| Subject | Date Asked |
|
| Payday Loan | 6/26/2009 |
Q: I took out a online pay day loan from a company based out of TX. I've fallen behind on my payments, ...
A: Brian: No, it is merely a breach of contract which is a civil matter. If you're in Tennessee, ...
|
| Credit score without SSN | 6/25/2009 |
Q: I am an international student without SSN. In the past I had an incident where I did not pay a bill ...
A: KB: You may already have a credit report if the debt collector reported it under your name and ...
|
| Collection abuse | 6/25/2009 |
Q: I need advice regarding a letter I received yesterday. In 2004, my husband and I suffered a ...
A: Helen: Maybe but, you could plead res judicata and collateral estoppel. Doubtful it would work ...
|
| cease and desist , Bank of America | 6/24/2009 |
Q: My wife and I both owe money to B of A, we both are unemployed now and can't afford the c.c. bills. ...
A: Richard: Under federal law, a letter informing an entity to cease communications only applies to ...
|
| lein/collection agency | 6/23/2009 |
Q: I had surgery 12/08 (auto accident) the Dr insisted on going on the lien. I had to pay him 5000.00 ...
A: Kiki: You have two options. One, you can dispute all those tradelines through the credit reporting ...
|
| Credit card judgement | 6/14/2009 |
Q: I was sued in small claims court over a CC debt. I never recieved any notification of the case. ...
A: Drew: You need to retain counsel to file a Motion to Vacate the judgment. If you're in Tennessee, ...
|
| Pay or wait? | 6/9/2009 |
Q: I have recently pulled my 3-in-1 credit report and found that the three has conflicting information ...
A: Jason: Sounds like you need an attorney to deal with the furnishers of information and the credit ...
|
| Paying on OLD car loan. | 6/8/2009 |
Q: Back in November of 08', I received a bill from a collection agency for about $4300.00. I called the ...
A: Renee: Unless you're in a very strange state in terms of the statute of limitations, it has ran. ...
|
| I received a Civil Summons from Midland Funding/Citibank | 6/4/2009 |
Q: I received a Civil Summons yesterday and don't know what to do. I lost my job in 2007 and tried to ...
A: You present many questions. Generally, no, SSD or SSI cannot be garnished. Just to be safe, I ...
|
| Slow Pay Order | 6/4/2009 |
Q: I live in Tennessee. My condo association has a judgment for past association dues. The judgment ...
A: Robert: My inclination is yes. In other words, I think you're correct. Since you're in Tennessee, ...
|
| Re: Bank of America's summons | 6/1/2009 |
Q: Today I got a rather disturbing and loud knock at my door by a sheriff's official with a summons ...
A: Randy: You may certainly ask for an installment arrangement. Jason Barnette, Esq. Barnette Law ...
|
| Re: Bank of America's summons | 5/30/2009 |
Q: Today I got a rather disturbing and loud knock at my door by a sheriff's official with a summons ...
A: Randy: To begin, no, you cannot be incarcerated for this civil action. That said, the statute of ...
|
| What Are the Documents pertaining to Rent to Own Laws? | 5/29/2009 |
Q: In the Answer to the Following Question you stated Article 9, But did not state Article 9 of what ...
A: Art: I was referencing Art. 9 of the Uniform Commercial Code. Please do not hesitate to contact us ...
|
| Sued by an original creditor | 5/29/2009 |
Q: I received a civil summons from an original creditor. The summons says I owe them a little more than ...
A: Mary Jo: Presuming your credit report is accurate, you are correct in that this is a time barred ...
|
| collection | 5/28/2009 |
Q: can a law firm demand checking info over the phone and post date it they said this was the only way ...
A: Doug: No, demanding or accepting a post dated check is a FDCPA violation. If you're a resident of ...
|
| Old charged off credit cards | 5/27/2009 |
Q: I had a credit card when i was very you. I was in college and away from home and I did not have any ...
A: Sharon: 1) Legally, no, the FCRA proscribes this. However, debt purchasers are known to do this on ...
|
| collection | 5/24/2009 |
Q: Received a letter in the mail yesterday from a law office for a credit card dept, Capitol One. I ...
A: Ken: Unfortunately, yes, statements will generally suffice to form a chain of evidence. Please do ...
|
| Judgments | 5/23/2009 |
Q: I have been working with a number of small businesses over the years. A few of them owe me a ...
A: Steven: Provided that you are a resident of Tennessee or if your business is in Tennessee then, ...
|
| Re-aging a debt...do I have proof? | 5/14/2009 |
Q: I am in Kentucky and am being sued for a debt that I believe to be beyond the SOL. I did use this as ...
A: Bethany: If you already filed an Answer, which I presume you did, you cannot file a MTD. However, ...
|
| HARRASSING CREDITORS | 5/10/2009 |
Q: If I'm enrolled in a creditors repayment program and have made regular payments on time each ...
A: L: Are you under Bankruptcy protection; i.e., Chapter 13, or consumer credit counseling services. ...
|
| 2rd party harassment | 5/5/2009 |
Q: What can I do to stop my relatives' bill collectors from calling me. My name and telephone number ...
A: Cheryl: Send them a written communication to this effect. If that fails, consult an attorney. If ...
|
| Can a Collection agency charge interest ? | 5/4/2009 |
Q: I have a credit card debt that was bought by a collection agency in Mar'06. They never sent me any ...
A: AS: You may try to contact Len Bennett in terms of an attorney or Apex Credit Services, LLC, for ...
|
| I turned my car in. | 5/4/2009 |
Q: I bought a 2003 Sebring LX that was a problem mechanically from the first week I bought it, it ...
A: Rosary: You are only obligated for any deficiency between the note balance and what they sold it ...
|
| SUED OVER MEDICAL DEBT THAT'S BEING PAID | 5/2/2009 |
Q: Husband went to er in 3/09. insurance paid all except $360. they turned it over to collection. ...
