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Collections Law/Questions Answered by Expert Chris Ebert

Subject	Date Asked
JUDGEMENT FOR CREDIT CARD DEBT	1/9/2012
Q: I live in Texas and in 2008 I received a judgement against me for credit card debt that is in ... A: Nancy, You will need to negotiate the best you can. That is all you can do. I think it may be worth ...
Debt Collection for Medical Bill Without Notice	12/23/2011
Q: I receive alerts for changes to my credit report through e-mail. About two weeks ago I received an ... A: Heather, I would contact the debt collector and ask for copies of the bills they are collecting on. ...
Deliquent bill	12/12/2011
Q: I cancel directv service. They sent me a final bill and now sent another bill saying I owe them for ... A: Erin, Whether or not you remember ordering it, I would contact the creditor to work this out. You ...
Medical Debt California - negotiations & statute of limitations	11/21/2011
Q: My credit report shows a medical debt from 2007. It is my understanding that in California that the ... A: Charles, I believe the statute of limitations of when they can sue you has passed according your ...
Non Payment of Bill from UPS	11/3/2011
Q: I live in California right now. I received exercise eqpt. merchandise from a merchant in ... A: Mr. Chan, If you ignore any bill and do not resolve it with the original creditor they may opt to ...
medical bill for adult child sent to collections in my name	10/12/2011
Q: Am I responsible for medical bills that an adult child incurs? I carried her on my insurance for ... A: Pam, I would call the doctors office that she visited (or have your daughter call). Explain the ...
Death & repo of motorhome	10/7/2011
Q: My husband died an unexpected sudden heat related death two months ago. We are relatively young, had ... A: Susan, In this case I would have no problem calling the bank and explaining the situation. Ask them ...
being turned over to collections	9/15/2011
Q: I live in california. My wife has many medical bills (co-pays I suppose) from 2 surgeries ... A: James, If I were you I would approach the Medical Billing office and let them know in person that ...
unautherization of bank account	8/26/2011
Q: i was recently charged $388.67 by direct TV to my checking account. this was not a charge i ... A: Misty, 1) You can tell your bank that you did not authorize the charges. They have 90 days to ...
Judgement against me	8/5/2011
Q: If you start paying on a judgement and stop do to a hardship will the amount you owe be adjusted. I ... A: Reba, They should credit your account with the payments made. I do not think it is appropriate to ...
Corporate credit card liability issue	7/21/2011
Q: Ebert, In 2005, I became involved in a small startup, a California C Corporation. Shortly after ... A: Peter, That is the attractive item about Capital One and Chase business credit cards. When times ...
Corporate credit card liability issue	7/19/2011
Q: Ebert, In 2005, I became involved in a small startup, a California C Corporation. Shortly after ... A: Peter, I hate to say but sometimes the best thing is to do nothing. When contacted, send a dispute ...
Repossession of Auto	7/9/2011
Q: About 4-1/2 years ago, I co-signed an auto loan for my daughter-in-law. She and my son were married ... A: Bonnie, Unfortunately, the co-signer is responsible too for the past due deficiency balance. It ...
pay day loan	7/7/2011
Q: I have a payday loan from 2008, it was sold from the original company to Legal Solutions. They will ... A: Ms. Hobbs, I am not sure how they will file charges with the D.A. unless there was a bounced check ...
Medical bill sent to collections.	6/22/2011
Q: I received a medical bill from an infusion I had in January of this year. I have been making monthly ... A: Jennifer, It is generally true that many doctors will not send the bill to collections while you ...
Notice of Renewal of Judgement	6/21/2011
Q: I live in California. In 1992 my car was repossesed and a judgment was filed so it was on my credit ... A: Cheryl, It sounds like they may have already extended the judgment once. To check this, you would ...
Old TXU Energy Account	6/17/2011
Q: I closed an account with TXU Energy in late 2004. I received a letter in May/2010 stating that I ... A: David, I am sorry but I do not know of a way to legitimately get this off. The best solution is to ...
Can you collect a judgment without having to be in contact with the debtor.	6/6/2011
Q: When I was 15 years old I was kidnapped, tortured and assaulted. My attacker warned me not to ... A: Jane, That is a horrible situation. But I think ultimately, when he is forced to pay the judgment ...
