| Subject | Date Asked |
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| Tenant Laws | 11/16/2009 |
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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| ???? | 11/11/2009 |
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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| Collection on Credit Report | 10/18/2009 |
Q: There is an item from Asset Accept on my credit report as a charge off from yr 2004. I don't ...
A: Andrea, There are a couple of ways you can learn the original creditor. 1) On the credit report ...
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| Extortion: threat to send bogus debt for debt collection | 10/16/2009 |
Q: I live in Texas and have a problem with a medical doctor (not in Texas) who has sent me a ...
A: Patrick, He could send the debt to collections if he wanted. You would most likely have a decent ...
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| guy trying to serve me to sue over credit card debt | 10/15/2009 |
Q: My son said a man came saying he was trying to serve me. I belive this is a credit card company I ...
A: Mary, A lot of your questions can be answered about the lawsuit at: ...
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| Collection Repoted after debt paid/settled | 10/9/2009 |
Q: My question is this. I received at notice dated September 1 from a collection agency that I owed ...
A: Kristine, I am sorry that this happened to you. 1) This is a common tactic used by many ...
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| Past-due Medical Co-Pay | 10/6/2009 |
Q: My x-husband is past due for his half of the medical charges for our 3 children. He owes $2,300+. ...
A: Sara, Unfortunately, this is too common of a problem. The divorce judge can only assign blame or ...
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| can a settled account be removed from the credit report | 10/1/2009 |
Q: I am negotiating with a creditor collection department on behalf of my son. We live in Texas. He ...
A: In Texas, it does not matter whether you are speaking to a collection agency or main creditor. Both ...
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| over 4 year old bill due to a chiropractor's office | 9/29/2009 |
Q: i had an accident over 4 years ago. the party responsible did not pay my chiropractic bills. i got a ...
A: Michele, Hi! 1) Statute of Limitations -- (http://www.expertlaw.com/library/limitations_by_state/) ...
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| Charged off Debt | 9/29/2009 |
Q: My husband and I fell behind on credit card payments several years ago due to him being laid off and ...
A: Lori, You can begin the cleanup process yourself. You can hire an attorney but I would stay away ...
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| can a settled account be removed from the credit report | 9/28/2009 |
Q: I am negotiating with a creditor collection department on behalf of my son. We live in Texas. He ...
A: Peggy, I think that the issue is that most creditors cite is FACT Act as the reason they can not ...
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| can a settled account be removed from the credit report | 9/26/2009 |
Q: I am negotiating with a creditor collection department on behalf of my son. We live in Texas. He ...
A: In short, some will delete and some will not. There is a debate as to the interpretation of the law ...
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| Quick Question | 9/26/2009 |
Q: Unfortunately, I am having a judgement put on me my for an old "credit card". I do owe the money and ...
A: Skyler, I am not sure what state you are in. The answer to this question would vary by state. But ...
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| Medical billing/collection agency | 9/17/2009 |
Q: I received a letter from a collection agency two years after I had an operation in California. I ...
A: Jim, I think the best place for a lawyer referral for this type of case is www.naca.net . This ...
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| Nationwide Credit, Inc. | 9/14/2009 |
Q: I have just been charged by Nationwide Credit Inc 1000 dollars through electronic check withdrawal ...
A: Sophia, You have up to 30 days to go to your bank and have them undo the ACH. Let the bank know ...
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| Judgement from previous landlord | 9/11/2009 |
Q: I had a judgement placed in my and my husbands name. When we left a house we had rented, the ...
A: Karla, Since 4 years have passed and it is such a small amount of money (in legal terms) it would ...
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| exempt/non-exempt property | 9/9/2009 |
Q: My wife and I have recently moved to Texas and purchased a house. Due to my poor credit score, my ...
A: Timothy, Your homestead is protected regardless of who is obligated under the note. Ownership not ...
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| Contract With a Minor | 9/2/2009 |
Q: I entered a 2-yr contract with a gym here in Texas while I was a minor (17yo). I was laid off from ...
A: Evan, As a matter of protocol I would dispute the amount of the debt to figure out how they came to ...
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| Need Proof of Debt | 9/1/2009 |
Q: I was paying $20 toward my medical debt for a few months, and then I received a notice from a ...
A: Kate, It sounds like you have done what you can. My only hesitation is that I would pay the ...
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| Medi-Cal Billing | 9/1/2009 |
Q: My daughter was 5150'd due to psychiatric problems in 04/07. The ER I brought her to and psych ...
A: Colleen, What this really sounds like to me is that the ambulance company did not submit the ...
