| Subject | Date Asked |
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| Sued by Forster & Garbus | 10/9/2009 |
Q: I'm being sued by Forster and Garbus in the New York courts. Their client from what I understand is ...
A: John, Good question. In defending a case of mistaken identity, an obvious first step is to look at ...
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| Sued by Forster & Garbus | 10/9/2009 |
Q: I'm being sued by Forster and Garbus in the New York courts. Their client from what I understand is ...
A: John: Sorry to hear about your situation. Sometimes a collector will sue a consumer on a debt ...
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| Sued by Forster & Garbus, have default judgment against me! | 10/4/2009 |
Q: I recently discovered that I have a default judgment against me in the New York courts. I never ...
A: Mike: Good question. No, you are not responsible. The Federal Reserve Board's official staff ...
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| Going to court - sued by Mel Harris & Assocs. | 10/3/2009 |
Q: Shear: I filed a Motion to Vacate Judgment in the NYC Civil Ct. (court date 10/13/09). They had a ...
A: Sorry to hear about your situation. You have a lot of issues here. There is a great deal of ...
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| default judgment - RUBIN & ROTHMAN | 9/19/2009 |
Q: I live in NY state. I am dealing with RUBIN & ROTHMAN. I have an income execution in response to a ...
A: Josh, Sorry to hear about your situation. Yes, I can help you. If you never received proper ...
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| Help with creditor in NYC | 9/16/2009 |
Q: I hope you can help me. I'm being deployed overseas. I talked to my landlord and he has been very ...
A: Daniel: Good question. Servicemembers may request the termination or suspension of cellular ...
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| Sued by Cohen & Slamowitz | 9/3/2009 |
Q: I was sued by Cohen and Slamowitz earlier this year. Their client is a collection agency that ...
A: Paula, Yes, I handle consumer cases in New York City. Please call me directly for help with this ...
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| Sued by Cohen & Slamowitz | 9/2/2009 |
Q: I was sued by Cohen and Slamowitz earlier this year. Their client is a collection agency that ...
A: Paula: Good question. Yes, making the plaintiff prove standing is an important defense in a case ...
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| Contacted by a debt collector. Need help! | 8/7/2009 |
Q: I am being contacted by a debt collection lawyer regarding a Discover Bank Card I had a couple years ...
A: Beth: This law firm should not seek a credit balance from you if the credit card company's ...
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| debt collect on a default judgement | 7/21/2009 |
Q: I had an old credit card debt back in 1992 with a credit limit of $900 dollars. Well i did not pay ...
A: Rosell: You need to get this default judgment vacated. You did not say what state you are in, but ...
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| Being sued by collection agency | 7/17/2009 |
Q: I am being sued by a collection agency over an old credit card my ex-husband and I had together when ...
A: Joan: No, you are not responsible. A payment by one co-debtor does not revive the limitations ...
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| Sued by credit card company in NY | 7/9/2009 |
Q: I was just sued over a credit card I stopped paying on recently. I was separated from my husband ...
A: Lesley: What he is arguing is that when a creditor sends a bill to a consumer, and the consumer ...
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| Sued by Midland Funding | 7/8/2009 |
Q: I was served a debt collection lawsuit by a NYC collection law firm a couple of months ago. I filed ...
A: John: No, there are no fees to bring Motions in the City Courts within New York State. If you have ...
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| Sued by Midland Funding | 7/8/2009 |
Q: I was served a debt collection lawsuit by a NYC collection law firm a couple of months ago. I filed ...
A: John: Good question. Debt buyers in particular may have little evidence to establish their case, ...
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| Dimissal | 7/2/2009 |
Q: I recently was summoned to court for an outstanding credit card debt, the Judge ordered that both ...
A: Gary: Good question. Yes, they can still sell this debt to another debt buyer. However, the Order ...
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| Sewer service | 6/30/2009 |
Q: I have been contacted repeatedly on my message machine by a firm called Forster and Garbus in New ...
