated capital, advanta bank
federated capital, advanta bank, certified mail: Thats a lot of hopes you have there but you might as well hope they get hoof and mouth disease or maybe hog cholera. If I were you what would I do? I d probably at least file a graduated denial but how will you prove what you spent the money for? Your claiming...
Collections Law: Finding information about a judgment against me, credit repair, apex credit services
credit repair, apex credit services: Willow: Call the clerk of the court in which the judgment was filed. They should be able to find the case number. In addition, dispute the tradeline through the credit reporting agencies. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: Florida small claim but live in NY, mail, financial trouble
mail, financial trouble, mr miller: You should definitely contact the attorney and the court. There is a good chance they will try to work something out with you. If they insist on taking this to court, you will need to contact an attorney in New York and file to have this moved to a court...
Collections Law: Capital One Bank, capital one bank, capital one
Collections Law: Capital One Bank, capital one bank, capital one, law degree
Collections Law: Debt, rebuilding your credit, slipup
Collections Law: Debt, rebuilding your credit, slipup, statute of limitations
Collections Law: FAber and Brand says FDCP doesnt apply and wont send me info?? I need help., alignment, 10 years
Collections Law: FAber and Brand says FDCP doesnt apply and wont send me info?? I need help., alignment, 10 years, parents
Collections Law: Notice of right to cure default letter, garnish wages, judgments
Collections Law: Notice of right to cure default letter, garnish wages, judgments, phone calls
Collections Law: Paying off a Judgement, best actor
Collections Law: Paying off a Judgement, best actor
Collections Law: After Repossession, Full Payment made but Asset company can't recover vehicle., comedy of errors, filing a lawsuit
Collections Law: After Repossession, Full Payment made but Asset company can't recover vehicle., comedy of errors, filing a lawsuit, aggravation
Collections Law: Being Sued by Capital One, capital one, due oct
Collections Law: Being Sued by Capital One, capital one, due oct, finance charge
Collections Law: titlemax, car bottom, broken car
Collections Law: titlemax, car bottom, broken car, bottom line
Collections Law: filed lawsuit, Apex Credit Services, credit repair
Apex Credit Services, credit repair: DDJ: They cannot obtain a judgment against you without proof of service. If they do serve you, you should contact the attorney who contacted you via targeted mail. You may have some violation of the TFC by virtue of how LVNV reports and at the very...
Collections Law: filing a lien, debt collection agencies, filing a lien
debt collection agencies, filing a lien, web addresses: In most all situations, the suit has to be filed in the defendant s home state. Here are the web addresses of a few. I do not know them nor am I recommending them. This is just to give you a head start: www.vandillenfloodlaw.com/Collections.shtml ...
Collections Law: How do i find out how much i really owe the bank?, credit card debt, local court
credit card debt, local court, single father: You will probably never find out how much you really owed the bank. The truth is that they sold the account so you owe the bank nothing at all but the debt collectors have the right to sue you for whatever anyway. You aren t going to do any good trying...
Collections Law: Someone Giving Out My Number, bill bauer, address phone number
bill bauer, address phone number, tanisha: Not hard at all. All you have to do is answer the phone and demand that they give you their contact information. Name, address, phone number, how much you owe. See http://www.creditwrench.com/18questions.html for more information. Another way to deal with...
Collections Law: garnish wages, e mail address, garnish wages
e mail address, garnish wages, pbtcomm net: Hello, If you fiance works in VA or another garnishment state, it is possible that they could garnish. If he lives and works in NC, then, no they can t. I am sorry it took for long for me to answer, I have been ill. I hope you find this information...
Collections Law: garnishment, Barnette Law Offices, Jason Barnette
Barnette Law Offices, Jason Barnette, Consumer Law: David: They can and likely will sue you. Thereafter, they can levy your accounts, garnish your pension and attach real property. I would consider Bankrupcty or CCCS. J. Barnette, Esq. http://barnettelawoffices.co...
Collections Law: Help, tuition payment plan, music conservatory
tuition payment plan, music conservatory, educational debt: To the best of my knowledge, you must be 18 years of age to enter into a contract in any state in the Nation. Please contact the Georgia Department of Consumer Affairs at: http://www.dca.state.ga.us/ and the Tennessee Department of Consumer Affairs...
Collections Law: Hospital Bills, hospital bills, criminal offense
hospital bills, criminal offense, health insurance: Are you saying that they called your home at 9:27 on a Sunday night? According to the FDCPA, this would be illegal. If you have a statement in writing that they will have you arrested, this is also a violation of the FDCPA. To find an attorney, do a Google...
Collections Law: hoa attorney Fair Debt Collection Practices Act, federal debt collection, debt collection practices
federal debt collection, debt collection practices, fair debt collection practices: That does not sound right and you may need to contact an attorney to help protect your rights. Please let me know what state you live in so I can further research this for you. I will try to respond as quickly as I can but, I want to be sure the information...
Collections Law: hospital bills in collections, money judgment, mortgage foreclosures
money judgment, mortgage foreclosures, hospital bills: I don t know a thing about credit reports or credit repair so I don t get into that kind of thing at all. Sorry. What is a judgment? A judgment is nothing more than a court order saying that you owe the money. At least that is so in credit card type cases....
Collections Law: Im completely condfused and need help regarding the FDCPA, federated capital, advanta bank
federated capital, advanta bank, certified mail: Unfortunately, the FDCPA does not regulate this type of transaction. I still want to try to help in some way so, please check the FTC s web site. The url is: http://www.ftc.gov/ . There is a ton of valuable information as well as telephone numbers that...
Collections Law: Injured by dentist, Bill in collection, mail return, dentist bill
mail return, dentist bill, american adjustment bureau: First of all, why is it that you don t want to sue the dentist? You really should. Secondly, if you pay the collection agency it will hurt your credit far more than if you don t pay it. If you want to pay then pay the dentist directly if you can get...
Collections Law: Insane Repossesion as a plan..., toyota camry, financial suicide
toyota camry, financial suicide, repossesion: My employment positions have been that way for years, including FBI background checks due to being in positions of trust. My reference to damage by association was credit history and not background checks. Depending on the employer, the credit check is only...
Collections Law: Intrest, automobile collection, homestead exemption
automobile collection, homestead exemption, military star: Florida Collection Agency Laws Following is some important information on Florida debt recovery laws including: Florida Statutes, Florida Judgments, Florida Garnishments, Florida Interest Rates, Florida Bad Check Laws and Florida Collection Agency Requirements....
Collections Law: insufficient funds, Barnette Law Offices, Tennessee Lawyers
Barnette Law Offices, Tennessee Lawyers: Marlene: Certigy is a debt purchaser. You could pay them and that would take care of the balance. However, they report in a very damaging fashion thus, I would advise you to dispute it through the credit reporting agencies based upon the account type...
