| Subject | Date Asked | Expert |
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| Ohio debt collection | 11/20/2009 | Jason Barnette, Esq. |
Q: I lost my job and subsequently my home foreclosed (I'm single, no dependents). I'd taken out a loan ...
A: Deborah: All they can do is sue you. You seem judgment proof insofar as you have no assets. In ...
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| pay day loans. | 11/20/2009 | Jack Hall |
Q: "I live in NY and had some payday loans that I was unable to pay back due to a bank account issue. ...
A: It is not a felony. It is not a misdemeanor. It is not a crime. period. They could sue you ...
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| being sued by LVNV | 11/20/2009 | Regan Shinski |
Q: I have a credit card debt that has been sold to LVNV and I have received a summons to appear in ...
A: Rich: You can't go to jail under ANY circumstance unless you committed a crime. The only possible ...
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| pay day loans. | 11/20/2009 | Jack Hall |
Q: "I live in NY and had some payday loans that I was unable to pay back due to a bank account issue. ...
A: She is lying just trying to get you to pay. Don’t pay her or her company anything. This involves ...
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| Transfer auto loan to a collector | 11/20/2009 | Regan Shinski |
Q: I received a letter from ACC finance that my loan was given to a collection agency was not late on ...
A: I'm not sure. It depends on exactly what happened. If the creditor is just using a third-party to ...
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| False swearing on a lien | 11/19/2009 | Jason Barnette, Esq. |
Q: In general, what is the disposition of courts when it can be demonstrated that a person, having ...
A: Richard: The lien would be removed and the person committing perjury may be prosecuted unless he ...
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| Repo | 11/19/2009 | Regan Shinski |
Q: I purchased a car in Florida that I can no longer afford. I recently registered it in Texas (where ...
A: I'm sorry you are in this situation and they won't negotiate further. You really don't have a lot ...
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| Response to Interrogatories | 11/18/2009 | Creditwrench |
Q: I got a summons on a debt I owe to the Bank of America for approximately $10,000 in September of ...
A: You need to be able to prove when you made your last payment to the creditor,Add 30 days to that and ...
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| double "negative" reporting on credit report | 11/18/2009 | Regan Shinski |
Q: I had a collection on my report from 2003 which was due to come off in February 2010. About 5 months ...
A: If it is truly a debt with the date of first delinquency in 2003, it should fall off 7 - 7.5 years ...
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| Capital One | 11/17/2009 | Ontrack Financial Group llc |
Q: I have gotten several letters from lawyers telling me I am being sued by Capital One, yet I have not ...
A: What you're receiving is the equivalent to ambulance chasers. Bankruptcy attorneys are raiding ...
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| garnishment | 11/17/2009 | Regan Shinski |
Q: Two Questions: 1- I just recently won a case for a judgement. How do I place a judgement on a ...
A: You, personally, cannot place the judgement on a consumer's credit report. However, it will likely ...
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| unsecured credit | 11/17/2009 | Regan Shinski |
Q: The last question that I have is how can an unsecured line of credit such as a credit carding win a ...
A: You are confusing secured credit with a court ordered judgement. Secured credit is for things like ...
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| foreclosure | 11/17/2009 | Jack Hall |
Q: I live in PA (overseas in Australia now); can a creditor for credit card debt have the right to take ...
A: Technically speaking, if a creditor had a judgment against you it would be ajudicial lien against ...
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| Tenant Laws | 11/16/2009 | Chris Ebert |
Q: I had to evict a tenant in Texas with a home I own. They currently owe me 5000 and I would like to ...
A: Ms. Lockett, You have brought up a few issues here. Let's take them one by one. 1) Collection -- ...
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| Telephone harassment by creditor | 11/16/2009 | Regan Shinski |
Q: I would like to know what to do about this: For more than 3 months (as long as I've had my new ...
A: This kind of falls under the category "I know it's annoying but not big enough to do anything ...
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| 3 year old debt | 11/16/2009 | Creditwrench |
Q: when I was 19-20 years old, I opened a credit card with Chase Bank and maxed it out (I know, dumb ...
A: Sorry to hear of your problems. I'm sure you really didn't need this one added on to the rest of ...
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| Letter of Protection/Collections | 11/16/2009 | Regan Shinski |
Q: My wife was involved in a car accident in which the other driver was cited. She had injuries and was ...
A: This really depends on what you are calling a "Letter of Protection." This term has kind of grown ...
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| Sued by original creditors for credit card debt | 11/16/2009 | Creditwrench |
Q: I live in Illinois, and I was sued by Chase, Discover, and Citibank for credit card debt. I was ...
A: Filing BK is never a good idea. Too expensive and too many problems that can't be resolved by BK. ...
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| Old .. BofA account that I thought was long gone! | 11/15/2009 | Creditwrench |
Q: .... Im worried sick about this. I had a 3000 Dollar credit card from Bofa. Six years have gone by ...
A: Six years have gone by since you made your last payment to the creditor? Arizona statute of ...
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| exemptions from garnishment | 11/14/2009 | Regan Shinski |
Q: I live in Florida and am currently unemployed and collecting unemployment.I have approximately ...
A: Certain things are at risk. You can claim up to $1,000 in personal property, primary place of ...