Medical bill	3/10/2011
Q: We recently received a medical bill, with services dates from April and May of 2007. This is the ... A: Joe, They should get the bills to you quicker than 3 years. They have up to 4 years to sue you in ...
PayDay Loan	3/4/2011
Q: I had a Payday loan in 2008 which was charged off by the original company, Cash Central, in Utah. I ... A: Linda, You need to: 1) Stop the calls and contact at work by sending out a cease and desist ...
1099-C	2/28/2011
Q: I have read many Q&A's over 1099-c but have not found info that I need for my particular question so ... A: Cindy, This is our article and it may assist you: ...
Medical bills	2/25/2011
Q: My husband incurred in medical bills prior us getting married in two separate occasions; each two ... A: Aida, 1) Figuring out what the debt was for. I would send the creditor a dispute letter. You can ...
payday loan collections	2/23/2011
Q: I live in Maryland and yesterday I received a call from an organization calling themselves the ... A: Jessica, None of this sounds correct. 1) A lawsuit and debt issue is a civil issue. Not criminal. ...
Amount due	2/3/2011
Q: I was living in maddison apartments, in MI, i've changed a couple of places before settling down in ... A: Sai, This is a common problem with creditors. Sometimes an employee will say something and never ...
Collections with TXU (Charge Off) - Not my bill	1/4/2011
Q: I moved out of a duplex about 8 years ago and got my own place. Little did I know that whoever was ... A: Mkat, TXU can only leave the negative item on your credit report for 7 years from the date of last ...
payday loan	12/16/2010
Q: My boyfriend got a payday loan a couple of years back about two and a half years ago and now they ... A: Jennifer, 1) Debtors can call you until you die. 2) You can mail them to cease and desist ...
FBSC/MCM trying to collect a debt from 1997	12/3/2010
Q: in 1997 I was a freshman in college and used PACBELL for longdistance. By my own admission I made ... A: Caryn, The simple answer is that they can not post the debt on the credit report again. They can ...
automatic payments	12/3/2010
Q: i had signed up for automatic payments but then my financial situation changed. I have asked ... A: Aretha, I have heard about companies refusing to remove a customer from automatic payments for ...
Collection agency for apartment cleaning	10/13/2010
Q: I currently live in Austin Texas since 6/7/2010. Prior to that I lived in a apartment located in ... A: Kenneth, I sorry to hear about your situation. It is bad to be betrayed when you thought they were ...
vacating a judgment	10/9/2010
Q: I am from Texas and I recently received a letter from a collection agency threatening me with ... A: Keith, You could possibly get the judgment vacated if the judge agrees with your position. You can ...
Broken Lease in TX from 2004	9/28/2010
Q: I had to break a lease at an apartment complex in Texas in 2004 and moved to Missouri. I had given ... A: Stacy, They have 4 years from the date of last payment to sue you. It sounds like that has long ...
creditor calls	9/24/2010
Q: I owe a couple of establishments. They've started to call me. I expected that. However, now both ... A: Michael, You can send them a cease and desist letter to stop them from calling and to get them to ...
Debt Collectors	9/15/2010
Q: 1st question, My wife has agreed to pay a collections agent $25.00 a month and they are adding ... A: Curtis, 1) Depending upon the original contract or agreement that you are operating under it maybe ...
Charge off delimma	9/12/2010
Q: I have HELOC account that is being reported as a ‘Charge Off”. The balance is $69,000. It was late ... A: Kevin, I am not sure how your HELOC is written but a bigger concern for me if you stopped paying ...
Harrassing Phone Calls from Bahamas Marketing Group:	8/28/2010
Q: I am receiving as well as my family and friends calls from this man name Steve Douglas, who also ... A: Lena, You are not right to pay him with out him providing documentation of the loan. Many scammers ...
payday loan collection question	8/20/2010
Q: a few days ago my checking account was debited almost $1200 (original amount plus a lot of fees) ... A: Joseph, Unfortunately, it too easy for a company to withdraw money once they have all the bank ...
Collection Calls at work	8/19/2010
Q: I am receiving phone calls from some man named Jeff Morrison with a middle eastern accent telling ... A: Min, They are not allowed to call and say such things to your work place. Next time they call you ...
Collection letter	7/29/2010
Q: I received a letter from a collection agency almost 2 years ago for less than a $200 debt. They ... A: Sabrina, I can understand why you would not want your credit score tarnished by this. Since it is ...