Collections Law: JUDGEMENT I WON, delaware gov, judgement
delaware gov, judgement, monies: Ok, now that I know the state, give me until tomorrow to research this. I am sure I can find some helpful information or at least go down trying. Have a great evening and I will follow up with you tomorrow. Ray 8/10/08 I think you will find these...
Collections Law: JUDGEMENTS, Barnette Law Offices, Tennessee Lawyer
Barnette Law Offices, Tennessee Lawyer, Consumer Law: Tiffany: Yes, they are final unless you have grounds for a motion to vacate. Honestly, with amounts this small, I would work out a settlement with the judgment creditor. Otherwise, they will stay on your reports forever. You can always dispute...
Collections Law: Judge dismissed debt collectors' case against husband, identity theft, debt collector
identity theft, debt collector, debt buyer: Edie, Sounds like your husband did a great job of fighting back against the debt buyer Asset Acceptance. If his ex-wife opened this without his knowledge, then he should treat this as identity theft and make sure it is not on his credit reports. Here...
Collections Law: Judgement, state of new mexico, gentle man
state of new mexico, gentle man, bank of america: Why would you want to pay some gentleman who has a friend who is an attorney and would cost over $1,000 when you can get at least equal if not better results and value for less than half that? I have no idea what you mean by this type of service so I can...
Collections Law: Judgement, first union bank, garnishment
first union bank, garnishment, transunion: No, you didn t do the right thing. So let s start with gathering a couple of facts. 1. What state do you live in? 2. When was the judgment entered against you? 3. Have they ever tried to collect at any time since the judgment was entered against you?...
Collections Law: Judgement on Civil Case, paper checks, case question
paper checks, case question, step dads: Don t worry about the car. It is safe in your step dad s name. The only thing you really have to worry about is them grabbing all the money out of your bank account any time they can and garnishment of your wages. You need to have your employer start paying...
Collections Law: Judgement over Credit Card, improper venue, garnishment laws
improper venue, garnishment laws, providian credit card: They may have attempted to serve him at his old address since they didn t have a new one. He may be able to file a motion with the courts to set aside the judgment due to lack of service and improper venue since he must be sued in the county where he lives....
Collections Law: judgement, social security check, google groups
social security check, google groups, bill bauer: Basically speaking they can t do a thing to you except hurt your credit even more than it already is. Government pension money cannot be garnished by anyone other than the government itself. Be that as it may, I would be certain that the bank is well aware...
Collections Law: judgement, statue of limitations, thousand dollars
statue of limitations, thousand dollars, judgement: I need a little more information: What state do you live in? How long have your wages been garnished? It seems to me that the statue of limitations would have expired by now, but I need a little more information. Upon receiving this information, I will...
Collections Law: judgement, michael moore, financial group
michael moore, financial group, judgement: Mike, I m not sure what company you spoke to. If the judgment hasn t been executed the company will still discuss an offer to compromise. When was the judgment rendered against you? Ontrack Financial Group Michael Moore Mike.Moore@ontfg.com...
Collections Law: Is there a judgement against me?, apexcreditservices, Apex Credit Services LLC
apexcreditservices, Apex Credit Services LLC: Sherry: Check the courts of the county in which you reside and wherein you resided while you were married. Call the clerks and see if they were any cases or default jugdments filed against you. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: judgements, credit card debt, clerk of the court
credit card debt, clerk of the court, garnishment: There is a way or maybe even two ways to do that But in order to tell you whether or not that is possible in your case I would have to see all the paperwork in the file which you would have to go to the clerk of the court and obtain from them. You could scan...
Collections Law: judgment filed against me, I didnt respond and the have the wrong person, wrong person, clerk of court
wrong person, clerk of court, best of luck: Yes they can. In order to defend yourself, you have to be at the judgement hearing. It may be possible to go to the Clerk of Court s office with sufficient proof that the bill is not yours and have it expunged. I hope you find this information helpful...
Collections Law: Law suit against me from Global Acceptance Credit Corp. LP, global acceptance, affirmative defenses
global acceptance, affirmative defenses, statute of limitations: You won t be successful with a statute of limitations defense then. Inside is inside and outside is outside. That s the long and the short of it. I would have to get a look at all the papers filed at the court house in order to even hazard a guess as...
Collections Law: Length of time debts show on credit reports, Apex Credit Services, credit repair
Apex Credit Services, credit repair: Michelle: The reporting period is seven years for most accounts. It begins from when the debt went 30 days past due and was not brought current. However, many debt purchasers re-age the account to the date the purchased it. BK s...
Collections Law: Limitations on credit card debt, apex credit services. credit repair
apex credit services. credit repair: Ann: The statute would run from the date of last payment. You should be in the clear for both litigation and credit reporting purposes. Send the debt collector a letter telling them not to contact you. Apex Credit Services, LLC ...
Collections Law: loan help, collections agency, settlement arrangements
collections agency, settlement arrangements, letter states: Just because the account is written off does not make it uncollectible. This is just an accounting function for the bank and has nothing to do with the validity of the debt. Legal action may still be taken against you. They may also repossess the vehicle....
Collections Law: Medical bills, credit repair, apex credit services
credit repair, apex credit services: Jeff: The only thing you can do is make an appearance before the court and plead your case. The judge may or may not be sympathetic. You cannot compel the Plaintiff to accept the offer. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: Medical - Collections, secretary of states office, medical collections
secretary of states office, medical collections, secretary of states: To the best of my knowledge, if the debt is in your name, it can be placed on your credit history. If you have a bona fide reason to believe it is wrong, you can always dispute it. I am fairly sure this is not the answer you wanted, but it is the right one....
Collections Law: Minor, mail return receipt, certified mail
mail return receipt, certified mail, collections agency: Have your parents write a letter to the credit card company informing them that you are under age and send proof of this. They may tell the creditor that you did not understand the law and it was not intentional but what is done is done. They may threaten...
Collections Law: Minor, collections agency, credit card application
collections agency, credit card application, t pay: Adrian, I want to be able to help you with this but, I need a little more information such as: your date of birth, the state in which you reside, the date you signed the credit card application and did your parents sign this application with you? No...
Collections Law: Mom responable for deceased husbands debts, responable, old mom
responable, old mom, stepdad: This is a tough situation and you may want to consult an attorney. If your mother is going to have to let the home go back and does not own any other property she seems to be pretty much sue or Garnishment proof. You Secretary of State for your state s...
Collections Law: mediation, mediation sessions, confirmation hearing
mediation sessions, confirmation hearing, railroad yards: No, you don t have to attend the court ordered mediation. But failure to attend is likely to make you wish you had attended. If you do attend you can refuse to mediate and take it to a judicial hearing. Of course, I m sure you won t want to go to that...
