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Collections Law/Questions Answered by Expert Regan Shinski

SubjectDate Asked
phone calls5/11/2011
  Q: How would debt collectors obtain my wifes cell phone number? We just married a couple months ago ...
  A: I'm not sure how they got it but there are a variety of ways. Usually it's just the number was ...
debt collection5/6/2011
  Q: Yesterday I had a judgment rendered against me in a will's dispute in estate court in Pennsylvania. ...
  A: They can but it depends on value and your total situation. This is what is exempt (protected): One ...
Comcast collection agency4/27/2011
  Q: I canceled my Comcast business service with them back in October 13, 2010. The problem is they still ...
  A: Ok Cindy. in a strange way, this is actually good news because you have stronger laws and more ...
Credit Card Co. filed Bankruptcy4/22/2011
  Q: We started up a business using credit cards so that we wouldn't have to put our house up as ...
  A: I will try and answer your questions specifically: 1.) Yes, you are still legally obligated to pay ...
Comcast collection agency4/19/2011
  Q: I canceled my Comcast business service with them back in October 13, 2010. The problem is they still ...
  A: Please send me a "follow-up" question with the additional information I need. I really need to know ...
garnishment4/19/2011
  Q: I owe several creditors thousands of dollars. My only income is Social Security widowers benefits. ...
  A: In general, those wages are not subject to garnishment. There are exceptions such as court-ordered ...
student loan repayment law?4/18/2011
  Q: My student loans are coming into repayment. I'm currently working part time at a grocery store. I ...
  A: Sadly, this is a complex question that I cannot answer fully based on the information you provided. ...
Texas Foreclosue 2nd Mortgage4/13/2011
  Q: We owned a home in Texas when lay offs forced us to move to another city for work. We had our home ...
  A: Is the collection/foreclosure not reporting on your credit? If it is reporting, I would be certain ...
credit card debt/being sued by Chase4/11/2011
  Q: I received a call from a law firm representing Chase Bank. They informed me that I was going to be ...
  A: I really believe the issue of filing bankruptcy if a deeply personal choice. In this type of forum, ...
Credit card turned down by false claim4/5/2011
  Q: Have applied in the past for a Mastercard. The request was denied claiming I have bad credit as ...
  A: *** ADDITIONAL/REVISED ANSWER AT THE END OF RESPONSE *** Are you sure the reports are clean? ...
Breach of Contract, Fraud, unregistered lien, BK, re-affirmation of promissory note4/3/2011
  Q: I loaned $50k to a "friend" for a 5th wheel RV to live in, with a Promissory note, in CA. No ...
  A: I am really sorry to hear you are in this situation especially since you tried to help someone out. ...
condemed home3/29/2011
  Q: I have a house that i still owe money on. we had a room added onto the back and our roof redone. ...
  A: I think I follow what you are asking, but repost your question if I am not following you properly. ...
Notice of Right to Cure Default Letter3/26/2011
  Q: I received a letter from my auto loan company stating that if i paid X amount of dollars by a stated ...
  A: Your option would be to sue them. I mean you can take intermediary steps such as sending the letter ...
Want to settle 2nd mortgage3/24/2011
  Q: Regan, How would you recommend I approach attempting to settle with my 2nd mortgage lien holder? ...
  A: It will be virtually impossible to settle the second mortgage for less while maintaining your credit ...
Title Pawn Loan2/18/2011
  Q: Do you have any tips on negotiating a title pawn loan agreement in Georgia. Original loan was for ...
  A: Very little. They generally are the more strict of all creditors. However, it really depends on ...
medical bill payments2/17/2011
  Q: I was recently seen in the ER and the bills came this past month. I have been calling to make ...
  A: The law varies by state. For example, California has some of the more patient friendly rights. You ...
Late Payment Fee2/17/2011
  Q: I just received notification from a collection agency for a medical bill that I had not previously ...
  A: Probably not, because it is probably not all being assigned to interest. It also depends on how old ...
car loan2/17/2011
  Q: Regan I have question on general law knowledges because I am foreigner and all legal matters a ...
  A: Based on what you are telling me, it sounds like the debt could be assigned to you. Sometimes ...
Erroneous Negative Reporting from Equifax2/16/2011
  Q: Equifax has been incorrectly reporting negative information on me since 2005. Despite numerous ...
  A: I am only going by the information you provided, so don't be offended. If I am missing information, ...