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| I was never contacted by collector before it was put on my credit report | 8/30/2009 |
Q: Recently, my mother calls me to inform me that she has a ding on her credit report for an ...
A: Alicia, The short answer is Verizon does not have to contact you before sending you to the ...
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| 30 days past due | 8/30/2009 |
Q: What does the law say about payments that are 30 days past due more than once in a furniture store, ...
A: Julia, You should only be making payments according to the contract. Before you make the next ...
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| Collector Attempting to Collect On A Debt Already Paid | 8/29/2009 |
Q: I paid a charge-off in full; and I do mean FULL: 100 of the fees; 100 of the interest; 100 of the ...
A: Paul, Your situation is very aggravating. I think the simple solution is to get a paid in full ...
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| credit card | 8/28/2009 |
Q: In the state of Ca can a debt collector for a credit card company attach your checking account if ...
A: Sheila, The answer is that your SS payments can not be garnished not taken out of your bank ...
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| payday loan now in collections | 8/27/2009 |
Q: I am in need of a consultation in regard to a Payday loan group who I owed $115.00 to before they ...
A: Judy, First, payday loans do not always (and seldom do) take clients to court. It just cost too ...
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| payday loan default | 8/24/2009 |
Q: Where do I start? I took out a payday loan awhile back and 60 loans later I defaulted on one. I ...
A: V, Getting out of the payday loan trap sounds like a good thing to me. I do not care what it is ...
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| Liability for old debt | 8/23/2009 |
Q: I was declared bankrupt in 1993. I was relieved of a credit card debt for a card that was issued by ...
A: I would have to think that is perfectly legal. Even though the debt is rather remote in time, I am ...
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| Providing proof of settlement offer | 8/22/2009 |
Q: The Collections agency that we are involved with says that we can settle our debt with them for ...
A: Lakeisha, You are right to be suspicious. I would not settle until I have it in writing too. I ...
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| An old utility bill | 8/21/2009 |
Q: Someone used my social security number to turn on gas in their name about 10 years ago. What are the ...
A: Even if it was over ten years ago, you can make the claim that you just found out about it. You can ...
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| Use of Social Security | 8/21/2009 |
Q: As a rule, should an opposing attorney be allowed to know your social security number by asking for ...
A: Richard, I am not sure there is a law against this. They can skip trace you and get your social ...
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| Medical billing problem | 8/20/2009 |
Q: On June 19th, 2008 my wife, Michelle Baker was suffering a migraine head ache. We went to the JFK ...
A: Brian, Sorry for the late reply. 1) I question any collection company that would sue for $225.00. ...
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| Medical billing problem | 8/20/2009 |
Q: On June 19th, 2008 my wife, Michelle Baker was suffering a migraine head ache. We went to the JFK ...
A: Brian, You have done what you can do so far. My only suggestion is to send a certified letter to ...
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| student billing statement | 8/19/2009 |
Q: I have received a student billing statement from Texas Tech University stating that I owe $3,121.13 ...
A: Sarah, This is the second time this week (not in this forum) that someone has appraoched me with ...
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| Is Debt Valid or Invalid? | 8/16/2009 |
Q: We hired a New York moving broker who had our household goods moved to California (we are CA ...
A: Fanny, In general, you can sue the collection company in a local small claims court. They may try ...
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| Payday Loans | 8/13/2009 |
Q: I received a payday loan for 500 dollars. I fell on hard times. The payday company is calling me ...
A: Christian, I have heard of similar tactics used by payday loan companies. Some things you should ...
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| Medical Bill Rec'd 1yr later | 8/12/2009 |
Q: I received a medical bill from last year. My insurance company paid the hospital 17 days after ...
A: Candice, I am not sure of a specific time limit they have. Generally most businesses practice the ...
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| Can I be sued by collections if I have never been served? | 8/12/2009 |
Q: I recently recieved a letter by a collections agency stating their intent to garnish wages, and ...
A: Laura, I can only answer questions for Texas and California concerning this. I am not sure of the ...
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| Third party disclosure among other things | 8/10/2009 |
Q: I will try to keep this short, I am leasing items from a well known lease to own company, I have ...
A: Denise, To me the main real violation is the third party disclosure to the neighbor. I would ...
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| Apartment collections | 8/6/2009 |
Q: I moved out of my apartment in March 2009 due to the fact that I had lost my job, they told me that ...
A: Karen, They can deny the payment plan if they want. In my opinion, it is actually better to save ...
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| Credit card debt | 8/5/2009 |
Q: H! Thanx, in advance. I have a developmentally challenged friend. He gets soc security/SSI. He just ...