A: Stacy: If they prevail, yes, you will have to pay the court costs and fees. However, you should ...
|
| Capitol one and GS services collecting the same account, two different letters | 5/1/2009 |
Q: I was past due three months on my Capitol one account and I received a letter from a GC Services ...
A: Mayela: Pay the amount due to bring the account current. A 90 day late is far better than a charge ...
|
| Lien | 4/28/2009 |
Q: If my Fiancee' of 10 years has a 4 wheeler voluntarily repossed (the debt is only in his name) but ...
A: Lisa: Yes, they can attach your real property and levy your accounts but, only after the obtain and ...
|
| Can a Collection agency charge interest ? | 4/24/2009 |
Q: I have a credit card debt that was bought by a collection agency in Mar'06. They never sent me any ...
A: AS: It depends on whether the right of assignment allows it. Generally, it doesn't. Moreover, the ...
|
| Received lawsuit summons. I'm on probation | 4/23/2009 |
Q: I received a summons today, delivered by sheriff, of a lawsuit filed by a collection agency against ...
A: Todd: Insofar as this Summons is civil in nature it should have no bearing on your probation ...
|
| FCRA and Validation of Debt | 4/22/2009 |
Q: In 2001 I had a credit account with a bank. The card number was compromised when bank owned ...
A: Jennifer: I would advise you to consult with a consumer attorney. Litigation seems the only ...
|
| Cease and Desist letter's | 4/20/2009 |
Q: I am in debt to several credit card companies to the tune of around $15,000., and am now disabled ...
A: Barbara: You are free to send the communications however, only debt collectors are bound to honor ...
|
| Removing Lease Finance Group Adverse Account on Credit Report | 4/18/2009 |
Q: In 2003 I paid a contract off early with Lease Finance Group, Inc. (LFG) Per their contract for ...
A: Susan: You have rock solid violations of the FCRA against both Trans Union and the furnisher of ...
|
| Lien on Home follow default of Business Loan | 4/18/2009 |
Q: I will be defaulting on a business loan that I had personally guaranteed. What, if anything, does ...
A: John: They must first obtain and execute a judgment; i.e., they must sue you and win. If you're in ...
|
| Zombie Debt | 4/17/2009 |
Q: I had a credit card charge off 14 years ago. I have not made a payment since 1994. I now see that a ...
A: Valerie: 1) Go to the National Association of Consumer Advocates. Daniel Edelman is an excellent ...
|
| accord and satisfaction | 4/17/2009 |
Q: Tennessee: Patient of low-income clinic w/10% repayment rate. Had referral to specialist. Specimen ...
A: Pat: You may have a valid case under Tennessee law but, right off the top of my head I do not ...
|
| Zombie Debt | 4/15/2009 |
Q: I had a credit card charge off 14 years ago. I have not made a payment since 1994. I now see that a ...
A: Valerie: Honestly, I would advise you to retain counsel and institute a civil action against the ...
|
| Collection Agency | 4/15/2009 |
Q: I have unsecured debt and have not made a payment since 2007. The credit card company has sold ...
A: Gayln: I am sorry to be the bearer of bad news but, you've been given bad advice. You no longer ...
|
| Harassment | 4/14/2009 |
Q: Mr. Barnette I received a call from someone claiming to be Cynthia Benavides, and she asked if I ...
A: Mike: Per the FDCPA, they can call once in order to attempt to locate the debtor. Beyond that, it ...
|
| GARNISHMENT/FIFA | 4/9/2009 |
Q: SUIT FILED IN STATE COURT AND DEFAULT JUDGEMENT GIVEN TO COLLECTION ATTORNEY. I CALLED AND WAS TOLD ...
A: Vastanley: Probably not. At least not in Tennessee. If you're in Tennessee, feel free to contact ...
|
| Auto Loan | 4/8/2009 |
Q: I got a loan for a 2007 wrangler, from a bank. i lost my job and was unable to make payments. after ...
A: Anthony: Unfortunately, you do not have a leg to stand on. Breaking into your garage would or may ...
|
| Judgement notice | 4/8/2009 |
Q: when i first received this letter i disregard because it was not mines. i then call the collection ...
A: Angela: I would first ask the debt collector/law firm which court it was filed in. If it is truly ...
|
| Collector re-aging an adverse credit account | 4/7/2009 |
Q: I have had the same debt from one particular collector for some time. They frequently re-report to ...
A: Michael: Under the FDCPA, a debt collector is only required to send you a copy of something proving ...
|
| Billed 2 years later | 4/7/2009 |
Q: I bought a garage door from a local company. At the time of delivery I gave them a credit card # to ...
A: Ryan: That is a very strange way of billing but, nonetheless, no, you must pay insofar as it is ...
|
| judgment | 4/6/2009 |
Q: I have a collection account for 289.00 ,CA trying to get judgement for 812.87 can they do that?
A: Janet: Likely yes when accounting for attorney's fees and court costs. If you're in Tennessee, we ...
|
| greentree finance | 4/6/2009 |
Q: .seveal years ago, my girfriend bought and was paying on a mobile home, which was financed through ...
A: James: Have your girlfriend send Greentree a request for verification and/or an accounting. In ...
|
| unsecured credit cards | 4/5/2009 |
Q: I lost my job several months ago, and we have a great deal of unsecured credit card debt. My ...
A: Jackie: If you cannot continue to pay your unsecured debt, then by all means seek some Chapter of ...
|
| Sears Credit Card | 4/2/2009 |
Q: My mom made a purchase 13 years ago from Sears. They purchase was for $200.00. The credit line was ...
A: Dawn: No, of course they cannot do this under the law. If you or your mother reside in Tennessee, ...
|
| collector abuse | 3/31/2009 |
Q: Because of the bad economy our construction business went under, we were unable to collect ...