Credit card collection agency harassing me	7/28/2010
Q: About a month ago I received a call from a collection agency wanting to collect on a debt I incurred ... A: Lupita, I am sorry that this is happening to you. It seems like they have violated the FDCPA on ...
Student Loans	7/20/2010
Q: Dept Educ, said I had a loan from 1978 but it didn't show up until after I consolidated they ... A: Dee, If this is not your debt then have you tried filing a fraud or id affidavit? I would call the ...
debt collector calls	6/29/2010
Q: Ebert: I have been receiving as many as 3 calls per day from a company called Portfolio Recovery ... A: What state are you located in? <-- Original Question that I asked. Mr. Eric Cormier, Thank you for ...
Debt Not Mine	6/24/2010
Q: In 2008, I got a divorce in Texas and my ex-wife and myself were awarded half of the debts. ... A: Arturo, The divorce judge can not break up a contract with a creditor. All the judge did was assign ...
Debt Collector	6/18/2010
Q: I received a voice message on my cell phone. The individual identified himself as Robert Diller of ... A: Giavanna, I am with you that this call sounds very suspicious. There are a lot of debt collection ...
already sued!	6/14/2010
Q: I was sued by a small loan company and already went to court. The judgement was for the plaintiff. ... A: Gilbert, It is hard to pay the debt if you do not have the money. Since the company won the ...
credit card responsibiity	5/14/2010
Q: My mother has a credit card with charges, we share a checking account as she is unable to write her ... A: Gail, You are not necessarily responsible for your mother's debts. When she passes, the creditors ...
Texas debt statute of limitations Inquiry	5/9/2010
Q: I have been doing a lot of research since I was recently contacted by a debt collection law firm ... A: Jen, I have always learned from my attorneys that in most cases the statute runs from the date of ...
defaulted credit card/lawsuit	5/7/2010
Q: I was mailed a letter saying a process server was trying to serve me for a CA lawsuit on a defaulted ... A: Linda, First, if you have been sued you will need to answer the lawsuit. If they are trying to ...
payday loan collection	5/7/2010
Q: I recetly received a phone call from a processor stating that she was calling to warn me that papers ... A: Angela, First, this is either a scam or an overly aggressive debt collector. Either way, they can ...
harrassed by collection	4/28/2010
Q: I received a call tonight from my boss telling me some guy called and said that if i didn't return ... A: Sherri, What they have done is against the FDCPA. They can not threaten you as they have or contact ...
forecloser 11 years old	4/24/2010
Q: how do i get a11 year old forecloser judgement of we are tryen to buy a house this is in new new ... A: I would write to the credit bureaus to let them know that this is an item that is over 7 years old ...
Creditor Lawsuit	4/19/2010
Q: I sent a question on 4/9/10 about a creditor filing a civil lawsuit against me for $2900.00, I still ... A: This is somewhat normal. We are involved in creditor lawsuits all the time with attorneys that are ...
Next steps for unpaid promissory note	4/19/2010
Q: I loaned a friend $2600, and they signed an unsecured promissory note agreeing to repay the full ... A: Rick, Loaning to friends is a tough situation. You can do either. Collections -- It may be hard to ...
CHASE collection	4/11/2010
Q: Me and my husband had a bank account with WAMU now CHASE, my husband overdraft that account for some ... A: Rosa, Tell Chase that the money was for SSI which they can not take. You may need to fax them the ...
Creditor Lawsuit	4/9/2010
Q: A creditor has filed a civil lawsuit for $2900.00 against me, I have not been served papers yet but ... A: According to Ron Lipman found at: http://www.chron.com/disp/story.mpl/business/lipman/5065085.html ...
Creditor Lawsuit	4/9/2010
Q: A creditor has filed a civil lawsuit for $2900.00 against me, I have not been served papers yet but ... A: Pam, I would encourage you to answer the lawsuit whether you do it yourself or hire an attorney. ...
collection issues with a payday loan company	4/6/2010
Q: I got a payday loan in january and have not paid it. I am willing to pay it but cannot do so in a ... A: Amanda, They can not send you to jail. They can: 1) Place a negative mark on your credit. 2) ...
Collections calls/3rd party disclosure	3/24/2010
Q: My daughter recently applied for a loan at a loan company where I have an active account. She was ... A: Sam, I think this would be third party disclosure. You may want to contact a local consumer ...
payday loan	3/23/2010
Q: I got a online payday loan back in 2006. There just now notifying me stating that it hasn't been ... A: Shannon, They can not put in jail for taking out the loan and not paying it back. The tactic that ...