A: Bob, The money taken out on the credit card is unsecured. (I assume it is an unsecured credit ...
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| Can a Hospital open up a Credit Card account in your name to collect balance owed? | 8/4/2009 |
Q: Can they legally do this without my permission? I have a hospital balance due that I have been ...
A: Allen, I am not aware of a way they can open up a credit card on your behalf without your consent. ...
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| patient bankruptcy | 8/4/2009 |
Q: If a patient tells me she is in the process of filing bankruptcy when I call to request a payment, ...
A: Laurie, If someone says they are in the process, then you can ask for the bankruptcy attorney name ...
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| Credit and Collections | 8/1/2009 |
Q: I have found out that a letter from Civil Courts was delivered by UPS and by regular mail about two ...
A: Ernie, In general you should not ignore a citation from the court. It does not stop the legal ...
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| tape disclosure | 7/30/2009 |
Q: Do collectors follow specific verbatim for tape disclosure or dpc...if yes what is teh verbatim
A: I have not seen codified specific text. But they are required to give what is called a mini-miranda. ...
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| unpaid dr bill | 7/28/2009 |
Q: I visited the dr recently. I misplaced my debit card and had no other method of payment at the time. ...
A: Martha, If you do not pay your bills (including Doctor's bills) they can send it out to the ...
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| Bad Debt Collection after Statute of Limitations | 7/27/2009 |
Q: Question I have an old credit card debt which was written off and reported on my credit report in ...
A: Wyatt, If the date of last payment of the credit card is over 4 years old they can not sue you to ...
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| Chase - close account w/ no notice | 7/27/2009 |
Q: This is my second question. Thanks so much for your time. I had a WAMU card $3,000 limit that I ...
A: Billie Jo, Chase just went through a massive round of account closures. I know lots of people that ...
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| Garnishment and SSDI | 7/26/2009 |
Q: I have been out of work since 2006 and subsequently filed for disability. I received approval in ...
A: Jack, I am not sure what documents are "required." But I think it would be good to have on hand ...
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| Collection agency law | 7/23/2009 |
Q: Is it legal for a collection agency to continue to call you because a relative may owe money. I ...
A: You should not have to put up with that. The first step in taking care of this is getting all the ...
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| Auto Loan Maturity payment and disputing alleged late fees | 7/22/2009 |
Q: I am at the end of my term with Capital One Auto Finance and was recently informed that I have a ...
A: It sounds like you have done the right thing. I have read many of the same comments about Capital ...
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| Collecting a debt | 7/20/2009 |
Q: We have them sign a contract which states the monthly payments terms. There are students who to this ...
A: Fabs, Since you are the original creditor in this case, you are exempt from the Fair Debt ...
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| Hospital Charity | 7/19/2009 |
Q: I am 26 and was admitted under emergency because of a one-time dizziness, high and low blood ...
A: Ravi, You do have to reveal your true income if asked. From the charity applications I have seen ...
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| Collector Has Wrong Person and won't stop harrassing! | 7/14/2009 |
Q: Wells Fargo Auto Finance started calling my cell phone about 7 months ago asking for a "Jeff & ...
A: Heather, The first recourse you have is to send a certified mail, return receipt requested letter ...
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| Capital One's Bogus Settlement Offer--what to do? | 7/8/2009 |
Q: Quick background, my husband and I are trying to raise our credit scores which are mid to high 500's ...
A: Jessie, You should wait until you get a letter from them. If you do not then you could reset the ...
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| Notice of right to cure | 7/6/2009 |
Q: I received a notice of right to cure on an motorcycle loan. I made the payment they asked for but it ...
A: Lori, If the loan company repossess the item then usually you are given a redemption period in ...
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| Dental Billing | 7/4/2009 |
Q: A few days ago I received a bill from my dentist for services rendered in early 2007 - roughly 2 1/2 ...
A: Alteon, The short answer is you are liable for your debts. A creditor (in California and Texas) has ...
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| Collection calls | 7/2/2009 |
Q: I just received a call from a marketing firm stating that they are lawyers. The representitive ...
A: Joann, First, in Texas and California creditors (or their attorney's) have 4 years from the date of ...
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| Collection Agency Fees | 6/30/2009 |
Q: A voice mail was left on my phone stating a case number and 800 number for me to call. I called back ...
A: I understand that this seems like a lot of overcharge but depending on the original contract plus ...
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| Collection Agency Fees | 6/29/2009 |
Q: A voice mail was left on my phone stating a case number and 800 number for me to call. I called back ...
A: Crystal, You are experiencing a classic collection situation. Yes, your unpaid debts can be sold to ...