A: Maria: You can sue but, it would be locked into the BK proceeding because it would constitute a ...
|
| collection service or attorneys-at-law | 3/29/2009 |
Q: Would I be able to sue Nathan & Nathan P.C., for being a collection service operating without a ...
A: Sarah: This is a rather in-depth question and therefore, we would need you to come in to our office ...
|
| Collection Agency | 3/28/2009 |
Q: I would like to know how many years can collection agencies continue to harass you in an attempt to ...
A: Ellen: People and companies can attempt to collect debts forever. The statute of limitations ...
|
| Credit Card Company Dispute | 3/27/2009 |
Q: I applied for a credit card online didn't qualify for it. Someone from the company called my and ...
A: James: Sounds as if you're to the point you need an attorney. This is now probably on your credit ...
|
| collector abuse | 3/26/2009 |
Q: Because of the bad economy our construction business went under, we were unable to collect ...
A: Maria: No, they cannot call before 8 a.m. and they cannot threaten to take action which they do not ...
|
| credit report inaccuracy | 3/24/2009 |
Q: I just received a copy of my free yearly credit report and found a few disturbing things. First, a ...
A: Kathleen: Yes, the first scenario you mentioned is legal so long as the data fields are accurate ...
|
| Credit Card Calls | 3/22/2009 |
Q: Are credit card companies allowed to call you multiple times a day. This is not a third party. It is ...
A: Pamela: Under federal law, there is no prohibition against it. Your state code may provide ...
|
| Student Loan | 3/18/2009 |
Q: In the fall of 2003, I tried doing a study guide training for a business administrative degree, my ...
A: Paula: You need to check the statute of limitations for the type of contract you entered; i.e., ...
|
| Collection calls for ex-husband | 3/18/2009 |
Q: Is there any way I can stop collection calls that relate to my ex-husband and his new wife? We have ...
A: Gayle: Simply ask the debt collectors for their mailing address and send them a written ...
|
| Third Position Real Estate Lien | 3/17/2009 |
Q: Can a Real Estate Lien as a result of a Civil Suit Judgement be Foreclosed on, even though there are ...
A: Frank: Generally, no, unless the aforesaid judgment creditor has a PMSI under Article 9 of the ...
|
| Car repossession | 3/17/2009 |
Q: My son son had his car repossessed due to a coding error. The error happened on Monday and his car ...
A: Kellie: Unfortunately, they can just come get it if the note is past due. However, since it was an ...
|
| Collecting on a 9 year old debt | 3/15/2009 |
Q: Received a call from a collection agency in reference to a $4,000 deficiency debt from a car repo ...
A: Brian: I do not know whether the statute of limitations has run under NY law. You will need to ...
|
| CREDIT REPORT | 3/13/2009 |
Q: How do I get Arrow Financial off my credit report and stop Mann Bracken from calling me. I disputed ...
A: Melissa: I am going to forego answering this now in lieu of our upcoming appointment. Thank you ...
|
| collection agencies | 3/13/2009 |
Q: I was out of work for 6 months now have a job not agreat job but a job which I am thankful for. I am ...
A: Carolyn: 1) Get the debt collectors' address and send them a written request for validation of the ...
|
| Old university tuition debt question | 3/12/2009 |
Q: In January of 2002, I resigned early from a university in Louisiana for various reasons, and moved ...
A: Calvin: 1) Yes, they are correct. 2) No, they cannot move forward the date of last activity/date ...
|
| Debt Collection | 3/12/2009 |
Q: My husband and I have a signature loan through Citifinancial. My husband and I both have requested ...
A: Julie: Well, original creditors aren't bound by the FDCPA thus, yes, they can technically call you ...
|
| judgement payments | 3/11/2009 |
Q: i receive a subpoena to appear in court for a creditor and forgot the court date. so, a judgement ...
A: Tammy: Unfortunately, they are in the position of power in this case. They do not have to accept ...
|
| Student Loan Fraud | 3/10/2009 |
Q: I have a very interesting question. I have relative who's signature was forged on a student loan by ...
A: John: My general advice would be for the father to leave it be for now. If however, the loans ...
|
| Alias summons and Statute of Limitations | 3/10/2009 |
Q: I have a credit card debt that was last paid on 07-2002. I was issued an alias summons in November ...
A: Eddie: This is a very complex question. In addition, experts here are only given a limited way of ...
|
| Paying for ex-wife's mistakes | 2/16/2009 |
Q: My ex-wife has apparently stopped paying her credit card bills, and since we once shared my current ...
A: Mike: You need to consult with an attorney in your jurisdiction. If any of these calls are ...
|
| Questions about FDCPA | 2/15/2009 |
Q: I recently got disqualified from an Army job I was selected for credit reasons. More specifically, ...
A: Rob: Paying that debt now will likely hurt your scores inasmuch as the date of last activity ...
|
| Questions about FDCPA | 2/14/2009 |
Q: I recently got disqualified from an Army job I was selected for credit reasons. More specifically, ...
A: Rob: Sounds as if you've brushed up on both the FDCPA and FCRA. It also seems you've came ...
|
| buying bad debt | 2/13/2009 |
Q: I had some old bad debt that I never paid in full, almost all of this debt should have come off of ...
A: Anika: No, such reporting methods are in violation of the FCRA. You first need to dispute the ...
|
| Court summons for unpaid debt | 2/11/2009 |
Q: I received a court summons for unpaid debt of $1500 to home depot. They told me I need to file a ...
A: Kim: You need to file what is called an Answer. Samples can be found by searching Google and ...
|
| collection scam | 2/5/2009 |
Q: I keep getting constant calls from a "collection agency" but I think it's a scam. Is it safe to give ...