Credit Card Lawsuit2/16/2011
  Q: I'm pass delinquent on some credit cards, one of which is Capitol One. I was recently informed by ...
  A: In the short term, I would get the necessary paperwork completed to get a continuation on the court ...
Foreclosure/2nd Mortgage2/14/2011
  Q: I have a home that has a main mortgage which is FHA insured and a home equity loan which is not ...
  A: I really feel I must preface this answer with the facts that I don't live in New Jersey and am not a ...
Costs after repossession2/10/2011
  Q: My husband's lawn mower was repossessed. Now he received a letter that he owes $2500 for lawyer and ...
  A: It's going to depend on the contract and your state laws. However, most do allow for reasonable ...
collection2/9/2011
  Q: I received a letter from a collection agency (LTD Financial) to settle a debt from 9,000 to 3,000 ...
  A: Very few legitimate collection agencies will negotiate on the 1099 issue but I suppose anything is ...
collection2/7/2011
  Q: I received a letter from a collection agency (LTD Financial) to settle a debt from 9,000 to 3,000 ...
  A: Do you owe the debt? Do they have the legal right to collect the debt? If I sent you a letter ...
credit card payment2/4/2011
  Q: i have credit card i have not been able to pay.the account is closed.but the credit card still ...
  A: Sadly, the answer is typically "yes." This generally stops on the formal charge-off date, the date ...
Collection Agency collecting on Judgement2/2/2011
  Q: I have been doing so much research lately but not really getting any good information. I got ...
  A: You asked several questions if they can "collect" on amounts outside the judgement amounts. They ...
A hold on my bank account1/31/2011
  Q: I am trying to fix my credit and just opened a bank account. Checking and Savings. About 6 or 7 ...
  A: I really suggest you contact me because there is more information I need and would rather talk to ...
Judgement1/26/2011
  Q: I have two judgement on my credit. They both are unpaid. One is scheduled to fall off this April and ...
  A: A judgement can come off your credit after about seven years in some cases. In other cases, such as ...
Collections on a closed account1/22/2011
  Q: i have a question i have this issue with a collection account that is joint with my mother. She is ...
  A: For repairing the credit, it is a job of credit repair. Go to www.ficofighter.com for more ...
Son's hospital bill1/19/2011
  Q: My son was seen at UC Davis in Sacramento and he got a bill for $20,520. They refused to send an ...
  A: I'm sorry you and your son are in this situation. Your question is kind of broad, so I'm going to ...
Credit card collection1/18/2011
  Q: My husband and I have been having a hard time financially and when it began I tried to keep up with ...
  A: I know times are tough and the situation is all relative, but that is not really a lot of money in ...
Old accounts1/15/2011
  Q: Recently (2010)I received a notice from a collection agency saying they were collecting on a credit ...
  A: You are going to be very vigilant with this creditor as they are already showing significant signs ...
Long Standing Collection1/10/2011
  Q: I had an emergency appendectomy in 2002 when I was 21, and did not have insurance. Though I had lost ...
  A: Sadly, your payments have likely kept EXTENDING the statute of limitations! This may mean it is as ...
Judgement - Negotiate with Unifund1/8/2011
  Q: I have recently lost in a default judgement against Unifund from an original amount due of $10000 ...
  A: Very little because each creditor is different. I can give you some general statements about ...
car title loan1/7/2011
  Q: I have a car title loan, and have had it with the company for years. Paid off a couple.I got another ...
  A: This really depends on what type of paperwork or proof you have. When you received the increase, ...
hasseled by collection agency over ex employer's debt.1/5/2011
  Q: I recently received a collection notice regarding a debt belonging to my last employer. One of my ...
  A: In theory, it is possible. They are talking about a personal guarantee. If it is deemed that you ...
Garnishment by CACV of Colorado1/4/2011
  Q: My 10 year old debt of $3900.00 turned into a $12,000.00 judgment adwarded to CACV of Colorado by ...
  A: The garnishment should stop when paid in full automatically. However, the garnishment is typically ...
Unknown debt being collected12/1/2010
  Q: My wife recently discovered a collection action on her credit report. Her scored had consistently ...
  A: This can be a long process, so you may need to ask me a follow-up question down the line. There are ...
unsecured credit card11/24/2010
  Q: I received a call the other day from a Collection agency stating that I owe a credit card for one ...