Collections Law: Nationwide Credit, checks in the mail, prepaid debit cards
checks in the mail, prepaid debit cards, postal money orders: But then said I shouldn t pay American Express and would have to pay Nationwide. I m confused. If I can t pay American Express and shouldn t pay Nationwide, won t there be further action against me? The obvious answer here is that yes, there probably will...
Collections Law: NCO, validation, credit report
validation, credit report: Sounds to me like you have a great case against NCO. You should sue them. If you demanded validation within 30 days after your initial contact with them and they have not provided you with the demanded information that would be one cause of action. If...
Collections Law: Negociating with Collection Agencies..., negociating, collection agencies
negociating, collection agencies, credit reporting agencies: I found this question in the pool and will try to assist you since I work for an agency. The agency can settle an account down to an amount pre-approved by the client. They can also contact their client and ask for a discount. Tell the agency what you...
Collections Law: Notice of right to cure default letter, raymour and flanagan, financial hardships
raymour and flanagan, financial hardships, wells fargo financial: A right to cure letter explains what your rights are to cure a past due debt or in other words pay it off or bring the payments current. If you bring the account current, you can not let it go in to default again because the lender does not have to send...
Collections Law: Old Debt...Midland Mgmt trying to pursue legal action!, debt collectors, statute of limitations
debt collectors, statute of limitations, debtor: According to some courts, the letter threatening legal action can be construed as a violation. They can attempt to collect on a debt regardless of age and they can file a lawsuit no matter how old the debt might be. If the debtor fails to respond to the...
Collections Law: Old Discover Charge Card and Sears Charge, sears charge card, private investigation firm
sears charge card, private investigation firm, discover charge card: Mark, According to the NV statue of limitation for debts, the company had 6 years to take this to court. It sounds like the debt collector has overstepped the line. If you would like our assistance with the collection agency we have the solution to...
Collections Law: Owed Association fees, regarding your situation, law group
regarding your situation, law group, best interest: Did you join the association after your bankruptcy? I am curious as to the series of events leading to this. Was there an association involved prior to your bankruptcy? Did you reaffirm your mortgage? I have a lot of questions regarding your situation. With...
Collections Law: Pay Day Loans, e mail address, payday loan companies
e mail address, payday loan companies, department of consumer affairs: I think I can help you with this. Contact the Texas Department of Consumer Affairs at: http://www.dfps.state.tx.us/Contact_Us/Inquiries_and_Complaints/. They should be able to answer your question with no problem. I am sorry it took so long to answer...
Collections Law: Paying off a Judgement, collections agency, horror stories
collections agency, horror stories, judgement: You are right to be cautious. You appear to want to do the right thing but, I do not want you to be taken advantage of. Send the collection agency a letter asking what they will take to consider the judgment as paid in full. Once they have done this, make...
Collections Law: Payment of contract debt, writ of summons, certified mail
writ of summons, certified mail, home health care: You should go to the court date and explain to the judge that you disagree with the amount being charged and ask for an extension so you can get your information together. As a matter of a fact, you can contact the court and file for an extension your self...
Collections Law: Physician payment, digital voice recorder, black telephone
digital voice recorder, black telephone, physician payment: Yes, they can and they probably will. You should probably hope they do and the quicker the better. Don t make the mistake of paying or even admitting that you owe the bill. Don t even take a chance of resetting the statute of limitations that way....
Collections Law: Prior to a Civil Judgement... Ohio, credit card debt, plaintiff
credit card debt, plaintiff, summons: Yes, you can do that. The worst they could do is to file an action to have the sale or transfer reversed then grab it. Might happen and it might not. Depends on who you sell or give the vehicle to. Giving it is much more likely to result in their trying to...
Collections Law: Property, sherriff, collection agencies
sherriff, collection agencies, financial group: Steve, It s called a sheriffs sale. This is a tactic collection agencies are starting to use more and more. Yes they can use this. If you need assistance with law firm we have a solution to your problem. Ontrack Financial Group Mike Moore...
Collections Law: prepaid credit card gone to collections?, debt collection practices, prepaid credit card
debt collection practices, prepaid credit card, fair debt collection practices: If this was a prepaid visa there should not be any other charges and it is impossible to overcharge them. Unless there is something I am not aware of here I would say fight it. Send them a letter by certified mail demanding an explanation of the charges...
Collections Law: prevent a medical bill from going to judgement, medical bill, best of luck
medical bill, best of luck, judgement: Legal rights? Well, you have the legal right to fight about it for whatever good that will do you. If you want to fight this deal and have a reasonable chance to win you need to go to http://www.shrinkmylink.com/jwrqson and start studying that page...
Collections Law: My property to be levied, Barnette Law Offices, Tennessee Lawyer
Barnette Law Offices, Tennessee Lawyer: Robin: Unfortunately, yes, it is legal. It is called writ of execution and it can be granted afer judgment has been rendered. In some states, sheriff sales are performed and that seems to be the case here. J. Barnette, Esq. ...
Collections Law: Questions on New York Judgements, consumer credit transaction, court summons
consumer credit transaction, court summons, court judgement: Mr. Gill: I have researched your situation and as far as I can tell, your primary mode of transportation would be exempt. To make sure, if I were you, I would call the New York Department of Consumer Affairs and verify the amount of this exemption. Either...
Collections Law: RE: How do i find out how much i really owe the bank?, credit card debt, local court
credit card debt, local court, single father: Is answering the best thing to do? Well, what is your answer going to be? That should tell whether it is the best thing to do. Another way to tell whether or not it is the best thing to do is to ask yourself one simple question which is, Does your proposed...
Collections Law: RE:Notice of right to Have Exemptions Designated, first communication, sherriff
first communication, sherriff, sales contract: There are some things I need to know before I can help you. I need to know what state you are in and when did you make your last payment to the lender? Also, is this the first communication you have ever had with the attorney who filed the lawsuit on you....
Collections Law: Received a court summons today, fcnb spiegel, court summons
fcnb spiegel, court summons, certified mail: If they haven t filed the case but sent you papers that allege that they did that could be a violation of federal law. It depends on what state you are in and the laws in your state. You must understand that it is not Midland Funding but rather the local attorney...
Collections Law: Repo in 2000, atm card, repo
atm card, repo, bank accounts: I am not sure because you do not say what state you live in but, I can tell you that if this is the reason for denying services, they have to notify him. Have a face to face talk with a branch manager and see what the problem is. From what you say, this...
Collections Law: After Repossession, Full Payment made but Asset company can't recover vehicle., repo company, state attorney general
repo company, state attorney general, fifth third bank: I don t know any attorneys in Michigan but you may not need one. File a small claims petition and sue the auction company. Let the judge make the decision whether to award damages or get the car back. They appear to have violated the FDCPA and did not follow...