Correction of default letter from law office	3/10/2010
Q: I received a letter from law office for correction of the default. The amount due is $13,500. The ... A: Kimberly, The best thing that you can do is go to http://www.naca.net and search for a local ...
payday loan laws	3/1/2010
Q: I recently been receiving calls from a guy saying that they are trying to collect a debt that is ... A: Constance, First, they can not threaten arrest. That is a violation of FDCPA. Also, they can not ...
coll calls	2/25/2010
Q: I am in debt. I am the only one working. Can the collection agency call my place of work? Also can ... A: Kelly, You can leave out the dispute part if you like. You can probably take your IRS check to a ...
coll calls	2/23/2010
Q: I am in debt. I am the only one working. Can the collection agency call my place of work? Also can ... A: Kelly, The collection agency can call your work until you tell them that your employer does not ...
doctor no longer licensed - can he sue for fees for services provided while he was a doctor	2/22/2010
Q: Doctor rendered services in 2005. Doctor retired and let his medical license lapse in 2007. Doctor ... A: Chelsea, Generally, he has 4 years to file suit on a debt. If he actually does file suit and it has ...
old dept,2001	2/20/2010
Q: i was called by my little brother this morning,he told me a collection agencey was after me ,so i ... A: Tim, This is a common problem. First, it does sound like it is out of statute of limitations for ...
Medical bills in collections	2/17/2010
Q: I ran a credit report about two months ago and found I have five medical bills on my credit in ... A: Vanessa, From my experience, when you pay an old bill it brings the derogatory credit current and ...
being sued by creditor	2/10/2010
Q: In August of 2009 I hired a debt settlement company to help my family get out of extreme debt that ... A: Johnny, Unfortunately, I can not help write an answer without our law firm representing you. My ...
Collection - Disputed	2/4/2010
Q: As a part of my cable service I rented a cable box from my media company. At the end of my service ... A: Kevin, Sometimes when a claim is disputed the debt collector will close the file and send the debt ...
Arbitration judgment to Collection agency?	1/31/2010
Q: I have an arbitration judgment against me. Can a judgment be turned over to a collection agency? I ... A: Jacqueline, I need to know more about the arbitration award. If it was from the NAF and Mann ...
Marshall Delivering Civil Suit Action	1/28/2010
Q: A Deputy left a card yesterday, he was from the warrant/civil department. Since I'm not in trouble ... A: Wans, Even if you refuse to answer the door or pickup the summons/lawsuit it will still go on with ...
bill sent to wrong address	1/27/2010
Q: Early in the fall of 2009 my husband and I used our home depot credit card for the first time, to ... A: Tia, This is a common problem. I am not sure what you would go to the Postmaster to dispute. I ...
Repo in 2003	1/19/2010
Q: I have a Repo since 2003. I am trying to fix my credit and went to a place to do that. Since they ... A: Joshua, Unfortunately when you paid a little to them you reset the statute of limitations. See ...
Questionable Bank Phone Call	1/17/2010
Q: Mr Ebert, Thank you for attending to my question. I have on occasion made phone calls from one of ... A: Craig, Based on what you said here, I think that you have a good possibility of an attorney wanting ...
credit charge offs	1/17/2010
Q: I may have asked a question a few weeks ago to you but have one more question. I recently looked at ... A: Angela, Once the credit card company has charged off the account they usually will refer you on to ...
judgement	1/12/2010
Q: Is there a deadline a collection agency has to file a paid judgement? A: Linda, Quick answer is most people do it in 30 days or less. After they have signed the release of ...
Can Spouse be held for CC debt?	1/10/2010
Q: I live in Texas and have a $9,000 debt with Capitol One. It is my debt but I am unable to pay even ... A: Mary, Texas is a community property estate. This means that what debts you take on during the ...
Disputing a fraudulent account with Verizon	1/9/2010
Q: In 2006, 17 months after I moved out, my ex boyfriend's mother used my name and social security ... A: Tresa, I have dealt with Verizon several times regarding a similar issue. To me, it seems that you ...
line of credit judgment	1/7/2010
Q: I live in California and have 2 rental duplexes in Washington. I have a first for $270,000.00 and a ... A: Ian, If the creditor takes the judgment for the deficiency balance then they can go after assets in ...