  A: In most states, they can do that. This is done by taking you to court and getting a civil judgement ...
credit freeze11/19/2010
  Q: If I freeze my credit reports, who will able to view credit score or report? Will employers that do ...
  A: Assuming there is no human mistakes, no one will be able to view your reports without your ...
check collections11/15/2010
  Q: I have a collection company listing a debt on my credit report for a check that was returned for ...
  A: It should come off very soon. It should report for seven years, so you are at the end. Send a ...
Credit Card personal loan Collection11/14/2010
  Q: To whom it may concern: I recently have come into tough times financially. I am unable to pay for a ...
  A: They can definitely sue you. They can garnish wages, attack bank accounts, place liens on property, ...
Pay day loans/threating collection calls11/12/2010
  Q: I had a person call my job and said that I was being arrested for defaulting on a pay day loan that ...
  A: I'm exactly sure what you are saying is possibly not legit. Did you actually take a loan? If so, ...
car repo11/12/2010
  Q: my car is being financed by county financial and i'm behind two car notes and last Thursday i ...
  A: I'm sorry you are in this position. I'm afraid you have little options. You cannot amend a written ...
collection agency calling for debt that I am not aware of11/11/2010
  Q: I recently received a letter from a collection agency for a debt that I am not aware of. It is ...
  A: You should send a certified letter to the collection agency asking for debt validation under the ...
account garnishment11/10/2010
  Q: Can credit card creditors garnish tax refunds? I will be out of work. No money in bank account to ...
  A: If it is as you say and there is no crossing of either name onto either account, it should be safe. ...
colletion threat11/10/2010
  Q: I got a call from unknow caller and saying she is trying to serve me a summon. she gave me a phone ...
  A: To answer your specific questions, yes they can hire another company to handle the case in New York ...
Deficiency Balance on Reposession11/9/2010
  Q: My car was recently repossessed. I live in Texas and want to move to New Mexico. The creditor sent a ...
  A: I don't know if they WILL come after you, but the CAN if they want to. In general, New Mexico laws ...
debt collection11/5/2010
  Q: Can nationwide credit Inc. repossess a vehicle that Capital one auto finance charged off? i owe ...
  A: It is possible. Debts, like property or any other asset can be sold. Without getting too far off ...
illegal repo11/3/2010
  Q: I went to get a auto title loan in glendale az on 9/14/ 2010 upon completion of thr app around ...
  A: You gave a lot of detail (thank you) but it is still a confusing situation. I'll do my best. If ...
Debt collection for an account from 199811/2/2010
  Q: Recently, I started receiving phone calls from collections agency on a Capital One account that,by ...
  A: I believe you are spending too much time on this. I believe this debt is well beyond the statute of ...
Payday Loan Collections11/2/2010
  Q: Is it legal for a payday loan company to try to debit money form an account other than the one you ...
  A: As you described it, no they cannot. If it's in your contract or if your name is tied to the ...
Collection Law in Texas11/1/2010
  Q: I took out a payday loan and then had to close the account they were to receive payment back off of, ...
  A: I would calm down a little bit, it's probably not as bad as it sounds. HE cannot arrest you. Only ...
harrassment10/30/2010
  Q: A collection person came to my home and threatened to have me put in jail if I didn't give her ...
  A: If you can prove it, I would sue their tail off for a LOT of money! That is a MAJOR violation of ...
Credit card counseling10/28/2010
  Q: What organization do you recommend for counseling on credit card debt to hopefully lower interest ...
  A: This is a tactic where you selectively do not pay one or debts. Let's examine options for a debtor ...
chapter 13 dismissal dealing with creditors10/26/2010
  Q: In 2006 we bought a tire business from a friend who did not disclose all the problems with the ...
  A: You should send them a letter asking for debt validation under the FDCPA. In the letter, you can ...
Question about medical bill and collection agency.10/26/2010
  Q: My father was visiting from out of country and he had a heart attack. He was uninsured at that time. ...
  A: I think you are right to send the 40% and the letter to the HOSPITAL. I would not send anything to ...
repossesion10/25/2010
  Q: I have a question? I currently live and work in nc. I've had a vehicle repossed in va where the ...
  A: I'm a little short of information I need to fully answer your question, so I'm going to do my best. ...
ex-wife defaulting on Car loan10/22/2010
  Q: I was divorced in February of 09. My wife was awarded our vehicle and responsibility for the loan ...