A: Melanie: Yes, this is something I can assist you with. Thank you for contacting me. If they do ...
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| Sued by LVNV Funding in New York | 6/17/2009 |
Q: I was sued by a NY debt collection law firm on behalf of a collection agency. I asked the lawyers ...
A: No, it does not change things. An employee of a debt buyer typically will be unable to certify ...
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| Sued by LVNV Funding in New York | 6/17/2009 |
Q: I was sued by a NY debt collection law firm on behalf of a collection agency. I asked the lawyers ...
A: Jay: Good question. When a collection agency/debt buyer does submit a series of monthly ...
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| Sued by collection agency through arbitration in NYS. | 6/17/2009 |
Q: I hope you can help. I received notification of arbitration for an old credit card account I had ...
A: Good question. Some buyers of credit card debt are using arbitration as a means to collect consumer ...
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| SOL follow up | 6/17/2009 |
Q: Jason, I am being sued by a collection agency over a CC debt that is over 7 years old from the last ...
A: Drew: To answer your first question, yes, raise the SOL defense in your written Answer and if there ...
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| SOL follow up | 6/16/2009 |
Q: Jason, I am being sued by a collection agency over a CC debt that is over 7 years old from the last ...
A: Drew: Good question. Typically, the limitations period will begin from the date of default. This ...
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| Sued by a debt buyer in New York | 6/11/2009 |
Q: I was sued by from what I understand is a debt buyer. They are represented by a debt collection ...
A: Mike: Good question. No, this is not sufficient proof. The debt buyer can not merely show that it ...
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| Help with NY debt collection law firm | 6/9/2009 |
Q: I have a question. I was called by a collection law firm based in Long Island regarding an old ...
A: Jenna: Good question. The law he was referring to, 12 C.F.R. § 226.25, has nothing to do with a ...
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| lawsuit question | 5/12/2009 |
Q: I'm not sure if you can answer this or not. I'm located in Michigan and I'm being sued for a credit ...
A: Danielle: Hope all is well. No, you can not go to jail. Also, don't cave in so fast with regards ...
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| Sued by a collection agency in NY! | 5/7/2009 |
Q: I have a question. I was sued by a debt collection law firm on behalf of a collection agency. The ...
A: Dan: Good question. File a Motion pursuant to CPLR 3025(b) for leave to file an Amended Verified ...
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| Collection agency scam | 5/5/2009 |
Q: I think this is a scam: I got a call from a collection agency(Portfolio Recovery Associates). They ...
A: Bob: Good question. This debt is past the Statute of Limitations and therefore is unenforceable. ...
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| Statute of Limitations | 4/23/2009 |
Q: I was wondering if you could help. I received a letter last week from a collection agency notifying ...
A: M: Requesting verification will not slow them down. In the leading case of Chaudhry v. Gallerizzo, ...
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| Harrassment by collection agency | 4/22/2009 |
Q: My son, age 26, accumulated debts during the past four years. He tells me that he is paying them ...
A: Enid: All you need to do is send a cease communication letter to this collection agency. Instruct ...
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| Statute of Limitations | 4/22/2009 |
Q: I was wondering if you could help. I received a letter last week from a collection agency notifying ...
A: M: These are some good questions. 1) A statute of limitations is a time limit that a creditor has ...
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| Defending NY debt collection case | 4/16/2009 |
Q: I sued about 8 months ago by a debt collections law firm based on Long Island, NY. Their client is ...
A: Jen: Good question. What you need to do is to file a Motion pursuant to CPLR 3025(b) seeking leave ...
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| Summons from Capital One in NY | 3/31/2009 |
Q: On/27 I received a summons from Relin,Goldstein,&Crane LLP on behalf of Capital One Bank. The ...
A: Dennis: Unfortunately, the designation of an improper venue is not a jurisdictional defect and will ...
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| Civil Action Notice | 3/23/2009 |
Q: A received a civil action hearing notice for a past credit card debt. The Paintiff is an attorney ...
