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Collections Law/Questions

SubjectDate AskedExpert
Case 08-2-08432-46/2/2012Ray A Miller
  Q: Why was I not told about this outstanding bill with CAPITAL ONE. I want to PAY all of my bills. I ...
  A: I do not really see a question here but if I were you, I would contact Capitol One with the ...
13 year old repo garnishment summons5/31/2012Steve Katz
  Q: In 1998 I was the co-signer for my now ex husband for a car in Virginia. The car was repossessed in ...
  A: There are some inconsistencies and missing information in the story you relate. First, were you ...
Consent Judgement5/30/2012Michael T. Hertz
  Q: had my court day for a credit card debt.I initially denied all claims but afterwards just didn't ...
  A: I think you lucked out -- the homestead exemption is $75,000 in Mississippi (so long as the property ...
Consent Judgement5/30/2012Michael T. Hertz
  Q: had my court day for a credit card debt.I initially denied all claims but afterwards just didn't ...
  A: That would be a good idea if you can do it. Just tell them that if they press too hard, you have ...
Consent Judgement5/30/2012Michael T. Hertz
  Q: had my court day for a credit card debt.I initially denied all claims but afterwards just didn't ...
  A: From your description, it would appear that this is a judgment that provides for the $40 a month ...
Mortgage fraud5/28/2012Brian Pitcher
  Q: This situation happened about a year ago. I answered an ad promising to give people with bad credit ...
  A: Hey Mya, I hate to hear stories like yours. To be honest you should do both. Filing a complaint ...
2nd mortgage collections5/26/2012Ray A Miller
  Q: I have a 2nd mortgage with gmac for 20,000. I was working with them for a modification and it was a ...
  A: I would send them the information but attach a letter demanding that you not be contacted at your ...
Am I liable for 21 year old sons medical bills5/23/2012Ray A Miller
  Q: My son owes a lot of money to a hospital for ER visits. He was over 21 when this occurred and signed ...
  A: NO! Just because you carry insurance on someone does not make you liable for any expenses. The age ...
Certified Mail5/21/2012Steve Katz
  Q: My company is looking to save money and two questions can about. 1. Can we charge the loans for any ...
  A: No and No. If you are a Debt Collector as defined by Federal Fair Credit Reporting Act then ...
Misrepresentation of Debt by Creditor on Judgment5/18/2012Steve Katz
  Q: I have two judgments filed against me by the same collection agency, and as a result my pay was ...
  A: Whether you trust them or not is irrelevant. They have a Judgment against you and until they see in ...
Payday loan Company that was banned from doing business in my state, am I still liable?5/17/2012Steve Katz
  Q: I had done business with a payday loan company as a last resort,while I would borrow 500 and then ...
  A: Your question does not clearly state whether you in fact owe the amount or not. The sale of a loan ...
Payday online loan5/14/2012Steve Katz
  Q: I took out a payday loan in 2010 and got trapped in the cycle, and found I could not pay it back, of ...
  A: Payday Loan companies are notorious for making this type of threat. Unfortunately, as they are the ...
collection payday loan5/12/2012Ray A Miller
  Q: live in mass. i recently took out some payday loans and was unable to pay back when they ...
  A: It sounds like they are using scare tactics. The Attorney Generals office would have written you a ...
collection payday loan5/12/2012Ray A Miller
  Q: live in mass. i recently took out some payday loans and was unable to pay back when they ...
  A: First, pay these bottom feeders off as soon as possible. Next, report the details you have ...
Wrongfully sent to collections5/3/2012Ray A Miller
  Q: I am contacting you in regards to a incident that occurred with my girlfriend, Sarah. She was ...
  A: Since she did not receive any services, she is not liable for any payment. She should dispute this ...
Collection/Bad Debit Payment Agreement5/1/2012Steve Katz
  Q: I received a letter from an Attorney acting as a Debt Collector. It was for a debt that is 5.5 years ...
  A: The attorney is simply doing all he can to eliminate any ability you have to fight him in Court. The ...
wrongful report of judgement4/29/2012Ray A Miller
  Q: I am wondering how to approach this suit or if I have a suit to approach. I was managing properties ...
  A: If you have a letter from the court house stating that this should be removed from your credit, you ...
Medical collections4/28/2012Bankruptcy Services
  Q: A good friend of mine received a summons today, she is being sued for around $500 in unpaid medical ...
  A: You said that you told her, "I told her that the best thing to do is to appear and plead her case ...
Commuity propterty debt4/27/2012Steve Katz
  Q: After a divorce in AZ, a community property state, can I be liable for my ex spouses credit card ...
  A: If the debt was incurred before the marriage and is in her name alone then it generally is not ...
Payday loan collector4/26/2012Chris Ebert
  Q: I got a call from a 3rd party collector today stating that I owed them $1400.  He said I had a ...
  A: Cathy, Payday loan collectors tend to be more aggressive than other types of debt collectors. They ...
Medical bill collection4/24/2012Ray A Miller