Collections Law: Responding to Bill of Particulars, bill of particulars, definitive statements
bill of particulars, definitive statements, court appearance: The first thing you should do is to check both your state and local court rules to see if they allow a bill of particulars. Some states don t allow that. Others do but call it motion for more definitive statements instead of Bill of Particulars. So see what...
Collections Law: received non jury roster, stature of limitations, household bank
stature of limitations, household bank, voluntary solution: Ok so you are in good shape for a SOL defense. Household bank is not a collection agency nor is it a 3rd party debt collector of any kind. Household bank issued the Best Buy credit card sales so it is your original creditor. So the collection agency is the...
Collections Law: removing name from a credit card, credit card question, gas cards
credit card question, gas cards, transunion: I am married but have a credit card that is in my name only, which I have recently defaulted on. Can a creditor or debt collector go after my spouse for repayment of this debt even though his name isn t listed on the credit card? Yes, marriage is like...
Collections Law: repossessed motorcycle, credit repair, apexcreditservices
credit repair, apexcreditservices: Harold: Yes, under Article 9 you are responsible for the judgment deficiency. You can challenge the amount with HSBC in writing and dispute it through the credit reporting agencies. Beyond that, no, there isn t much else you can do. Apex...
Collections Law: repossession, debt collection practices, collection practices act
debt collection practices, collection practices act, fair debt collection practices: You may be able to buy yourself some time to help you catch up. The Fair Debt Collection Practices Act says the creditor cannot breech the peace when they attempt to repossess a vehicle. This means that if you tell them to leave they must leave. They cannot...
Collections Law: repossession, storage fees, constant contact
storage fees, constant contact, installment loan: I am going to make some assumptions so, please correct me if I am wrong. Assumption 1: The lender sent you a right to cure letter 20 days before the care was repossessed. Assumption 2. You stayed in contact with the lender and they informed you...
Collections Law: How a representative spoke to my wife., debt management company, bill bauer
debt management company, bill bauer, private citizen: Absolutely! Sue him in federal court and make him pay for his abusive tactics. Bill Bauer 405-684-9297 405-227-9423 So, Shannon, please tell me why you thought that I lacked knowledge about your questions? I answered both of your questions with just...
Collections Law: SERVED A SUMMONS TO FORECLOSE, finance fraud, fraud investigator
finance fraud, fraud investigator, litigants: Postmarked date don t usually work. Has to be in the court by the due date or you lose. But what will you say in your response? What else do you expect to do to beat their foreclosure efforts? I do a great deal of work with foreclosures here in Oklahoma....
Collections Law: Served for a Debt I am paying, debt consolidation company, tap dancing
debt consolidation company, tap dancing, insurance insurance: That s what you get for messing with a debt consolidation company. The creditors have no obligation to deal with them no matter what you are paying. They can sue and get a garnishment. No problem. So quit messing with the debt consolidation company. You can...
Collections Law: Settling Debts with Collection Agencies; or Filing Chapter 13?, new bankruptcy laws, chapter 13 bankruptcy
new bankruptcy laws, chapter 13 bankruptcy, chapter 7 bankruptcy: Well,it seems obvious to me that you have already seen how much the credit card companies have escalated the debts beyond imagination, far beyond anything you could possibly pay. You said that no matter what you did the balance you owed never moved a bit....
Collections Law: Signing a Consent Judgment, consent judgment, insurance lawyers
consent judgment, insurance lawyers, insurance premiums: Absolutely do not sign any kind of stipulated agreement or judgment of any kind. Those things are a nasty trap and will get reported to your credit reports. No question about that. Furthermore it will most likely affect your future insurance rates and may...
Collections Law: Spellman & Roman, bill bauer, bofa
bill bauer, bofa, illegal actions: No, it is not legal for them to do that. You can t do much about it if you can t prove that they did it. You need to set up your phone so all calls can be recorded and then use my technique at http://www.creditwrench.com/18questions.html so you can learn who...
Collections Law: Spousal Obligations, Barnette Law Offices, Tennessee Attorney
Barnette Law Offices, Tennessee Attorney: Terry: I do not know the specifics of PA law in this area but, I believe you to be right based upon what I do know. By all means, I would advise you to consult an attorney there but, I think your assets are safe. J. Barnette, Esq. ...
Collections Law: Statute Of Limitations, common pleas court, legal recourse
common pleas court, legal recourse, statue of limitations: You do not tell me what state you live in and I have to assume you got a bill from a collection agency and not bureau, but yes all states have statute of limitations. You can do a web search for your state statue of limitations, and you should be able to...
Collections Law: Being Sued by Capital One, insurance money, little faith
insurance money, little faith, payment arrangement: If you file an answer and take your chances with the judge the outcome is a foregone conclusion. Another judgment, more garnishment, more grief. You have no viable answer that the judge will be likely to pay any heed to. I d say you need to file a response...
Collections Law: Being Sued by Dynamic Strategies, inc., google groups, mbna account
google groups, mbna account, legal loopholes: Yes, there are some legal loopholes that can get you past this problem. Can you prove when you made your last payment to MBNA? That will be necessary for a statute of limitations defense. You say you don t know where to start? You have only a certain number...
Collections Law: Being Sued by JP Morgan Chase, jp morgan chase, certified mail
jp morgan chase, certified mail, medical disability: I d go for it pro per knowing that I would most likely lose in local court. But I would look for such things as false affidavits or other false information provided by the plaintiff who is probably not really J.P. Morgan in the first place but a 3rd party...
Collections Law: Sued, Liened, and Maxed Out, lawsuit, judge
lawsuit, judge, court: I d let them sue me. I know you are very frightened by what might happen if they get a judgment and I certainly can t disparage you for that. But if you learn to fight back the right way then you can turn the table on them. Let them learn that what goes around...
Collections Law: Sued by Palisade Collections, wolpoff and abramson, palisade collections
wolpoff and abramson, palisade collections, bill bauer: What I would do is go to the clerk of the court and ask to see your public record then look for that summons and see what has happened in the case. Get all the paperwork in the file. The Providian account has to be well beyond the statute of limitations...
Collections Law: Suit by Mann & Bracken, mail return receipt, mann bracken
mail return receipt, mann bracken, certified mail: I must assume that you didn t demand validation in writing within 30 days after you received their first communication from them. If you are still within that 30 day window then you should demand validation by certified mail return receipt requested. In...
Collections Law: Summon for Medical Bill, medical bill, debt collector
medical bill, debt collector, debt collectors: You are absolutely correct in saying that the validation letters to be found all over the internet are little more than gibberish. Legal gobble-de-gook may be more like it however. They make all manner of demands of the recipient, few if any of which are approved...