A: Jennifer: Yes, you should also request documentation that you owe the debt in the form of Discovery ...
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| Collection Issue | 3/10/2009 |
Q: "I will try to keep this brief. I live in Washington State (a community property state). My ex-wife ...
A: Chris: Yes, if the last payment was in 2004 the SOL would be up in WA. If they are calling you, ...
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| Owed money on a lease | 3/9/2009 |
Q: Can a car company/collections agent go after my 401K to get owed money on a car in TX?
A: Jamaine: No, a creditor can not seize your 401K even if they have successfully sued you and got a ...
|
| social security income | 3/4/2009 |
Q: I am $20,000 in credit card debt. I am currently collecting social security disability and my ...
A: Marcia: Sorry to hear about your situation. Yes, a judgment can be entered against you if the ...
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| Mann Brakken LLP | 2/24/2009 |
Q: Today I received a Civil Action Hearing notice from my local District Justice. I am being taken to ...
A: Wendy: The original creditor is mandated by federal law to charge-off an account when no payments ...
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| old-c/card | 2/21/2009 |
Q: had old c/card in 1998, exp in 2000, didnt pay recieved letters from collection agny back then, was ...
A: Rich: No, you don't have to pay them. The debt is past the Statute of Limitations in CT for both ...
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| Obligation to Credit Card pmts/SS only income | 2/19/2009 |
Q: We have a family friend who is 81 going to be 82 in the Fall. I will call him Dan. His son was on ...
A: Jenna: Sorry to hear about your friend's situation. Income from Social Security is exempt from ...
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| credit card debt summons in NYS | 2/17/2009 |
Q: I am a resident of NYS, Oneida County. I received a summons today for an old credit card debt. The ...
A: Beth: You need to file an Answer which will be sent to both the Court and the plaintiff's ...
|
| being sued \now court date | 2/12/2009 |
Q: I have been unemployed for over a year and have a credit card debt I didn't pay, I did however pay ...
A: Terry: Sorry to hear about your situation. What you need to do is make them prove their claim when ...
|
| LVNV Funding still reporting a settled account as having a balance | 2/9/2009 |
Q: Jason, On January 3,2008 I agreed to settle a debt with LVNV funding through their attorneys ...
A: Susan: Hope all is well. In my experience, once you pay a collection agency/debt purchaser they ...
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| Statute of limitation in New York for collection | 2/4/2009 |
Q: I was contacted by a collection agency for an old credit card debt. I remember the last payment ...
A: Liz: No, the law was not changed. The Statute of Limitations is still six years in NY. They were ...
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| Help Defending New York debt collection lawsuit? | 1/15/2009 |
Q: I live here in New York State. Recently I was served a lawsuit by a lawyer on behalf of an out of ...
A: Emma: Good question. The Notice To Admit sent to you by this debt collection law firm is improper. ...
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| Affirmative defenses to collection lawsuit | 1/14/2009 |
Q: I was sued by a debt collection lawfirm. When I went to the court to file an answer the clerk let ...
A: Jane: Good question. Affirmative defenses to a debt collection lawsuit by a debt ...
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| credit card debt | 1/8/2009 |
Q: How should i "answer" a summons if i have no real defense to owing the delinquent credit card debt? ...
A: JJ: If you have been served a Summons, in most jurisdictions, it means you were sued. To answer ...
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| Tote the note car lot | 1/1/2009 |
Q: I purchased a car at a tote the note lot. I am 10 months behind and they haven't repossed the car ...
A: Jay: I have never heard of such a law. Unless you obtained the car through false pretenses, this ...
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| NYS Debt Collection Lawsuit | 12/30/2008 |
Q: I was recently sued by a lawfirm in New York State Supreme Court on behalf of a collection agency ...
A: Janis: Unfortunately, the designation of an improper venue is not a jurisdictional defect and will ...