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| Garnishment | 11/14/2009 | Jack Hall |
Q: Can a debt collector or attorney garnish unemployment compensation or freeze your bank account ...
A: This is not necessarily a yes or no question. First, some states, and I believe Florida might be ...
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| Landlord Tenant collections | 11/13/2009 | Jack Hall |
Q: I recently moved out of an Apartment in KY, having satisfied the lease terms and agreements. I ...
A: You should write them a letter and tell them exactly what you have said here (that you left the ...
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| Loan Sent To Collections After Bike Was Reported Stolen | 11/13/2009 | Regan Shinski |
Q: I had a 2007 Kawasaki ZX6R motorcycle. I had purchased it from a dealer "new" in California. I had ...
A: For the record, they are under no legal obligation to delete accurate information - which it sounds ...
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| Aparment | 11/13/2009 | Jack Hall |
Q: This was back in 2006 when i move in to a townhouse. When i moved in the walk through was done. ...
A: Normally, the way to handle something like this would be to bring a lawsuit against them (perhaps in ...
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| Judgment I won against a corporation | 11/13/2009 | Jack Hall |
Q: I have a judgment I won against a corporation located in FL. I'm in MD and this is where the ...
A: It is unlikely you will have to bring an independent lawsuit since you already have a judgment. You ...
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| Judgment I won against a corporation | 11/13/2009 | Regan Shinski |
Q: I have a judgment I won against a corporation located in FL. I'm in MD and this is where the ...
A: I believe you have options to avoid re-trying the case, however they are not guaranteed to work. It ...
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| no notice | 11/13/2009 | Regan Shinski |
Q: My wife and I left our apartment complex in July and moved. We gave a forwarding address to the ...
A: If it is as you say, it appears your landlord is in error and you should be entitled to a complete ...
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| judgment | 11/13/2009 | Jack Hall |
Q: A judgment had been file against my mother in the Bronx court of New York, I added her to my ...
A: I saw your question in the question pool and had a few suggestions as to how you might be able to ...
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| How to deal with a court judgement? | 11/12/2009 | Ontrack Financial Group llc |
Q: I JUST FOUND OUT THAT I HAVE A CIVIL COURT JUDGEMENT AGAINST ME THREE YEARS AGO FROM A OLD CREDIT ...
A: If you were NOT PROPERLY SERVED with plaintiff's claim, you have 180 DAYS from the date you ...
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| Loan Collections | 11/12/2009 | Jason Barnette, Esq. |
Q: I took out a loan for $2000 in 1994 in California, and carried on paying the monthly payments and ...
A: Claire: The statute of limitations has ran on this debt insofar as they would get a lawsuit ...
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| civil lawsuit | 11/12/2009 | Creditwrench |
Q: I have a civil lawsuit against me in the state of Florida for an old credit card debt (sold to ...
A: How old is the debt? When did you make your last payment to the creditor. That has to be the first ...
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| How to deal with a court judgement? | 11/12/2009 | Ontrack Financial Group llc |
Q: I JUST FOUND OUT THAT I HAVE A CIVIL COURT JUDGEMENT AGAINST ME THREE YEARS AGO FROM A OLD CREDIT ...
A: You have a few options. You could file a motion to vacate the judgment for improper service. ...
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| Recover Funds collected | 11/12/2009 | Jack Hall |
Q: I really hope you can point me in the right direction. Wife and I live in NJ. Wife had a Capital ...
A: Patrick: Under these circumstances, you might be able to do better than just a small claims action. ...
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| 1099c question | 11/11/2009 | Creditwrench |
Q: my name is brandy. i live in texas and i purchased a car in 2001 in the state of texas. i ...
A: I suppose they might do that but I tend to think that is more of an idle threat than anything ...
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| Wage attachment | 11/11/2009 | Ontrack Financial Group llc |
Q: I have a judgment for about $3000 against a lady who makes about $300 a week. How much is the ...
A: Honestly probably nothing, the lady may be exempt from garnishment. Check with your state law for ...
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| change dismissal without prdjudice order | 11/11/2009 | Ontrack Financial Group llc |
Q: I was served to appear for a cc debt, the plaintiff postponed from June till November for discovery, ...
A: Excellent question. It depends on when the dismissal occurred. Generally, a plaintiff can dismiss ...
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| Vehicle Repossesion | 11/11/2009 | Jack Hall |
Q: My vehicle is financed in the state of Virginia. My last payment was 2 weeks late. The creditor ...
A: If you miss a payment, even if it is not yet 30 days late, there is nothing to keep a creditor from ...
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| credit | 11/11/2009 | Regan Shinski |
Q: I discovered my ex husband took out several credit cards in my name solely without my knowledge ...
A: Again, this is one of the more complicated areas of divorce law and this is not the best forum to ...
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| ???? | 11/11/2009 | Chris Ebert |
Q: How do you find out who is serving you with papers ?
A: Tyrone, When you accept the papers you will know and should have time to consult with an attorney ...
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| Debt collections hearing and more | 11/11/2009 | Creditwrench |
Q: I went my court hearing for my cc debt. The judge ordered the plaintiff to bring in other proof for ...
A: What is next? That can depend on you and what you decide to do about it. If you decide to do nothing ...
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