  A: Yes, sadly, your only recourse at this point is wait for the auction. This then nets out the final ...
statute of limitations10/22/2010
  Q: I have lived in Az my whole life and am moving to New York. I have alot of credit card debt. Which ...
  A: In general, the state you live in is the state the statute of limitations (SOL) applies in. There ...
OHIO Statute of Limitations10/22/2010
  Q: I co-signed for a car loan in Pennsylvania and now live in Ohio. The loan was defaulted on, is ...
  A: In GENERAL, the state you live in. There are some exceptions, most notably if they started legal ...
protecting cash, and bogus service10/21/2010
  Q: You gave me some information to my previous question, and that was very very helpful. What is an ...
  A: Unless the bank can give you assurances that the funds are safe, I would not put money into the ...
Collection Agency vs. Original Creditor10/21/2010
  Q: My credit report has the original creditor and a collection agency for the same account. The ...
  A: You need to be VERY careful here. First of all DON'T assume the dates and information you are ...
protecting cash, and bogus service10/21/2010
  Q: You gave me some information to my previous question, and that was very very helpful. What is an ...
  A: Again, the issue of freezing versus just taking really is a state and bank policy issue. I have ...
protecting cash, and bogus service10/21/2010
  Q: You gave me some information to my previous question, and that was very very helpful. What is an ...
  A: I do not believe the online funds are necessarily protected. I think they still have to obtain ...
Collection agency asking daughter for payment of mother's debt...10/20/2010
  Q: I live in Texas and am 23 years old. Will try to write this efficiently...My mother took me for a ...
  A: The Fair Debt Collection Practices Act (FDCPA) governs collection agencies and their activities ...
Collection agency asking daughter for payment of mother's debt...10/20/2010
  Q: I live in Texas and am 23 years old. Will try to write this efficiently...My mother took me for a ...
  A: If it happened as you say, you are not legally obligated to pay the bill. The only POSSIBLE ...
condo fee collection/court judgment10/20/2010
  Q: I owed back condo fees and the Condo Association's collections attorney took me to court and ...
  A: I am not going to be able to answer your question with 100% certainty without seeing the original ...
Credit card counseling10/19/2010
  Q: What organization do you recommend for counseling on credit card debt to hopefully lower interest ...
  A: I own a credit repair company - we are paid to remove negative information from consumer's credit ...
Problem on credit report9/21/2010
  Q: .here is the situation in a nutshell: In 1997 I purchased a house with a boyfriend at the time and ...
  A: You need to get a better track record of evidence. Don't call them again unless you are LEGALLY ...
collection9/19/2010
  Q: I am in NY. I've recently returned a leased car to the bank from which I borrowed. This is a small ...
  A: I believe your intuitions are correct in that you may be premature in taking legal action yourself. ...
Social Security from debt collectors.9/17/2010
  Q: My daughter almost died earlier this year, she is 49 and I am 71. I was out so much expense over ...
  A: I'm not sure bankruptcy is a good choice for you, although you should always keep your options open. ...
Pending Judgment?9/16/2010
  Q: I purchased a camper for my sister (mistake, I know) that she and my brother-in-law were making the ...
  A: First thing: your brother-in-law is wrong. They may get a judgement but they won't be paid ...
? pfd9/10/2010
  Q: How do you do a payment for deletion on credit cards that are over there limit, and medical accts ...
  A: There is no one way to do a pay for delete. This is simply a negotiation with the creditor. Many ...
Credit card debt collection after death9/5/2010
  Q: I have terminal lung cancer, I have credit cards, in my name only, with outstanding balances. I have ...
  A: I am sorry about your condition. My wife (42 years old) is battling stave IV breast cancer as we ...
Student Loan Collections9/2/2010
  Q: I have defaulted student loans that have been sold to NCO Financial. I lost my job 4 years ago, and ...
  A: You are not going to like my answer. You are at their mercy. A judgement is a powerful collection ...
Credit Reapir for Daughter9/1/2010
  Q: I had a credit card that I requested my daughter, who was 11 at the time and who was going on a trip ...
  A: She needs to send a letter directly to the credit bureau disputing the debt. It appears she has a ...
Student loan for a parent who had a stroke8/30/2010
  Q: My mom cosigned for a student loan for my sister and it automatically rolled over for a second term. ...
  A: Your mom is in a difficult position as student loans are very difficult to eliminate. However, in ...