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| Bill not incurred but collection attempting recovery | 12/30/2008 |
Q: We were sent a notice of a bill that we did not incur. The bill states that we did not pay $46 on a ...
A: Sam: Send this Collection Agency a letter stating that you dispute this account and you want them ...
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| Advice needed on non-jury collection action | 12/24/2008 |
Q: I'm sorry this is so long but I'm trying to give every detail I can. I just need to know the best ...
A: Joanne: After you prepare an Answer, no you do not have to physically take the Answer to the Court ...
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| Advice needed on non-jury collection action | 12/22/2008 |
Q: I'm sorry this is so long but I'm trying to give every detail I can. I just need to know the best ...
A: Joanne: Sorry to hear about your situation. If you do not want to file bankruptcy you should file ...
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| court summons | 12/21/2008 |
Q: I have a debt collector that has been calling me on and off now for a few months, the debt was from ...
A: Val: Perhaps the debt purchaser/collection agency sent this to you in an attempt to scare you into ...
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| Collection Lawsuit in NYS | 12/18/2008 |
Q: Mr. Shear: I was recently sued by a lawfirm in New York State Supreme Court on behalf of a ...
A: Janis: Unfortunately, the designation of an improper venue is not a jurisdictional defect and will ...
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| Collection Agents | 12/12/2008 |
Q: A collection agent called my parents about a hospital bill left over from 10/02. I called the agent ...
A: Branko: All you need to do is send this collection agency a cease communication letter. Send a ...
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| harrassment+"disputed interest charges | 12/5/2008 |
Q: We had a business account with Advanta. My husband told him the business was no longer in business. ...
A: Mary: Sorry to hear about your situation with this company. First, you need to keep sending ...
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| Medical billing error | 12/3/2008 |
Q: I live in NJ. I had an examination in a hospital in 2004. Two medical bills resulted from this ...
A: Simon: Thank you for the question. No, you are not responsible for the bill not being paid. A ...
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| NJ Garnishment Maximum | 11/20/2008 |
Q: In a previous answer it was stated that in NJ the maximum garnishment is 10% of gross income. ...
A: Luther: Hope all is well. In New Jersey the limit is 10% of gross income or 25% of disposable ...
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| NY Debt Collection Lawsuit | 11/13/2008 |
Q: I was sued by a collection agency's attorney regarding a debt that is about 3 years old. I filed an ...
A: James: Good job on filing an Answer and Discovery Demands. The Notice to Admit sent to you by this ...
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| I'm being sued by a credit card company | 11/6/2008 |
Q: I'm being sued by a credit card I had when I was 18-19. I am now 23 going on 24 in a few months. I ...
A: Jon: Sorry to hear about your employment situation. If you do not accept the papers, and by this ...
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| timeshare default | 11/6/2008 |
Q: I purchased a timeshare last year in the US. Due to unforeseen circumstances I have left the US (I ...
A: Breva: Sorry to hear about your situation. Technically, yes the company that sold the timeshare ...
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| Civil hearing for credit card debt | 11/3/2008 |
Q: I live in Pennsylvania and have a hearing on Friday for a credit card debt about 3000$. I have not ...
A: Sherri: Hope all is well. Yes you are correct, in Pennsylvania your wages can not be garnished on ...
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| wadge garnishment | 10/29/2008 |
Q: Last Friday (Oct. 24, 2008) I got a summons by mail stating that I'm being taken to court by ...
A: Jennifer: Sorry to hear about your situation. It looks like to me that since WW&R has stopped ...
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| elderly mother unable to pay credit card debt | 10/23/2008 |
Q: My mom was an authorized user on my late father's credit cards (3). She has used the cards since he ...
A: Hope all is well, sorry to hear about your father. To answer your first question. If she does not ...
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| Question on Judgment | 10/22/2008 |
Q: my question is what are my options here? can i file a motion to vacate that judgment? and what do i ...
A: Faisal: Hope all is well. First what needs to be done is for you to have the judgment obtained in ...