Collections Law: Summons & Court Date, proper answer, one simple question
proper answer, one simple question, debt collector: You thought they could not proceed until they supplied you with full debt validation? Where did you hear that nonsense? Tell that to the judge and see where it gets you. The judge may take the time to tell you that next time you need to hire an attorney before...
Collections Law: Summons for Credit Card Debt, bankruptcy case, filing bankruptcy
bankruptcy case, filing bankruptcy, credit card debt: I d say you should ignore that lawyer and file a response to the summons. I d also send a validation demand to the lawyer. I d fight the case all I could because something might happen that your bankruptcy case might get dismissed or something else might go...
Collections Law: Summons/SOL for NM Passed/Now Live In OR, security disability insurance, social security disability
security disability insurance, social security disability, social security disability insurance: Probably more tricks but you need to call up the clerk of the court in that county and find out if a case has been filed against you or not. Can t afford to take chances. Tell the clerk of the court you received this document and from whom and ask if...
Collections Law: service time from date issued, summons, service time, rehearing
service time, rehearing, summons: I d file a motion for extension of time and in your motion tell them when you got the summons. You should get an extension of time to answer. Of course, they may have already got their judgment in which case you would probably have to file a motion for...
Collections Law: out of state judgement, default judgement, garnish wages
default judgement, garnish wages, mail notice: Now then, the next question is how can you prove that it was outside of statute of limitations for Arizona when it was filed. If you can prove that the statute of limitations had expired by some means then you might very well have a case against them in...
Collections Law: statue of limations, google groups, pennsylvania statute of limitations
google groups, pennsylvania statute of limitations, bill bauer: Pennsylvania statute of limitations is 6 years so it is well outside the statute of limitations. That don t keep them from trying to collect however. They can continue to try to collect forever. No problem. What they cannot legally do is to file a lawsuit...
Collections Law: statue of limitations for unpaid bills in california, heavenly rewards, debt collectors
heavenly rewards, debt collectors, statue of limitations: Both of you are correct. It just depends on what statute of limitations you are talking about. She is potentially correct in saying that if they wait 7 years it will all be erased. That is if some debt collector don t decide to illegally re-age the debt. If...
Collections Law: statute of limitations, bill bauer, credit card debt
bill bauer, credit card debt, florida courts: There are actually three different statutes of limitations that can be used in credit card debt cases. In your case, either could apply but since it should be easily provable that the debt is well out of statute for either one I will have to say that Florida...
Collections Law: statute of limitations defense, discovery tools, dueces
discovery tools, dueces, statute of limitations: A judge may or may not consider that to be reliable evidence. I really don t know of any instance where that kind of evidence has ever been introduced in court so I don t know how a court might rule. I d say you should use your 5 discovery tools to extract...
Collections Law: statute of limitations defense, best evidence rule, bill bauer
best evidence rule, bill bauer, credit card debt: It might be used as evidence but the best evidence rule would dictate that a statement from the Plaintiff stating when the debt was declared to be in default or better yet proof of when you made your last payment to the creditor be placed into evidence before...
Collections Law: student loan from 1988, education assistance authority, e mail address
education assistance authority, e mail address, debt collection practices: You should absolutely dispute this with the credit bureaus as well as the creditor. To the best of my knowledge, they have to set a firm delinquency date and the debt is reported for 7 years from that date. The only way that date should change is for the...
Collections Law: I was sued by 3rd party collector., default judgement, notice of levy
default judgement, notice of levy, professional collections: First, if the third party purchased the account or is an attorney and was given authorization they may file suit against you. Second, just because you file a motion for dismissal doesn t mean you will get a dismissal. You must have legal grounds for the...
Collections Law: being sued by BofA, debt management program, single mom
debt management program, single mom, aggressive tactics: Thanks for that advice, I was just inclined to want to do that.. however is it legal to record voice mails in NC, if not as you suggested it is safe to just do the written transcript.. Once it goes to voice mail it has already been recorded so it can t be...
Collections Law: sued by capital one, civil summons, wage garnishment
civil summons, wage garnishment, bill bauer: Court appointed lawyer? What court appointed lawyer? This isn t a criminal case and only those charged with criminal complaints of some kind get court appointed lawyers. Defendants in civil cases never get them. Why would you contact their lawyers? That...
Collections Law: summons, garnishment law, default judgment
garnishment law, default judgment, credit card debt: Michigan is not a community property state. What can the credit card company do next? That may depend on what she does to keep them from forcing her to pay by any one of several lawful means is available to them under Michigan garnishment law. You can look...
Collections Law: Texas: Debt Collection Law Suit & Statute of Limitations, debt collection law, debt collection agency
debt collection law, debt collection agency, chrysler financial: The thing for you to do is go to the county clerk s office and ask to see your public record. They will show it to you on a computer screen and look for the judgment there. Once you find the judgment ask to see the file. Once you have the file ask for a copy...
Collections Law: Time period after filing a response to a civil suit summons, outright falsehoods, creditwrench
outright falsehoods, creditwrench, clerk of the court: Absolutely not! They are not allowed to continue with collection attempts until they have validated the debt but an offer to settle for less is not considered to be continued collection activity by the courts which have ruled that an offer to settle is not...
Collections Law: t mobile fee, necessary evils, bad reputation
necessary evils, bad reputation, t mobile: First of all, escalate this above the local level. Try this web site: http://www.t-mobile.com/Contact.aspx When you call, do not speak with a representative, always insist with speaking with a supervisor and/or manager. When you get the right person...
Collections Law: t mobile term fee, credit repair, apex credit services
credit repair, apex credit services: Jon: You can intimate what you ve conveyed herein to T-Mobile in writing and also to the debt collector, if any. If it s on your credit reports, you can dispute through the credit reporting agencies. Apex Credit Services, LLC ...
Collections Law: titlemax, Barnette Law Offices, Tennessee Attorneys
Barnette Law Offices, Tennessee Attorneys: Harris: They are within their rights to call you at work insofar as the FDCPA does not apply to original creditors. Your options are limited. You must pay them or they can repossess the vehicle. J. Barnette Barnette Law Office...
Collections Law: Unable to Pay Business Loan, unsecured business loan, cash flow problems
unsecured business loan, cash flow problems, lump sum settlement: You don t have to fear the collection agency. They don t have any more power than the bank. If you are self employed it will be harder for them to collect their money. Also, unless he signed personally for the loan the collection or law suit would be against...
Collections Law: Unauthorized ACH by CapOne, Barnette Law Offices, Consumer Law
Barnette Law Offices, Consumer Law, Tennessee: Jeff: Technically, no. However, you can write to Capital One explaining the situation and mention that your dispute is made pursuant to the Fair Credit Billing Act. J. Barnette, Esq. Barnette Law Offices, LLC ...