Car Loan Default/Repossesion/Grand Theft Auto8/29/2010
  Q: I have a car that is on loan from a bank. They were unable to repossess it prior to me moving out of ...
  A: Believe it or not, it IS possible. You're playing with fire by doing this. Much of this depends on ...
threats to repo car8/28/2010
  Q: I am a resident of mi. and have an auto loan through automotive credit corp. I am 17 days past due. ...
  A: If you broke the terms of the contract, yes they technically can take it at one day past the ...
credit rating8/18/2010
  Q: I recently fell on hard times and it caused my credit score to drop tremendously a 250 point ...
  A: I can't answer this question for you as it really is a deeply personal decision. Strictly from a ...
Assignment and sales of credit card debt8/17/2010
  Q: A debt collector sent me a letter stating that they were assigned my alleged debt from Citibank. And ...
  A: It's common to have multiple collection agencies working at the same time. However, there always is ...
wrong number8/10/2010
  Q: Ihave been getting 3 to 4 calls per day for the past two weeks that come from a collection agency. ...
  A: This is a fairly easy problem to correct but does need some action on your part. Send a certified ...
Being Served for a credit card law suit8/5/2010
  Q: So in California, or at all, doesn't the company suing you have to serve you, if you are over the ...
  A: Sadly, I have to confirm that this appears to actually be fully compliant with California law. In ...
Collections8/4/2010
  Q: I had two vehicles financed and a house mortgage in Georgia. I lost my job and moved to Florida 4 ...
  A: I think you are premature on the options you are talking about, unless there are SIGNIFICANT other ...
small claims8/3/2010
  Q: We just got a one page letter from a collection agency for medical bills. I has specific dates that ...
  A: It's difficult for me to say with 100% certainty without seeing the letter. However, I can tell you ...
Hospital Bill8/1/2010
  Q: I was seen in a hospital in Utah in December of 2009. I was dishcharge under "Back Pain". After ...
  A: The basic point of a creditor having to notify you before turning an account over to a collection ...
Auto Loan - car returned bal due?7/30/2010
  Q: I live in Ohio. I started an auto loan with CNAC in 11/2009. My car was totalled when someone ...
  A: I think the more important paperwork is the return paperwork. You gave them a car, what type of ...
collection agency has the wrong person!7/30/2010
  Q: So about 2 weeks ago, I received a summons for 3 parking tickets I believe I got at a University in ...
  A: This is really too confusing for me to follow. You wrote in your second post "So basically, since ...
collection agency has the wrong person!7/30/2010
  Q: So about 2 weeks ago, I received a summons for 3 parking tickets I believe I got at a University in ...
  A: I believe this updates make it worse for both of you :( If the court papers are in YOUR name, YOU ...
collection agency has the wrong person!7/30/2010
  Q: So about 2 weeks ago, I received a summons for 3 parking tickets I believe I got at a University in ...
  A: First of all, I am assuming you are strictly talking about a civil debt and not a criminal parking ...
Auto Loan - car returned bal due?7/29/2010
  Q: I live in Ohio. I started an auto loan with CNAC in 11/2009. My car was totalled when someone ...
  A: This really depends on the contract wording. Specifically, the return paperwork when you brought ...
Corporation debt on personal credit report7/28/2010
  Q: Greetings from Oregon. My wife and I are in the process of cleaning up her credit report. My wife ...
  A: This is a very complicated question to answer and I cannot do it with certainty without reviewing ...
Affidavit7/27/2010
  Q: I really don't know what I'm doing. I have never been sent court papers, but I have a garnishment on ...
  A: You need to tackle this in two steps: Stop the bleeding, and begin to fire back. First, you have ...
collection7/25/2010
  Q: I asked a credit agency to send a letter in the mail for either payment for deletion or a settlement ...
  A: I owned a fairly successful credit repair company for many years. Then I sold the business. As ...
collection7/25/2010
  Q: I asked a credit agency to send a letter in the mail for either payment for deletion or a settlement ...
  A: It is not common. You definitely should have it on company letterhead. I believe this to be a ...
judgement7/23/2010
  Q: Once a judgement is paid, must all "collections" information on a credit report, pertaining to that ...
  A: No, because interest and collection fees can go up but the judgement typically stays the same. This ...
Notice of Judgement7/20/2010
  Q: I was served papers by a collection agency 02/2010 about an outstanding medical bill. I immediately ...