A: Jon: Ask them for their mailing address and send them a written request for validation of the ...
|
| Answer to Summons for CJ in Gen Session Ct | 2/5/2009 |
Q: I have trying to find a definite answer to the following: Served a summons on 1-7-09 for a credit ...
A: Marcie: First, you asked if you had to file an answer within thirty days. I advised you that ...
|
| Informed Financial Consent | 2/3/2009 |
Q: I am the business manager for a dental specialty practice in Connecticut. When a new patient comes ...
A: Veta: There is no state or federal statute that I am aware of that prescribes that you must do ...
|
| Judgement-Statute of limitations | 2/3/2009 |
Q: I pulled my credit report the other day and found a judgement that was entered against me in 2007 ...
A: Danny: If you never received a Summons then you can move to vacate the judgment. Moving ...
|
| Judgement | 2/2/2009 |
Q: My wife and I recently had a public water line run to our property. The water authority offer to ...
A: Mike: It is likely that Lexis-Nexus has inaccurately reported this to the credit reporting ...
|
| Credit report inaccuracies | 2/2/2009 |
Q: Wondering what are your rights as an authorizer user. If you were put on a credit card as an ...
A: Elena: Typically, you should be able to simply write to the credit reporting agencies and ...
|
| Multiple attempts collections by mulitple agencies | 1/16/2009 |
Q: In 2001 I voluntarily return my jeep Cherokee to the dealership. I gave my forwarding address since ...
A: Caroline: You're not verifying anything rather, Bank of America is obligated to send you what ...
|
| Statute of Limitations start date | 1/16/2009 |
Q: For the state of TN, what is the date that the Statute of Limitations starts? Is it from when an ...
A: Eddie: The statute runs from the date of last payment to six years. For example, if you last paid ...
|
| Statute of Limitations start date | 1/15/2009 |
Q: For the state of TN, what is the date that the Statute of Limitations starts? Is it from when an ...
A: Eddie: Without some novel exception applying, the statute of limitatons begins to run from the ...
|
| Multiple attempts collections by mulitple agencies | 1/14/2009 |
Q: In 2001 I voluntarily return my jeep Cherokee to the dealership. I gave my forwarding address since ...
A: Caroline: You need to first ask for validation from the debt collectors. Time is of the ...
|
| Debt Collection Civil Suit | 1/13/2009 |
Q: I have a Chase mortgage, equity line and Credit cards. The mortgage and equity line are in great ...
A: Tyrone: Certainly, retaining counsel would be advantageous. If you're in Tennessee, we at ...
|
| What would happen in this case | 1/11/2009 |
Q: What happens when a duel US/Belgium national is order to pay child support and alimony to his ex ...
A: Alexandra: Probably nothing. As you aptly noted, one would have to seek an Order from a ...
|
| sued in wrong jurisdiction | 1/11/2009 |
Q: Is it legal for a collection agency to sue outside of your county of residence? If that is illegal ...
A: Laura: No, it certainly isn't legal and it is a violation of the FDCPA (and FCRA if one your ...
|
| Fianceé's Parents Using her name for Utilities and Dish | 1/9/2009 |
Q: My fiancée's parents have used her credit for the past couple of years for cable, internet, and ...
A: Benjamin: There is unfortunately nothing "you" can do. She, however, can dispute the items on her ...
|
| personal debt vs a LLC | 1/8/2009 |
Q: I have a personal debt with another company, I also own a L.L.C.-A sole Ownership. I was sent a ...
A: William: Generally, no. However, you'll likely have to hire an attorney inasmuch as this creditor ...
|
| Lien on my property | 1/7/2009 |
Q: while seperated from my wife,four years ago,she incurred a credit card debt with capital one,we ...
A: Mr. Lewis: Call your local small court clerk and see if in fact there is a judgment against you. ...
|
| Medical Debt on Sons Credit Report | 1/6/2009 |
Q: My 20 year old son has pulled his credit and there were 3 med. bill from when he was a minor. Two ...
A: Sheri: No, that is a blatant misrepresentation of the ORC. You, as his parent, would be ...
|
| Old Credit Fraud | 1/2/2009 |
Q: My husband has been receiving calls from Riddle & Associates about money he owes for bills from ...
A: Emily: She can certainly be held responsible insofar as this constitutes identity theft, fraud, and ...
|
| Settlement on Car Loan? | 1/1/2009 |
Q: I purchased a vehicle 3 years ago and got a loan from Wells Fargo. My Husband and I paid on time 98% ...
A: Kelly: Unfortunately, you are contractually obligated, as is your co-signer, for any deficency ...
|
| recomend an Attorney | 12/26/2008 |
Q: I was summoned to court in Oct.over a credit card dept, that does not belong to me. I now have a ...
A: Duane: Well, we at Barnette Law Offices, LLC do practice consumer law in Tennessee and based upon ...
|
| Credit card debt | 12/24/2008 |
Q: I am terminal with just months to live. I owe several thousand dollars on credit cards which I ...
A: Ray: They could but, they would have to obtain a judgment first and know where the money is ...
|
| Collection and credit score | 12/22/2008 |
Q: My credit score is being affected a 2004 entry. The entry is from a collection agency and it ...
A: Ian: I would dispute it through the credit reporting agencies and target the date of last activity ...
|
| turning equipment in? | 12/22/2008 |
Q: We have a small construction business and can no longer make payments. The creditor allowed us to ...
A: Lyn: First, do you reside in TN? That aside, yes, it would be better to voluntarily surrender ...
|
| credit card collection | 12/20/2008 |
Q: I defaulted on a WaMu providian credit card. The account went to a collection agency. the agency has ...
A: Cathy: You can attempt to make an arrangement with Chase but, they may refer you to the debt ...
|
| sueing collector | 12/16/2008 |
Q: can I sue a collector who was past the S. O .L term when they served me a judgment and then sued me ...