  Q: I live in Wisconsin.I have paying $50.00 a month to my medical facility for the prenatal care and ...
  A: The collection agency can and probablly will place this on your credit history. If you have ...
commercial collections4/20/2012Steve Katz
  Q: i had a collector from a company i owe money to tell my employee of the debt and also threat them ...
  A: Federal Fair Debt Collection Practices Act (FDCPA) protections do not apply to commercial accounts. ...
"scholarship" payback4/20/2012Steve Katz
  Q: In 2001, I signed a "scholarship" agreement for my place of employment to pay for my tuition. In ...
  A: The Statute of Limitations on a debt to a prior employer would be the same as any other debt in your ...
Wage garnishment4/18/2012Michael T. Hertz
  Q: I have a judgement against me and the debt collector is threatening with a wage garnishment. I am ...
  A: Wage garnishment is only one means of collecting on a debt. Basically, it is a form of levy made ...
business owner dealing with non payment.4/16/2012Chris Ebert
  Q: I own and operate a mechanic repair shop in Texas, and I am currently dealing with several deliquent ...
  A: Danni, This is more than we can offer in this type of forum and do you justice. It would be best to ...
Charge-off and Collection4/14/2012Ray A Miller
  Q: I had a credit card account with Columbus Bank and Trust that was charged off back in 2007 while I ...
  A: They both can report this item on your credit but both should be reporting it as paid in full. ...
Subrogation/Collections4/10/2012Chris Ebert
  Q: I live in Texas and was recently involved in an auto accident that I was found at fault for. I ...
  A: Kevin, Generally, fighting a subrogation claim is difficult in Texas. If they do not receive ...
Repercussions of Foreclosure4/7/2012Brian Pitcher
  Q: I have made the decision because of various reasons that I will Foreclose on my home. My question is ...
  A: Hey Scott Sorry for the delay in the response as it was Easter Weekend. Its sounds to me like a ...
Repercussions of Foreclosure4/5/2012Brian Pitcher
  Q: I have made the decision because of various reasons that I will Foreclose on my home. My question is ...
  A: If you let your home foreclose, the lender can either sue you for the difference or they can forgive ...
Statute of Limitations on Credit Card Debt4/2/2012Ray A Miller
  Q: I get collections letters from LTD Financial about settling an outstanding debt. This seems to stem ...
  A: The only way to restart the clock is to make a payment. They can sell the account again and again ...
Statute of Limitations on Credit Card Debt4/1/2012Ray A Miller
  Q: I get collections letters from LTD Financial about settling an outstanding debt. This seems to stem ...
  A: The statute of limitations in NJ on a credit card debt is 6 years. After 7 years this account is ...
Being sued for medical bills that i'm currently making payments on.4/1/2012Steve Katz
  Q: My question is Can the original debtor still sue me for hospital bills that I'm currently making ...
  A: Can they? They are. I have a feeling one of two things is happening: 1: Either the hospital ...
Can creditors touch a safe deposit box?4/1/2012Bankruptcy Services
  Q: I have minor credit issues and I thought no one can go into anyones ssfe deposit box? Is thos true? ...
  A: Not necessarily. It is possible that if a creditor obtained a judgment against you, and then, ...
collection agency3/31/2012Michael T. Hertz
  Q: I got behind on a retail credit card and before it went to over 90 days I called them and requested ...
  A: It doesn't sound normal. Furthermore, if you made an agreement to pay a specific sum and you ...
Debt Question3/27/2012Michael T. Hertz
  Q: by pure luck I run my credit report a month ago and I was surprised to found in the public record ...
  A: This is a complex situation legally, and I need to know these facts: 1. When was the last time a ...
Debt Question3/27/2012Michael T. Hertz
  Q: by pure luck I run my credit report a month ago and I was surprised to found in the public record ...
  A: I suppose my first question is whether you were properly served with the original complaint that ...
medical billing3/23/2012Ray A Miller
  Q: I was unaware that I medical bill that was back in 2005 and until recently I was informed that I ...
  A: The only thing I can suggest is that you call the doctor's office and throw yourself on their mercy. ...
line of credit -collections debt3/16/2012Ray A Miller
  Q: One for 25,000 and one for 17,000. Both of these are personal unsecured lines of credits under my ...
  A: The best thing you can do is stay in touch with them and try to set up a repayment plan satisfactory ...
Unsecured line of credit debt3/16/2012Chris Ebert
  Q: One for 25,000 and one for 17,000. Both of these are personal unsecured lines of credits under my ...
  A: Trina, It is been my experience that credit unions in Texas are more aggressive in collecting ...
Collection suit3/15/2012Steve Katz
  Q: I was served papers on a old credit card debt. Citi bank sent me a 1099-c for 36,000 back in '09. ...
  A: You have two possible defenses here - one is that the debt has already been forgiven and you in fact ...

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Ray A Miller

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Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

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