  A: I'm afraid you are not going to like my answer. You have limited options. Written or court ...
being sued for credit card use7/19/2010
  Q: My sister's boyfriend often times builds computers for people, provided they pay for the necessary ...
  A: This is a civil matter and will likely be determined strictly by the evidence. It's hard for me to ...
Collecting from past due accounts7/15/2010
  Q: We run a tax planning business and we have several individuals who have not paid for the preparation ...
  A: It is unlikely and cumbersome for a business that does not extend typical credit to directly report ...
Collections/Cosigner issues7/13/2010
  Q: what can I do if my fourwheeler was paid off by my cosigner and he won't work out arrangements for ...
  A: There is nothing you can do to "make" him give you access to the account short of a subpoena. It's ...
Collections/Cosigner issues7/13/2010
  Q: what can I do if my fourwheeler was paid off by my cosigner and he won't work out arrangements for ...
  A: I'm afraid you will likely not be pleased with my answer. You have little recourse short of working ...
collection on unsecured credit card debt7/12/2010
  Q: I have a unsecured credit card debt that has been charged off about a year and a half ago or so , ...
  A: A chargeoff is strictly an accounting maneuver. It really has no meaning on the liability of the ...
collection on unsecured credit card debt7/12/2010
  Q: I have a unsecured credit card debt that has been charged off about a year and a half ago or so , ...
  A: I'm not sure exactly what you are saying they can't do. Accounts often change hands multiple times ...
Judgement6/8/2010
  Q: I live in Florida, and I had a voluntary repossession in 2003. My debt was sold to a collection ...
  A: Celeste: It would be against the law for them to put it back on your credit files. However, people ...
medical collections6/4/2010
  Q: We had a medical bill go to collections for about $600. When the collection agency called, I told ...
  A: This really depends on state laws but most states do allow for court costs and attorney fees. ...
Invalid medical charges from doctor6/2/2010
  Q: A specialist intentionally lied to me and provided me with mis-information on being an in-network ...
  A: Your recourse is against all of them by all means possible. I would add the doctor you trusted who ...
Really Old Debt - Possible Judgement5/26/2010
  Q: Good Morning, First let me provide some background. In 1996 I had a personal loan in CA. I was ...
  A: I am answering this question ONLY based on the information you provided and am assuming what you ...
FCRA violations in small claims court?5/25/2010
  Q: "I returned merchandise purchased from an online company within their 60 day timeframe for returns, ...
  A: Yes, it sounds like you have a pretty clean case and well-documented. One minor correction, you ...
Summons for CC Debt5/7/2010
  Q: I have 23k in CC debt all from Chase which I stopped paying since February. I was left a summons at ...
  A: You are on the right track and I really can't answer this for you as it really is a personal ...
debt collection5/6/2010
  Q: I was working for a real estate company, which I stop working a couple of years ago. The company was ...
  A: This is difficult for me to give you specific advice because I'm not sure I understand who is trying ...
Collections5/3/2010
  Q: I received a phone call about a month ago stating I owed $57 to Hawthorne Collectibles for something ...
  A: If push came to shove, they would have the burden of proof but you have to stay vigilant with them. ...
Medical bill5/2/2010
  Q: This winter I was diagnosed with Lyme disease, and since no one in Vermont is a Lyme specialist, I ...
  A: If it happened as you said, I believe you should contest the bill. The procedures vary by state. ...
Money taken from my account that I was unaware of5/1/2010
  Q: The collection agency William&Fugde took money out my account without me beening aware of the ...
  A: I'm sorry you are in this situation. Collection can do this if they have a judgement in place. In ...
credit card4/29/2010
  Q: my mother passed away, she has very little money in her account who is responsible for her credit ...
  A: First any joint holders would have the first obligation. If they were only in her name, then her ...
dental billing4/20/2010
  Q: I live in NY and have dental insurance... I visited the dentist , had a cleaning , X-rays, and ...
  A: This is a civil issue and, sadly, your recourse options would likely take longer than the 4-6 weeks. ...
Authorized user and mixed debt4/15/2010
  Q: My Parents had me a designated "Authorized User" on their credit card, they have both passed ...
  A: You need to send them the death certificates and close the account. That really should have been ...
Summons4/14/2010
  Q: I am being sued by Chase for more than $30,000 plus huge interest because I could not keep up with ...