A: Steve: That is ultimately a question you have to answer but, again, if you reside in Tennessee we ...
|
| Child's medical bills | 12/15/2008 |
Q: My son is covered on my medical insurance; however, he lives with his mother in a different state. ...
A: Greg: You should request validation from the debt collectors reporting this. Moreover, you ...
|
| sueing collector | 12/15/2008 |
Q: can I sue a collector who was past the S. O .L term when they served me a judgment and then sued me ...
A: Steve: Yes, under the FDCPA insofar as it was misleading and deceptive among other other things. ...
|
| collection agency calling to collect | 12/14/2008 |
Q: the later part of 2006 my hubby opened an account with capitol one and became severly sick last year ...
A: Ms. Eva: It is just typical strong-arm collection tactics. You likely have a viable FDCPA ...
|
| old credit card debt | 12/9/2008 |
Q: My sister is receiving phone calls for an old debt that is from the 1980's. In fact when calling ...
A: Shelly: Yes, but you would simply plead the affirmative defense of the statute of limitations in ...
|
| Consumer Credit Transactoin | 12/8/2008 |
Q: 1. If a credit card is in my name and the consumer credit tranaction summons is only presented in ...
A: Mr. Roberts: 1) No, unless you're in a community property state. However, if you have a joint ...
|
| Answer to Summons | 12/8/2008 |
Q: I am writing in regards to the proper format for an "answer" to a summons. I live in Ohio, with my ...
A: Dave: Just copy the format in terms of the caption and deny what you can or move for a More ...
|
| Debt Collector Gave Out Personal Information | 12/7/2008 |
Q: I had a debt collector call my parents house looking for me. My dad answered the phone told the guy ...
A: Amanda: You certainly have a violation of the FDCPA. You need to consult with an attorney in ...
|
| Credit Card Debt | 12/4/2008 |
Q: My husband has a large amount of credit card debt and stopped making payments about a year ago. ...
A: Christy: Yes, it means that Citibank has sued him. He must file an Answer and make an ...
|
| Discover card suing me | 12/2/2008 |
Q: I was just served yesterday by the Sheriffs office, the amount is $7100. My husband and I divorced ...
A: Deb: If you do not respond to the Summons a Default Judgment will likely be rendered against you. ...
|
| Not My Debt... | 12/1/2008 |
Q: About 2 months ago they left a message on my machine along the lines of " If u do not disconnect ...
A: Nichole: In short, you must send them a written communication stating that they shall not contact ...
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| judgement | 11/24/2008 |
Q: my question is, last Friday i went to take money out of my checking account and was told my account ...
A: Thomas: Certainly you could file to vacate the judgment or have it set aside. Then, the underlying ...
|
| Judgment Question | 11/21/2008 |
Q: I have a brother who had a blind & shutter business. He recently had a Judgment entered against him ...
A: Nancy: Yes, in order to prosecute him the District Attorney would have to bring forth charges. ...
|
| repo | 11/21/2008 |
Q: I was laid off from my local Chrysler dealer here in Florida, I can no longer make my car payment ...
A: Laticia: Not to be short but, all you can do is ask. Chrysler is one of the better financiers when ...
|
| Collection from Samples | 11/20/2008 |
Q: I used to work for an outdoor rep group. I left their employment a year and a half ago. I received ...
A: Todd: I am not really certain as to your question whether it is legal for a manufacturer to send ...
|
| Judgement | 11/19/2008 |
Q: I had a credit card judgement against me which I satisfied in full......what can i do to get this ...
A: Tina: You will have to request re-investigations through the credit reporting agencies. Do so in ...
|
| medical collections | 11/18/2008 |
Q: If I see there is no way possible to pay all the medical bills totaling 10,000 can I ask to have ...
A: Rosalyn: It is your statutory right under the FCRA to be able to dispute items on your credit ...
|
| car repossesion | 11/18/2008 |
Q: Our car was taken during the night by the repoman. I am having trouble making the payments and am ...
A: Kassy: Unfortunately, yes, GMAC can do this. The will sale the vehicle at auction per Article 9 of ...
|
| Collection from Samples | 11/17/2008 |
Q: I used to work for an outdoor rep group. I left their employment a year and a half ago. I received ...
A: Todd: You should certainly entertain the notion of speaking to an attorney. If you're in ...
|
| Options | 11/16/2008 |
Q: I was in the US for a few years and had credit cards. I left US back in 2005 as my work visa ...
A: Chowdhury: Your first option is to walk away from the debt. You're in Canada, the companies are in ...
|
| Medical Bills | 11/6/2008 |
Q: I am married. Earlier this year, my husband and I took our daughter to the ER. I am the insurance ...
A: Deanna: Yes, in some states this will happen under the doctrine of necessaries which states that a ...
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| Vehicle Title | 11/5/2008 |
Q: I financed my vehicle with my credit union 2 yrs ago. back in March my credit union sent me my title ...
A: Mark: Yes, they still have the right of repossession under the terms of the contract if you've not ...
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| credit card dept | 11/5/2008 |
Q: will be going to court in two weeks all, the lawyer for capitol one has are statements, no agreement ...
A: Ken: The answer is that they probably do but, you would need to check Wisconsin case law to ...
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| credit cards debt | 11/4/2008 |
Q: I have a business that is in delima because of this economic situation that our country is going ...
A: Frank: Unfortunately, no, I cannot file your petition for you insofar as I am not licensed in ...
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| Question on Motion for Summary Judgment in KY | 11/3/2008 |
Q: I was served a summons back in June, I filed my answer and now I get a Motion for Summary Jud. in ...
A: Ellen: Yes, it would be considered hearsay unless the Affiant is produced in court and is open ...
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| Question on Motion for Summary Judgment in KY | 11/3/2008 |
Q: I was served a summons back in June, I filed my answer and now I get a Motion for Summary Jud. in ...