Collections Law: Unifund CCR, credit settlement, credit solutions
credit settlement, credit solutions, settlement company: I would need to know in which state you reside to give goon information on the SOL. If you do settle this debt, be sure to get a letter stating that the people are indeed settling it, IN FULL, and they there are no monies remaining due or that will come...
Collections Law: unfair car repossession, deficiency judgement, amnt
deficiency judgement, amnt, doorbell: I certainly do use different methods. I vehemently disagree with such scams as those you mentioned. The reason is that I do all the above and more without using any half-baked schemes. My method does debt elimination because it teaches how to determine whether...
Collections Law: Vacated judgment, civil judgment, collection lawyer
civil judgment, collection lawyer, plantiff: The credit bureaus have 30 days to verify the disputed information. If it is a civil judgment they only need contact the courts or you may send a copy of the order vacating judgment. If they cannot verify it or did not contact the courts to verify it dispute...
Collections Law: Vol. Car Repo, certified mail, car repo
certified mail, car repo, single mom: Well, your response is good but now you need to follow up with interrogatories, admissions and demand for production of documents. The major problem is that you are thinking in terms of defending yourself and you need to be thinking about how to go on the...
Collections Law: Vol. Car Repo, car repo, first communication
car repo, first communication, single mom: You should send the second attorney a demand for validation/dispute letter immediately. Don t say a thing about the current lawsuit. Just see if you can make them validate the debt hopefully giving you more information that you might use in court on the current...
Collections Law: Voluntary Repo, hundai sonata, statue of limitation
hundai sonata, statue of limitation, mail: Your father needs to send a cease & desist letter to the collection agency. That should stop them. You can find an example of a cease & desist letter on my message board at http://consumers.creditwrench.com and in the resources section. It will be within the...
Collections Law: We've received a collections summons on a CitiBank account., citibank account, citibank credit card
citibank account, citibank credit card, court summons: You are very lucky the debt negotiation company wouldn t take your case. They would have just robbed you out of even more money for nothing. You will need to file a response to the summons. I would first of all send a demand for validation/dispute letter...
Collections Law: Weekend Collection, inconvenient time, issue at hand
inconvenient time, issue at hand, grain of salt: The only real way to stop calls from a collection agency is to put it in writing and explain that the weekend is an inconvenient time for you. I would advise you to send this in writing and certified but, at the same time, I would advise along with this notification,...
Collections Law: WI repossession garish wage laws, voluntary repo, wage laws
voluntary repo, wage laws, financial institution: Yes, they can garnish your wages at 20%, but the must have a judgement first. Without the judgement, there is little they can do except to your credit history. Please see the below listed web site for further information: wsll.state.wi.us/judcoun/jc2garnishment.html...
Collections Law: Williams And Fudge collections question, credit repair, Apex Credit Services
credit repair, Apex Credit Services: Joseph: Send the debt collector a request for validation and see if they can prove up their allegations. Also, tell them that all future communication must be made in writing. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: No way out!!!, collection attorneys, uncommon situation
collection attorneys, uncommon situation, responsible adult: Hi LaTonya, This is not an uncommon situation. Many times collection attorneys or agencies add charges that are not justified but they get away with it. You may contact the law office and push to get in touch with a supervisor or the attorney himself. You...
Collections Law: 13 year old alleged debt, debt collector, billing department
debt collector, billing department, statute of limitations: I would suggest to them that the statute of limitations has passed and since neither of you are aware of what the charges are for, they need to adjust them off especially since you are still a patient. It sounds like a charge that was not billed or and adjustment...
Collections Law: Anser to cournt sumon on debt collection, discovery requests, meaningful answers
discovery requests, meaningful answers, denail: You are theoretically correct on the sworn denial issue but what are you going to do if there is no affidavit present or the judge just ignores that point or rules that they don t need a witness, affidavit nor any proof of the debt whatever? That happens more...
Collections Law: Answer filed in response to debt suit, what now?, laundry list, interrogatories
laundry list, interrogatories, statute of limitations: Absolutely move for a dismissal. Even if the court does not grant it, they will have to tell you the next course of action. Give them copies of all of the documentation you have such as the written request for the interrogatories. Good luck with this and...
Collections Law: How to Answer a Summons of Debt, Jason Wade Barnette, Tennessee Consumer Attorney
Jason Wade Barnette, Tennessee Consumer Attorney: Dear Sir or Madam: Unfortunately, no, I cannot explain in detail unless you re a resident of TN. However, you generally file an Answer in which you answer the Plaintiff s allegations line by line. Jason Barnette, Esq. Barnette...
Collections Law: Auto loans, Apex Credit Services, apexcreditservices
Apex Credit Services, apexcreditservices, credit repair: Jenni: Basically, there is nothing you can do but, protest the repossession when and if that takes place. That would give rise to an Article 9 violation which you could counter with. Apex Credit Services, LLC http://www.apexcreditservices.com...
Collections Law: amex debt/ hearing for summary judgement, amex cards, summary judgement
amex cards, summary judgement, household bills: Certainly you can. Send a certified letter explaining exactly what is going on with your side of this issue, how much additional time you will need and ask for a continuance. Make sure the letter is addressed to the Court and copied to anyone else that needs...
Collections Law: How do I answer a summons?, professional legal assistance, courts office
professional legal assistance, courts office, east mesa: Good, then my original advice stands. Contact the Clerk of Courts office and let them guide you in the right direction. I have never answered a summons but, I would think they would want your side of the story so write it and send it to them along with a...
Collections Law: Bill Collection, better business bureau, ftc web
better business bureau, ftc web, credit dispute: Send them a certified letter requesting verification of this debt and dispute the fact that you owe it. Ask them to please provide a copy of any paperwork you may have signed creating this debt. Send a copy of the letter to the FTC, web address: http://www.ftc.gov/,...
Collections Law: billing laws, divorce decree, prompt care
divorce decree, prompt care, divorce attorney: You need to contact your divorce attorney. If the divorce decree says you pay the insurance and she pays what insurance does not, you will have to take her back to court. Since this is your child, in most states, you are equally bound to take care of common...
Collections Law: breach of contract, study loan, breach of contract
study loan, breach of contract, pharmaceutical company: Please remember that I am not an attorney but, you seem to need legal advise. You need to read the contract you signed when you received the funds. I would imagine you are going to find that everything that they are doing is legal and according to said contract....
Collections Law: Capital One - Suing me, mail copy, certified mail
mail copy, certified mail, credit reporting agencies: According to the FDCPA, a collection agency has to respond to a request for verification of a debt and a dispute. Send the agency such a request and dispute by certified mail. Copy the court, Capitol One, the FCT, the Attorney General and the Credit Reporting...