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| Summons on old CC debt | 10/21/2008 |
Q: I was "served" a summons for my sister regarding an old credit card debt. She used to live in ...
A: Linda: Hope all is well. Sorry to hear your sister has to deal with one of these debt purchase ...
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| not my account! | 10/20/2008 |
Q: I am receiving collection calls and notices from CBCS/Resergent Capital, a collection agency for an ...
A: Christine: Sorry to hear that you have to deal with an agency such as this one. First of all, you ...
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| Debt Consolidation after being Sued | 10/17/2008 |
Q: I'm being sued by Mann Bracken (Target Visa). Today I filed a "general denial." Can I include ...
A: Connie: Hope all is well. First, I would like to say good job for answering the lawsuit by filing ...
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| Timeshare - Unpaid Maintenance Fees | 10/15/2008 |
Q: I wanted to post a follow-up, but it states he is maxed out and to pick another expert. To answer ...
A: Carol: Sorry to hear about your situation with this timeshare company. To answer your question, you ...
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| SOL to enforce a debt in NY | 10/14/2008 |
Q: What is the SOL in NY that a Collection Agency can sue an individual for a debt. I now live in ...
A: Joe: Hope all is well. The SOL in New York State for which a collection agency/debt buyer can ...
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| Federal or State SOL on cell phone bill | 10/13/2008 |
Q: Is the SOL on cell phone bills 2 years per the Federal Law, or 6 years per NY State law as it refers ...
A: Carmen: Hope all is well. I apologize for the delay, I noticed your question was dated a few days ...
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| wrongful garnishment? | 10/8/2008 |
Q: My daughter was in a bad relationship which ended in divorce. According to the writ for garnish., ...
A: Terry: Sorry to hear about your daughter's situation. First, let me start with the "validation" ...
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| Amex Default self-employeed | 10/3/2008 |
Q: I'm self employeed, used my amex last year for business even though amex tells me I shouldn't have ...
A: Robert: Sorry to hear your business is not doing well. Let me start with your first question. ...
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| Credit Card debt | 10/2/2008 |
Q: My elderly mother in law has 3 credit cards that she has not been paying. She is on a very limited ...
A: Nora: Hope all is well, sorry to hear your mother has to deal with this stress while she is ill. ...
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| Past due cell phone bill | 9/29/2008 |
Q: My in-law received a call from someone saying they were the Orange County Sheriff dept in ...
A: Kimberly: Sorry to hear you are going through this with this unethical and lawbreaking collection ...
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| providians lawyer | 9/27/2008 |
Q: providian retained a lawyer to collect a debt from me. i was served papers in oct of 04 i started ...
A: Sandra: What I need to know before I answer you more fully and walk you through what to do is: ...
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| credit card debt from my deceased wife | 9/26/2008 |
Q: and had a bunch of big medical bills on some credit cards - 2 Chase Cards ($37k), Amex ($16k) and ...
A: Michael: Hope all is well. Sorry to hear about your wife. First, what we need to determine is on ...
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| hi | 9/26/2008 |
Q: are safe deposit boxes seizable? does one have to give their ssn to obtain one? which creditors ...
A: I will try to break down your question so that I can answer it. First, with regards to the credit ...
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| Credit card debt | 9/25/2008 |
Q: I was called from a law firm representing HSBC and was told that if I didn't come up with a certain ...
A: Cheryl: Your recourse is that you do not have to pay this bill. If your last payment on this card ...
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| hi | 9/25/2008 |
Q: are safe deposit boxes seizable? does one have to give their ssn to obtain one? which creditors ...
A: j: Yes you can have a safe deposit box under two names. You probably would have to give a SSN ...
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| collections | 9/24/2008 |
Q: I am being sued for a credit card debt, some of which I dispute. I have two questions. First, the ...
A: Kirk: Hope all is well. Before I answer your question I need to know: 1) What is the name of this ...
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