  A: You can petition the court for an extension but the procedures vary by court and jurisdiction. Call ...
Checking Account seizure4/10/2010
  Q: I live in North Carolina. My checking account has only social security and 2 private pensions ...
  A: They should not be able to but mistakes happen. Make sure that ONLY those funds have EVER been ...
judgement4/9/2010
  Q: Can a judgement in Pa. take or liquidate my car, motorcycle, ect... even if the banks still hold ...
  A: First of all, I don't live in Pennsylvania, so I suggest further research or legal advice. However, ...
Bank transfers of auto loans4/8/2010
  Q: My auto loan was held by the original lender for the last 4 years. This lender was bought out by ...
  A: First of all, the issue you spoke of on home loans is not black and white. It really depends on the ...
open letter4/7/2010
  Q: I got a letter from a collection agency they neglected too seal the envelope. can i seek damages?
  A: Probably not. Someone else still would have had to commit a crime by opening the letter in order ...
Student loan servicing fee labeled as "collection cost."4/5/2010
  Q: I'm in repayment for a student loan from the Kansas Board of Regents, a state agency that manages ...
  A: Courts and states can have different definitions of some terms. I'm not aware of the definition you ...
Judgement agaisnt me4/4/2010
  Q: I just found out a judgement of $8800.00 has been ruled against me from a apartment complex I was ...
  A: It depends on the court. Each court has different procedures. You can call them and find the ...
Ohio Credit Reporting3/31/2010
  Q: I reside in Ohio and recently I pulled my credit reports. I found that I have 7 negative remarks ...
  A: The Ohio statute of limitations appears to be 15 years for written contracts, so you are about half ...
Sheriff-default judgement??3/29/2010
  Q: A sheriff went to my parents house with a warrant for my arrest.The judgement was issued to a ...
  A: Are you saying you had an arrest warrant of the sheriff was trying to collect on a judgement? An ...
collections notice after two years3/27/2010
  Q: Sir, I've been an active duty military member since 2002. In June 2007 I received orders for an ...
  A: glad you are well, and sorry you have to deal with such stupid issues like this :) The first thing ...
Fighting a hospital bill - Part 23/25/2010
  Q: (Too many follow-ups, so I am having to start a new question.) To recap: I was reported to a ...
  A: Congratulations on getting it resolved. Ultimately that is the best thing. In today's world, ...
unknown judgment against me3/25/2010
  Q: I was checking my credit reports after quite a long while.I found a judgment on 2 of the credit ...
  A: There are two basic steps you can take immediately. Depending on the responses and what information ...
debt collector3/24/2010
  Q: I have just received a collection notice in the mail from an electric company that I had almost 10 ...
  A: You are kind of asking about two separate issues. If you have not have this account for more than ...
1099 C3/23/2010
  Q: I purchased a car in 2001 and it was voluntarily reposed in 2003. The servicing company sent the ...
  A: Yes. Many companies send the 1099 at the very end - often up to seven tax years after the ...
Fighting a hospital bill - Part 23/18/2010
  Q: (Too many follow-ups, so I am having to start a new question.) To recap: I was reported to a ...
  A: It's just negotiations. I really can't tell you how they will respond or how to play it. You ...
Fighting a hospital bill - Part 23/18/2010
  Q: (Too many follow-ups, so I am having to start a new question.) To recap: I was reported to a ...
  A: Did your letter include the provision about having all future contact in writing? If so, they have ...
Credit card debt of deceased spouse3/17/2010
  Q: My deceased husband racked up some $70K in unsecured credit card debt on credit cards taken out in ...
  A: California is a community property state. Much like you hear of famous celebrities having to pay ...
Debt Validation Letter3/15/2010
  Q: I sent a request for debt validation letter to a collections company regarding one of my debts. I ...
  A: You should read the FDCPA regarding this aspect of credit repair. The relevant part of section 809 ...
Debt Validation Letter3/15/2010
  Q: I sent a request for debt validation letter to a collections company regarding one of my debts. I ...
  A: If it came down to that in a court setting, I don't think that issue will be of major concern as it ...
medical bill payment3/12/2010
  Q: I just recently went to emergency.My bill is almost 5,000.00.After talking to their billing dept. I ...
  A: I'm sure what happened, but this question is showing up as having never been answered but it was not ...
auto loan and bankruptcy3/12/2010
  Q: My wife is filing Chap 7 bankruptcy in 2 weeks. She has a consolidated loan with wells fargo ...