Collections Law: Car finance, school loans, injured party
school loans, injured party, repossession: There is no way that I know of to turn a car in and keep a repossession from showing on your credit history without permission from the creditor. If they say they will do this, get it in WRITING. As far as someone taking over the payments, take them...
Collections Law: Car Loan, awful lot of trouble, psychological help
awful lot of trouble, psychological help, illegal act: To the best of my knowledge, as long as the title is still in your name, it is still your car. With the way he is acting. you should have this car impounded NOW, to protect the car, yourself and your son. Most people do not realize that as long as the...
Collections Law: Car repossion on credit report last activity 07/02, car repossion, google
car repossion, google, statue of limitation: A repossession can remain on a credit report for up to seven years, however given a little time she may attempt to request verification of the accuracy of the information being reported and there is a chance it could be removed before that time. I assume...
Collections Law: Cash Advance collections, payday loan companies, payment arrangments
payday loan companies, payment arrangments, heart condition: She is going to need legal help with getting help with the charges that have been paid by her bank. It does not sound right to me but I am unable to definitely say. To prevent them from trying any more, CLOSE THE ACCOUNT. As long as they have the account...
Collections Law: Certified discovery, court settlement, tactic
court settlement, tactic, financial information: Hey Glen! Make sure you get the offer in writing from the law firm. Don t fill out anything unless the courts instruct you to. How much was the Debt and how much is the settlement for? It sounds like another collection tactic. Mike Moore ...
Collections Law: Charge off collections, financial group, acct
financial group, acct, credit report: Sherri, Yes the account can be collected on. You can even be sued for not paying. If you find this situation is overwhelming, we can handle this for you. Contact us at www.OntrackFinancialGroup.com Sincerely, Mike Moore Ontrack Financial...
Collections Law: Charge off limitation, Apex Credit Services, Apex Credit Services LLC
Apex Credit Services, Apex Credit Services LLC, credit repair: Maryjo: Yes, insofar as the reporting period under the FCRA is seven years while the statute of limitations to bring a civil action may be longer in your state. These are two distinct timeframes. Yes, it could back on your report but only as a judgment....
Collections Law: Child's Medical Bill, attorney generals office, state attorney generals
attorney generals office, state attorney generals, state attorney generals office: If state provided means medicaid, then the hospital should be able to contact Florida Medicaid and get some assistance from them. If you have the 50% matter documented in your divorce decree, you may be able to force her to do something through family court....
Collections Law: Chrysler Vehicle Termination of Lease Exhorbitant Charges., chrysler vehicle, dodge caravan
chrysler vehicle, dodge caravan, chrysler financial: Please don t mistake this for legal advice but someone seems to have screwed up. I suspect the dealership did by not verifying the termination fees on the lease. How does Chrysler substantiate these fees or the balance due? Was your lease up? Was there time...
Collections Law: Civil Summons & COnfession of Judgment?, Jason Wade Barnette, Tennessee Consumer Law
Jason Wade Barnette, Tennessee Consumer Law, Barnette Law Offices: Daniell: Make the payment and then make an appearance with your confession on your court date. Explain to the judge that you have already made arrangements and default is now attempting to be taken against you. You should be fine. ...
Collections Law: Closed Account in May... Sent to Collections in July!, Apex Credit Services, Apex Credit Services LLC
Apex Credit Services, Apex Credit Services LLC, apexcreditservice: Alicia: You can dispute the tradeline through the credit reporting agencies and try a goodwill letter to Verizon. They are difficult to work with just so you re forewarned. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: Collection Agency, nationwide credit inc, fdcpa
nationwide credit inc, fdcpa, rude man: Send the collection agency a letter disputing the debt and asking for validation. Do not let yourself be bullied by these guys, they are governed by the FDCPA just like anyone else that collects third party debt in America. Send the above letter certified...
Collections Law: Collection Agenecy Accountability?, court judgement, barking up the wrong tree
court judgement, barking up the wrong tree, credit bureaus: You may not need an attorney to file the motion to dismiss. If you believe the account has been satisfied, file a motion with the courts to dismiss the case with prejudice on the grounds that the account is paid in full and the judgment is satisfied. Send...
Collections Law: Collection accounts/Judgments, Jason Wade Barnette, Barnette Law Offices
Jason Wade Barnette, Barnette Law Offices, http://barnettelawoffices.com: Tonya: The simple answer is that you need to dispute these items through the credit reporting agencies. HSBC will be difficult to remove. However, you many get some violations of the FCRA and if so, you should consult Jason Wade Barnette at Barnette...
Collections Law: Collection on a debt that was paid, Jason Wade Barnette, Barnette Law Offices LLC
Jason Wade Barnette, Barnette Law Offices LLC, Tennessee Lawyer: Dianna: First and foremost, you must file an answer. I would consult with an attorney in your state or if in TN, Jason Wade Barnette at Barnette Law Offices, LLC. I would also include in my answer certain FDCPA violations. Jason Wade...
Collections Law: Collection of newspaper advertising, Apex Credit Services, Apex Credit Services
Apex Credit Services, Apex Credit Services, LLC. credit repair: Rob: Honestly, not much insofar as the FDCPA does not apply to business debts. You may opt to look to your state law for additional protection. Apex Credit Services, LLC http://www.apexcreditservices.com 888-727-481...
Collections Law: Collection Process in Ohio, food stamps, medical event
food stamps, medical event, filing for disability: First of all, try the charity route again. The worst thing they can do is say no. Most medical providers have so much allotted each year to write off accounts just like yours. The most important thing is to ask them in PERSON. It is a lot harder for them...
Collections Law: Collection Proof, judgment proof, credit history
judgment proof, credit history, judgment against: Collection proof is similar to judgment proof and garnishment proof. They all mean that if you were sued, there would be no thing to obtain a judgment against. Be careful with these terms, just because of what you ask in the second part of your question;...
Collections Law: Collections, Apex Credit Services LLC, apexcreditservices
Apex Credit Services LLC, apexcreditservices, apex credit services: SDW: Send a validation request to the debt purchasers/collectors as soon as possible. Yes, you should be concerned but, they cannot take your home. The worst they could do is place a lien against the title and they must ontain a judgment against you...
Collections Law: Collections, certified mail, partial payments
certified mail, partial payments, deceptive practices: If you do not have a written agreement with the collection agency, they are not obligated to accept partial payments. By falsely telling you that your checks have bounced, they may be using false and deceptive practices thus, violating the FDCPA. The only...
Collections Law: Two Collections Agencies claiming same debt, better business bureau, certified mail
better business bureau, certified mail, illegal collection: Write both collection agencies and the original creditor, by certified mail, and demand that they send you validation of the debt and inform them that you are exercising your rights under the FDCPA to dispute the debt. Inform the agencies that you are going...