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| credit | 6/25/2009 |
Q: "Hello, thank-you for your time. My name is Jeff, we moved from Texas 3 years ago (2006),to Hamilton ...
A: Jeff, The short answer is "yes" it is possible that they could sue in Canada. They would be subject ...
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| Calls | 6/25/2009 |
Q: How many times in one day can a person call from a financial company? Citifinancial Auto How can you ...
A: Danielle, I am not sure that there is a specific number of calls that the law allows. If you want ...
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| 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, The short answer is that it could should up on your credit report with your new social at some ...
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| payday loan threats | 6/21/2009 |
Q: i received 2 phone calls yesterday saying there's a lawsuit against me for check fraud theft by ...
A: Elran, 1) Much of what you described is against Fair Dept Collection Practices ACT (FDCPA). a) ...
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| Collection Notice | 6/20/2009 |
Q: I'm being Sued for Delinquent Credit Card Debt for a credit card that i don't have in bank of ...
A: Daniel, If you are being sued then a constable, sheriff, or private processor has served you notice ...
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| I just want to know who should i pay | 6/14/2009 |
Q: I have a credit card account that i have paid over half off..well i lost my job and then i was ...
A: Jai, Your issue is a common one. After a credit card is charged off it can bounce from collection ...
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| Adverse information on credit report | 6/11/2009 |
Q: My question is: I rented from an apartment complex, which required 60 day notice to move out, but I ...
A: Ana, The collection agency is supposed to give you 30 days notice and most due. The problem with ...
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| mortage | 6/11/2009 |
Q: I am legally divorced but no settlement. We joint own a piece of real estate and we are both on the ...
A: Ruth, Inside the state of Texas, you can legally force the sale of a property by filing a lawsuit ...
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| old credit card debt | 6/11/2009 |
Q: I had a large credit card balance in 2002, and was out of work for 5 months. I was unable to pay, ...
A: Karen, If you are in Texas or California, a creditor (now Zenith) has 4 years from the date of last ...
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| charged off credit card limit | 6/6/2009 |
Q: Is there a time limit once a credit card is charged off, then to have them contact me again to pay. ...
A: There are a couple of answers to this question. 1) The state statute of limitations of a debt ...
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| Debt Collection on a Deceased Person | 6/5/2009 |
Q: My question is as follow: I currently, reside in Texas and a about a month ago my dad passed away. ...
A: Lisa, Even though the cards were under your father's name alone, your mother may still be ...
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| Reporting old debt on credit report | 6/5/2009 |
Q: In 2003 while going through a divorce, my spouse (we were separated at the time) obtained a wireless ...
A: Sandy, You have a couple of issues going on here. 1) The Verizon debt itself. With Midland you can ...
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| Paid Association Dues on Time - Collection Agency sent letter | 6/4/2009 |
Q: My husband and I paid our all association dues on time (verified by bank wire transfer every month). ...
A: First, I would not send any money to the collection agency based on their promise to return it. ...
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| repayment of a debt | 6/3/2009 |
Q: I owe a vendor $3,800 and because of the economy have struggled to pay it. While I made some ...
A: Laurie, First, they can not send a sheriff to arrest you. This kind of intimidation is against ...
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| Charge-Off on Closed Credit Card | 6/2/2009 |
Q: I am gearing up to purchase my first home and ordered an online credit report to check my credit ...
A: John, This is a tough situation because it is going to be hard for BOA to admit to their mistake ...
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| Civil Law Suit for a credit collection account | 5/14/2009 |
Q: I have been notified by a collection agency of their intent to file a civil suit in my home of ...
A: You may have received a letter from Allen L Adkins. This law firm does sue in many Texas counties on ...
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| recent medical debt | 5/7/2009 |
Q: My dad was in the hospital for almost 2 weeks in an emergency situation (poor health).He lives in El ...
A: Lindsey, If the debt is not paid then they can file a lawsuit and get a lien. They can attach it to ...
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| debt not mine | 5/5/2009 |
Q: portfolio recovery collected a debt from southwestern bell thats about 10 yrs old and at an address ...
A: Cindy, Many debt collectors try to collect on the wrong people. I would first start back at ...
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| Sued for Medical Bill | 5/1/2009 |
Q: In February of last year I went in to the ER. Later in the year (October) I was contacted by a ...
A: So far from what you have said you have not been sued. The collector is threatening a lawsuit. It ...
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| payday loans | 4/30/2009 |
Q: i took out 3 payday loans and i payed on them and than i was layed off,they kept taking money out of ...
A: Mike, You are in a tough situation. If you do not have the money to repay the debt they can sue. ...
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