A: Ellen: The time to file a motion for a more definitive statement has passed insofar as you've ...
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| credit cards debt | 11/3/2008 |
Q: I have a business that is in delima because of this economic situation that our country is going ...
A: Frank: Bankruptcy is probably your best and only option if you're eligible. If you don't seek ...
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| Court Forms | 11/1/2008 |
Q: Can you tell me what forms I need to have a judge review a judgement against me. I want to set up ...
A: Marie: Unfortunately, no, I cannot advise you as to what you may need to submit inasmuch as the ...
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| Bank Guarnishments | 10/31/2008 |
Q: My personal account was levied 1'000.00, which did not meet the full amount, Can my Corporate ...
A: Kevin: I will read between the lines here and presume that your "corporate" business account has ...
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| Debt collections | 10/30/2008 |
Q: I have asked this question with another expert, but still confused. I am in the military and was ...
A: Josh: I seriously doubt that a foriegn phone company would have subscriptions to the credit ...
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| LDG Financial | 10/29/2008 |
Q: I was contacted by LDG financial on June 25. I had never heard of them before nor had I received any ...
A: Richard: LDG Financial is a debt purchaser. They probably bought an old credit card account of ...
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| bankpirtcy/civil summons | 10/28/2008 |
Q: My husband and i went to see a bankruptcy attorney last year but thought we could struggle thruogh ...
A: Chesney: No, it will not prevent you from seeking bankruptcy protection. People include even ...
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| bill collection on old cell phone bill | 10/27/2008 |
Q: 1. Is it true that bill collectors cannot call you after 7 years is up for a bill collection? 2. ...
A: Rachel: No, that would depend on the state in which live and if different, the state where the ...
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| bill collection on old cell phone bill | 10/27/2008 |
Q: 1. Is it true that bill collectors cannot call you after 7 years is up for a bill collection? 2. ...
A: Rachel: No, that is untrue. Seven years is the reporting limit prescribed by the FCRA. A debt ...
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| collectcorp/bank of america | 10/25/2008 |
Q: October 7: I called to complain about collection tactics, was told I was being irresponsible and I ...
A: Jeanna: You certainly would have a case against the debt collector but, a case against Bank of ...
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| judgement on credit report | 10/25/2008 |
Q: My husband has a judgment on his credit due to delinquent credit card. We hired a debt settlement ...
A: Mary: Look at the date filed, docket number, court name, balance, etc., and challenge anything ...
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| Aaron's Rent to Own | 10/23/2008 |
Q: what would happen if i refused to let Aaron's rent to own repo my tv, i live in texas
A: Steven: Under Article 9, they can't repossess the merchandise over your protest. However, they ...
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| judgement on credit report | 10/21/2008 |
Q: My husband has a judgment on his credit due to delinquent credit card. We hired a debt settlement ...
A: Mary: You can always move the court to vacate the judgment on the premise you alleged but, be ...
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| JUDGEMENT & BANKRUPTCY | 10/21/2008 |
Q: HERE IS THE ISSUE. I FILLED BANKRUPTCY UNDER THE OLD LAWS. I BOUGHT MY HOUSE TWO YEARS AGO AND ...
A: Christy: Under the BK code, all debts prior to a discharge are in fact discharged whether or not ...
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| judgement | 10/20/2008 |
Q: had auto 1988 [ga] got in trouble went to prison iyr.,car was repoed 18 yrs later got sued for all ...
A: Lisa: It is really too late to do anything about this now other than simply settling the debt. ...
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| capitalone is suing me | 10/18/2008 |
Q: capitalone is sueing me for $750 and only souce of income is s.s and ssi i dont owe a house or car ...
A: Jay: I would advise you to answer the complaint or arrange a settlement. If the former, you ...
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| Cell phone charge off | 10/12/2008 |
Q: I cosigned for my sisters cell phone plan years ago and had the statements sent to her address. ...
A: Kim: Unfortunately, no, they don't have to contact you before dinging your reports. However, I ...
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| Debt Collection | 10/11/2008 |
Q: I received a letter from Asset Recovery Associates regarding a 13 year old debt. It states that ...
A: Carol: Well, it isn't a bad idea but, I would simply tell them to validate as well as the fact ...
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| payday loans | 10/10/2008 |
Q: I had taken out 3 pay day loans 3 years ago. From what i remember i had paid them all. They after a ...
A: Anna: Contact the new debt collector/purchaser in writing and ask them to validate the debt. In ...
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| past credit problems | 10/9/2008 |
Q: i have had past credit problems with some charge offs. i was remarried 2 years ago. our house in in ...
A: Patrick: No, they cannot touch her or her assets for a debt that arised before you were ...
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| T-Mobile bill dispute | 10/5/2008 |
Q: I was a Suncom customer who was transferred to T-Mobile when the buy out occurred. My first bill ...
A: Rachel: You need to locate their department for Fair Credit Billing Act disputes and send them a ...
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| Summons on credit given to a 17 yr old | 10/3/2008 |
Q: I opened a checking account when I was 17 yrs. old, in high school and no job. The man that opened ...
A: Ryan: Even if you did open the account when you were 17, if you kept it open after reaching the ...
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| Judgements & Credit Report | 9/27/2008 |
Q: My husband has several judgements that are at least 5 to 7 years old but on the credit report it ...
A: Debby: The only thing I can suggest is to try and dispute them off your reports. Unpaid ...
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| Orthodontist Bill sent to Collection Agency | 9/25/2008 |
Q: I am in Knoxville TN. I received a call today from a collection agency about a bill for my ...
A: Krista: Because you are from TN and I practice in TN, I may be able to assist. But, I don't ...
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| repo | 9/24/2008 |
Q: We live in NY. My husband has had auto repossessed voluntarily due to health issues. He is no longer ...