Collections Law: Collections and Credit, Apex Credit Services, Apex Credit Services
Apex Credit Services, Apex Credit Services, LLC: Jon: The answer depends on what type of collection it is and how old it is. For example, an unpaid charge-off to a credit card company that is less than three years old deserves consideration. Simply zeroing out the balance can increase your scores....
Collections Law: Confused as hell., fdcpa laws, corespondence
fdcpa laws, corespondence, awile: Well, your dumb attorney wasn t so dumb after all when he told you to wait for the summons. I say wait for the summons this time too. Why would you jump up and down and wave your hand at the process server? That December court date is strictly tentative and...
Collections Law: CREDIT CARD DEPT, creditwrench radio talk show
creditwrench radio talk show: Although the solution (how to do it) is fairly complicated what you should do is simple. You must file a response to the summons and complaint. Of course you will also need to prepare a certificate of mailing, file your response with the clerk of the court...
Collections Law: Credit Card, bureaus de credito, nada
bureaus de credito, nada, de nada sirve: Su ex novio agarro su information personal y uso para abrir 2 cuentas de tarjeta de credito? Entonces El ha hecho dos actas criminales y la unica maneras de escapar de ls consequencia y mantengar su credito lo mas limpio posible sera pagar todo pronto o hacer...
Collections Law: Credit Card cancled payments, confirmation number, bottom feeders
confirmation number, bottom feeders, type situation: I am afraid I have never heard of this type situation. I would send the company that purchased the debt a certified letter telling them exactly what happened. Inform them that you have a confirmation number verifying what you say is true. It would be great...
Collections Law: Credit Card Default, bank of america credit card, writting
bank of america credit card, writting, bank of america: I do not know if they will wait until February for the payment; that will be something you will have to negotiate with them. A settlement is always a possibility but, there again, you will have to negotiate with them. The best policy is to write them a certified...
Collections Law: Credit Card Default & bankruptcy, post dated checks, debt collector
post dated checks, debt collector, michael moore: Kathi, I would like to talk to you about possible solutions. Please email me at Mike.Moore@ontfg.com. In your email please include the answers to the following. Name of creditor Interest rate When was the last time you made a payment? Is...
Collections Law: Credit Card lawsuit, apex credit services, apexcreditservices
apex credit services, apexcreditservices, apex credit services llc: Michelle: I would simply file a Motion to Dismiss, or 12b6 insofar as the Plaintiff states a claim upon which relief cannot be be granted. In other words, they have no proof. Apex Credit Services, LLC http://www.apexcreditservices.co...
Collections Law: Credit card Debt from deceased Spouse, florida attorney general, office of consumer affairs
florida attorney general, office of consumer affairs, personal belongings: First, let me offer my condolences for the loss of your wife. I am pretty sure you can not be held responsible for the debt. However, they can file a claim against the estate and that is where you will need legal help. Check with an estate attorney and...
Collections Law: Credit card debt, debt collection practices, fair debt collection practices
debt collection practices, fair debt collection practices, fair debt collection: Cheryl: Your recourse is that you do not have to pay this bill. If your last payment on this card was really a decade ago, the debt is past the statute of limitations. The SOL is any law which fixes the time within which creditors must take legal action...
Collections Law: Credit card debt and bankruptcy, Jason Wade Barnette, Barnette Law Offices
Jason Wade Barnette, Barnette Law Offices, Tennessee Consumer Attorney: Kimberlee: No, the things you ve been told are completely wrong. It sounds as you have no choice but, to file BK 7. Everything except child support and in most cases, student loans may be discharged. Jason Wade Barnette ...
Collections Law: Credit Scoring, high interest rate, fico score
high interest rate, fico score, credit card payment: Tina, It s not just making your payments on time that will increase a Fico Score. 1. Applying for loans will drop the score 2. Ideally you want to maintain 25% balance vs. 75% available balance 3. Inquiries will reduce the score Without really...
Collections Law: civil action for credit card debt, pennsylvania attorney general, attorneygeneral gov
pennsylvania attorney general, attorneygeneral gov, scare tactic: I would offer the settlement to them and they should accept it but, before I sent a dime, I would ask for them to comply with the FDCPA and furnish you validation of the debt and that they report it to the Credit Bureaus as disputed. Send this letter certified...
Collections Law: collection, money judgment, auditors office
money judgment, auditors office, mortgage bank: Good question. I would need some background information concerning the judgment but I will try to help. If you have a money judgment and you can locate any assets such as real estate or bank accounts you may attach a lien against them or force the sale...
Collections Law: collection of summary judgement, creditwrench, judge
creditwrench, judge, lawsuit: If a summary judgment is awarded? There isn t any if to it unless you start learning how to deal with the situation in a realistic way. And no, when the judgment is awarded to the plaintiff the judge will not set the amount they can take. State and federal...
Collections Law: collections, consumer protection act, kirk hope
consumer protection act, kirk hope, credit card debt: Kirk: Hope all is well. Before I answer your question I need to know: 1) What is the name of this servicing agent . There is a good chance the name alone would tell me if they work for the original creditor or if the debt is now owned by someone else?...
Collections Law: collections law, Jason Wade Barnette, Barnette Law Offices LLC
Jason Wade Barnette, Barnette Law Offices LLC, Tennessee Lawyer: Mary: An unsecured creditor cannot force the sale of your home. The can place a lien against the title if they obtain a judgment against you. They can levy your accounts thus, I would advise you to go with some type of online bank that they would...
Collections Law: collections letter received, never notified of money owed, collections agency, jury duties
collections agency, jury duties, compliance department: Carrie: From what I can find out, as long as the original creditor owns the debt, they can place it with a collection agency with no notice. If they are going to place it with a collection agency (my specialty) they have to give you a 30 day notice. ...
Collections Law: court summons, judgment proof, garnishing wages
judgment proof, garnishing wages, court summons: Fear not. This is a civil matter and they cannot take your income or your belongings. You are exempt from attachment. In other words you are what is considered judgment proof . The worst thing that can happen is they will probably get a judgment against...
Collections Law: court summons,possibly past statue of limitations, creditwrench, summons
creditwrench, summons, lawsuit: Can I explain briefly how you can use the graduated denial? Not in a public forum I can t. Far too involved for that. You have to file it with the court is about all I can tell you in forum. Can I help you with it? Yes, but again not in a public forum of any...
Collections Law: credit card, credit cards bills, c company
credit cards bills, c company, money in the bank: Obtain a judgment execute it and involve the sheriffs office to perform a sheriffs sale. Place a lien on assets the list is long. If you would like to speak about this please contact me at Mike.Moore@ontfg.com Ontrack Financial Group Https://www.OntrackFinancialGroup.co...