Medical bill	1/5/2010
Q: Yesterday I received benefit explanations from my health insurance company for charges filed last ... A: Nancy, If you signed a personal guarantee on the medical intake (many do) you may be responsible ...
medical debt	1/5/2010
Q: I was wondering what if you owe a doctor 492.00 but have paid him 200.00 and now owe 292 and have ... A: Jessica, I doubt any one will sue over $292.00 considering that filing the lawsuit usually costs ...
American General Finance law suit	1/4/2010
Q: I received my original “Loan Agreement and Disclosure Statement” via US mail dated May 15th 2009. ... A: John, I could not tell if there is a lawsuit here based off what you said. You may want to find a ...
Collection account sold to another collection agency.	12/25/2009
Q: I have couple of questions. I have been trying to help my sister clean up her credit so she can buy ... A: Lily, 1) There is no law that says they can not. But usually, when brought to the credit bureaus ...
broken lease due to new job	12/17/2009
Q: I need to know if my previous leasing office can send me to collections if I'm making an effort to ... A: I have dealt with issues like that. Contact their corporate office rather than the leasing office. ...
broken lease due to new job	12/17/2009
Q: I need to know if my previous leasing office can send me to collections if I'm making an effort to ... A: Stephanie, I am sorry you are having problems with your old landlord. They can send you to ...
statue of limitation	12/17/2009
Q: we had a signed contract where the work was completed 5/31/06 and in Maryland the sol is 3 yrs. the ... A: Debbie, The statute of limitation is usually found from the date of last pay. There are exclusions ...
Credit card debt/SS disability	12/13/2009
Q: I have a credit card from years passed, i completely forgot about it until i recieved a letter in ... A: Pauli, Since the debt is so old, they may not be able to sue due to statute of limitations of a ...
Collections - Medical Bill	12/9/2009
Q: My son went to the ER last year; at the time, we had not received his new insurance card as we had ... A: Mike, You may be responsible for the debt. On many ER admissions forms there is a financial ...
My debt is over 2.5 years	12/6/2009
Q: I used to live in Texas and accumulated over $16000 on 6 different credit cards, now for almost 2.5 ... A: Andy, If you are worried about legal consequences then you may want to consider paying the debt. ...
Pay Day Loan	12/4/2009
Q: My husband got a call from a man stating he was an investigator and was calling about a defaulted ... A: Janie, 1) They can not get a warrant to pick anyone up for a debt. The most they can do is to file ...
Suing on past due loan to a friend	12/3/2009
Q: I loaned a friend $10k last October as a credit card balance transfer in GA. She signed a promissory ... A: Jess, 1) It would be appropriate to sue in Texas. You will need to sue soon or the statute of ...
Calif. resident and credit card debt	12/3/2009
Q: My son has been out of work a long time but recently found a job. His credit card debt climbed to ... A: Art, Your son is in a predicament. But it can be resolved with a little hard work on his part. 1) ...
Old Credit Card Debt	12/1/2009
Q: I have been contacted by Greystone Alliance out of New York in regards to an old Mastercard CC debt ... A: Anthony, It sounds like you main issue is that your want the debt collector to stop calling you at ...
Credit Card Debt & SSI	11/30/2009
Q: My husband and I live in Texas and currently own my home and cars outright. However, my husband has ... A: Lauren, If the creditors decide to sue, win, and obtain a judgment against you then: 1) They can ...
debt collection	11/24/2009
Q: My question is this, I understand that there may be a website out there that an individual can ... A: Sharon, Other than www.annualcreditreport.com , I am not aware of any website that does what you ...
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 -- ...
????	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 ...
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 ...
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 ...
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: ...
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 ...
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 ...
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 ...
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/) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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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Chris Ebert

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I can answer questions for Texas and California residents concerning issues that involve creditor and debtor rights. Specifically, I can answer questions concerning: FDCPA, FACTA, FCRA, and Texas / California state collections violations.

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For the last 6 years I have worked as a Sr. Paralegal in a law firm (http://www.henleycreditlaw.com) that defends debtors against their creditors. I have reviewed thousands of credit reports and under the supervision of our attorney helped hundreds of client resolve their credit issues.

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Henley & Henley, PC

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BBA University of Texas at Austin

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