A: Laurie: If the original creditor is calling then the FDCPA does not apply. They can generally ...
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| judgement | 9/22/2008 |
Q: i have a judgement on my credit report and its almost 7 years old. i live in Colorado and i found ...
A: George: An unpaid judgement can stay in perpetuity or for 7 years after the date of payment. I ...
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| Money Garnishment | 9/21/2008 |
Q: I received a letter today saying that a money garnishment had been issued against me. This debt is ...
A: Tonya: Unless they obtained a judgment, they cannot garnish you. Another issue is that ...
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| repo | 9/20/2008 |
Q: We live in NY. My husband has had auto repossessed voluntarily due to health issues. He is no longer ...
A: Laurie: If this is a debt collector, write them and ask them to stop calling. You should not ...
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| Debt collections | 9/20/2008 |
Q: My question is: How many times a day can they call the house and hang up on my mother when I don't ...
A: William: If this is a debt collector and you sent them a letter expressing your desire for them ...
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| legal judgment | 9/19/2008 |
Q: Citibank got a legal judgment against me in 2004 for credit card debt. When I just called them they ...
A: Dan: Check your credit reports to see if the balance is zero with Citibank. If it is, it isn't ...
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| Judgement for auto repossession | 9/19/2008 |
Q: My husband had a car that shows it was charged off as of Nov 2005 on his credit report. However, ...
A: Jan: I cannot tell you how to vacate a judgment specifically in TX insofar as we are a TN firm. ...
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| collections law | 9/18/2008 |
Q: Fellow ASU grad needs advice. I live in Ga. , not a community property state i understand. I have ...
A: Mary: An unsecured creditor cannot force the sale of your home. The can place a lien against ...
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| Old auto repossession on credit report | 9/17/2008 |
Q: I had a car repossessed over 6 years ago. I live in Texas and thought the statute of limitations to ...
A: Peggy: It is really seven and a half years from the date of last payment. That is the law under ...
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| Collection on a debt that was paid | 9/17/2008 |
Q: I had a Speigel account through FCNB. The account went to collections and I paid it off with 3 ...
A: Dianna: First and foremost, you must file an answer. I would consult with an attorney in your ...
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| PAYING OFF ONLY COLLECTION ON CR | 9/16/2008 |
Q: PLANNING ON BUYING A HOME IN 6 MONTHS. I HAVE A COLLECTION FOR $155 ON CREDIT REPORT. DO I PAY IT ...
A: Thomas: That would depend on the age of the collection. If it's two years or more, I wouldn't ...
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| creditors interchange | 9/16/2008 |
Q: i gave them a call an the lady was extremely RUD. i ask her that if my credit limit was $500 an she ...
A: Kari: Yes, you made the right choice. You should never give your checking information to a debt ...
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| Warrant in Debit for a Repo | 9/15/2008 |
Q: I had a vehicle reposed in June, the bank asked for the balance due immediately. I didn't have it, ...
A: Ms. Morris: You should consult an attorney in your jurisdiction insofar as their prayer for ...
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| Summons | 9/14/2008 |
Q: recieved a personal loan from a credit union (I live in GA) in 2001. They claim on in the summons ...
A: Loue: To begin with call the court and check the docket number. If it was actually filed in ...
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| Lawsuit | 9/14/2008 |
Q: You wrote "Then you have a countersuit under the FDCPA. a Summons does not constitute an initial ...
A: Cluadette: Yes, it may constitute validation but you would still have a claim for further ...
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| Credit card debt and bankruptcy | 9/12/2008 |
Q: I have some outstanding credit card debt with 2 credit cards. I was served papers on one of them and ...
A: Kimberlee: No, the things you've been told are completely wrong. It sounds as you have no ...
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| Collection accounts/Judgments | 9/12/2008 |
Q: I had a credit card w/HSBC and it was turned over to a collection agency and was paid in 2006. The ...
A: Tonya: The simple answer is that you need to dispute these items through the credit reporting ...
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| Student Loan | 9/11/2008 |
Q: I received a loan in 1983 to attend a Beauty School that no longer exists. I didn't complete the ...
A: Tracey: Yes, you can repudiate the agreement at any time including now. It doesn't seem to me ...
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| home collection business | 9/10/2008 |
Q: are you required to have business licence as a collection agency, collections services if you are ...
A: Katrina: Generally, yes. Most states require a business license as do any other states wherein ...
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| SOL dates | 9/10/2008 |
Q: I just wanted to know if the SOL On credit cards starts over when you change states? Also, what does ...
A: Claudette: Then you have a counterclaim under the FDCPA. A Summons does not constitute an ...
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| SOL dates | 9/10/2008 |
Q: I just wanted to know if the SOL On credit cards starts over when you change states? Also, what does ...
A: Claudette: No, there is no required answer to a Summons unless the Plaintiff's attorney "wants" ...
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| Recieved A Warrent In Debt | 9/9/2008 |
Q: I have a warrant in debt for a contract from a ex friend that went to a cell phone co and got a cell ...
A: Ma'am: If it is your ex-friend that has filed the complaint, simply file an answer or make an ...
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| Civil Summons & COnfession of Judgment? | 9/9/2008 |
Q: recently (8-25) signed a confession of judgement with a payment agreement (beginning 9-15) to pay ...
A: Daniell: Make the payment and then make an appearance with your confession on your court date. ...
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| SOL dates | 9/9/2008 |
Q: I just wanted to know if the SOL On credit cards starts over when you change states? Also, what does ...
A: Claudette: Generally, a choice of law provision will apply wherein the creditor may try to ...
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| False Debt On Credit Report | 9/8/2008 |
Q: Mr. Barnette I have had perfect credit my entire life. I have never been late for payments on any ...
A: Rahib: I wouldn't go through all that documentation. I would simply contact Franklin at their ...
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| How to Answer a Summons of Debt | 9/7/2008 |
Q: Last Friday my wife and I recieved a summons from MRC Receivables for a Providian Bank ( No account ...
A: Unfortunately, no, I cannot explain in detail unless you're a resident of TN. However, you ...
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| Two credit cards with Cap One = one lawsuit or two? | 9/7/2008 |
Q: I have two CapOne cards --- with respective balances of approx. $4,500 and $2,500. I also have two ...
A: Catherine: In practical terms, it would be cheaper for them to file suit on both accounts at ...
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| Statute of Limitations | 9/5/2008 |
Q: In 1999 I took out a loan for $15,000 while in lawschool from a private lender (CitiBank or ...
A: James: I do not see either of those as viable defenses. However, the debt may well be outside ...
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| Garnishment | 9/4/2008 |
Q: I had to find another job due to high fuel cost for my truck. Now only have part time job, as little ...
A: Barbara: They would have to obtain a judgment in order to do either. They could levy your ...
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| statute of limitations | 9/4/2008 |
Q: i am being sued by a company that bought a credit card debt. According to the credit bureau, the ...
A: Cameron: There are many laws that concern the collection of debts; FDCPA, FCBA, etc. However, ...
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| unsecured credit cards | 9/4/2008 |
Q: I am 22, and lost my job, cant find work in this small country town, and have all my unsecured ...
A: William: I cannot advise you as to whether to file BK without knowing the amount of the cards. ...
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| Unpaid cell phone Judgment | 9/3/2008 |
Q: In 2003, i was living in Georgia i received a huge bill of my cell. I called customer service and ...
A: Mack: 1) The Georgia SOL would apply. They must domesticate the judgment in California. I would ...
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| LVNV funding | 9/1/2008 |
Q: I recently checked my wife's credit report and found that LVNV funding is placing old (contested) ...
A: David: It certainly isn't legal insofar as it is a violation of the FDCPA. Dispute it through ...
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| Spousal Obligations | 8/28/2008 |
Q: My wife recently was served a summons by the local magistrate office. We live in Pennsylvania, ...
A: Terry: I do not know the specifics of PA law in this area but, I believe you to be right based ...
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| In debt , Medical issues & No income | 8/26/2008 |
Q: I always paid my bills up to about a year ago. I became ill and was hospitalized three times in a ...
A: Alfred: Unfortunately, it seems that Bankruptcy is the only option here. Consult an attorney in ...
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| Collections sent to wrong address, my credit ruined | 8/26/2008 |
Q: When I was 18, I went to a hospital. I had insurance and expected a bill to be mailed, so I could ...
A: Marley: Dispute the items in question through the credit reporting agencies. Try to pinpoint ...
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| JUDGEMENTS | 8/20/2008 |
Q: I HAVE 2 JUDGEMENTS ON MY CREDIT REPORT...BOTH JUDGEMNTS ARE FOR CREDIT CARDS I HAD FROM COLLEGE AND ...
A: Tiffany: Yes, they are final unless you have grounds for a motion to vacate. Honestly, with ...
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| titlemax | 8/19/2008 |
Q: i took out a auto loan with title max, but my car broked down on me. Okay my monthly payments with ...
A: Harris: They are within their rights to call you at work insofar as the FDCPA does not apply ...
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| Collection Calls Won't Stop | 8/18/2008 |
Q: Ok before i ask the question i just want to give you a quick back ground. I had a account with ...
A: Amanda: You need to consult with an attorney in your state insofar as FDCPA and probably FCRA ...
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| Finding information about a judgment against me | 8/17/2008 |
Q: I have a very old judgment against me from Ohio. I have a docket number and a State of Ohio number, ...
A: Willow: Call the clerk of the court in which the judgment was filed. They should be able to ...
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| Bill on my credit report but the collection agency can't find it. | 8/16/2008 |
Q: I have a past due account appearing on my credit report. I have now called the reporting agency ...
A: Derek: Visit http://www.creditnet.com or http://www.infinitecredit.com. There you will find ...
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| insufficient funds | 8/16/2008 |
Q: In January of this year I wrote a check not realizing I did not have enough money to cover it. When ...
A: Marlene: Certigy is a debt purchaser. You could pay them and that would take care of the ...
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| civil judgement | 8/15/2008 |
Q: A judgement was entered against me for approx $1500.00 due to default of my trail date. This cost ...
A: Paul: I am assuming that you're stating that the attorney for the judgment creditor sent you an ...
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| Creditor adding interest to debt | 8/14/2008 |
Q: I just received a call from a creditor stating that if I didn't pay by close of business today that ...
A: Hanna: It could be pursuant to their agreement with the original creditor but, I doubt it. It ...
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| Debt collection | 8/12/2008 |
Q: last week I asked you if a collection could be made(from me) by a creditor on a debt that was ...
A: Stuart: This is a free service. I cannot research case law for you for free and incur expenses ...
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| My property to be levied | 8/8/2008 |
Q: I am in the midst of an impending divorce and receiving $30 weekly in support from my husband. I ...
A: Robin: Unfortunately, yes, it is legal. It is called writ of execution and it can be granted ...
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| community debt | 8/6/2008 |
Q: My wife and I live in Az and are most likely going to do a legal separation. I believe we can ...
A: James: If you are a joint account holder then yes, they could come ater you absent a divorce ...
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| Unauthorized ACH by CapOne | 8/5/2008 |
Q: CapOne took money for a payment from my wife checking account illegally, she did not authorize the ...
A: Jeff: Technically, no. However, you can write to Capital One explaining the situation and ...
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| garnishment | 8/2/2008 |
Q: I live in Ohio and have credit card debt of $24,000.00. Due to a loss of additional income I can no ...
A: David: They can and likely will sue you. Thereafter, they can levy your accounts, garnish your ...
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