  A: I'm not sure what you are trying to do. If you are trying to keep the car and pay a reduced amount, ...
collection on car loan3/11/2010
  Q: In my divorce settlement the ex got the car the car was in both our names. She has defaulted on the ...
  A: You did not send this question to me but I saw it in the question pool. I don't know if you have ...
collections from westlaw3/11/2010
  Q: I have an issue where I purchased a software product and decided I wanted to cancel the subscription ...
  A: Gabriel: This is always a very complicated area of law. I'm going to say upfront that there is no ...
Repo threat after dismissal?3/2/2010
  Q: I was sued by my finance company for not making my car payments. I filed an answer and asserted an ...
  A: You did not send this question to me but I saw it in the question pool. I don't know how long ago ...
Please help I'm in a difficult situation!2/26/2010
  Q: I will greatly appreciate it. I have the following problem, recently I was not able to make my ...
  A: You need to find the status of the debt. Ideally, you would get something in writing from household ...
BANKRUPTCY??2/23/2010
  Q: I HAVE 3 ACCOUNTS ON THE SAME COLLECTOR AND THEY SAY IM IN COTENT OF COURT AND I HAVE OTHER DEBTS!! ...
  A: You can file bankruptcy at any point and if you qualify for chapter 7, it will likely alieviate any ...
Fighting a hospital bill.2/17/2010
  Q: I went to the hospital over 3 years ago where I was over-treated and lied to by the hospital staff. ...
  A: Chris: Remember to get copies of your credit report and preferably your credit score. This will ...
Hospital Bills vs. My fathers property sale2/17/2010
  Q: My father recently suffered a stroke. He had no insurance, and racked up a huge hospital bill. He ...
  A: I'm sorry to hear this news and bless you for caring for your father! A lot of this depends on ...
damage to credit2/16/2010
  Q: Just divorced. Ex has credit card in her own name only which decree says she will pay. I live in ...
  A: Most credit card companies would start reporting on the statement date that reports a thirty day ...
Secondary cardholder responsibility2/14/2010
  Q: Prior to my mother's death 6 years ago, she asked me if I wanted to be put as a secondary user on ...
  A: This depends on if you are a co-signer on the credit card agreement or just an authorized user. If ...
Purchase-money security interest2/10/2010
  Q: Q: What happened to (purchase money security interest) PMSI when we buy an automobile on credit? Do ...
  A: It has to be clearly written in the agreement what the security interest is, what is needed to clear ...
collection problem2/7/2010
  Q: can a collection agency remove an account from collection if they want to
  A: Yes, although many have policies against it. Thanks, Regan p.s. I assume you meant remove an ...
False Signature2/6/2010
  Q: I went to work and I must have left one of the doors open because a title loan agency called me ...
  A: You need to call the police or local law enforcement in your jurisdiction and tell them of the ...
Purchase-money security interest2/4/2010
  Q: Q: What happened to (purchase money security interest) PMSI when we buy an automobile on credit? Do ...
  A: PMSI requires several criteria to be met to be be enforced. For example, a simple one is that the ...
collection2/3/2010
  Q: . now the gentleman stated he collecting for HSBC now... i informed him to send me documentation ...
  A: You should send a formal letter asking for validation of the debt under the Fair Debt Collection ...
debt after divorce2/2/2010
  Q: We divorced in az a community property state. The mortgage is in both of our names but my wife is ...
  A: The decree says she is responsible for the mortgage, but the mortgage lender doesn't care what the ...
debt after divorce2/2/2010
  Q: We divorced in az a community property state. The mortgage is in both of our names but my wife is ...
  A: As you stated, you can be liable for anything contractually linked to the mortgage. This can be ...
Consent Judgement1/31/2010
  Q: I owed a dental bill for about 6 months and it went to collections. The attorney that contacted me, ...
  A: This is not an overly common practice but I would try and avoid it if possible. It is a filed ...
Fighting a hospital bill.1/28/2010
  Q: I went to the hospital over 3 years ago where I was over-treated and lied to by the hospital staff. ...
  A: The statute of limitations - SOL - generally starts from the date of medical service. In Texas, a ...
Fighting a hospital bill.1/26/2010
  Q: I went to the hospital over 3 years ago where I was over-treated and lied to by the hospital staff. ...
  A: My guess is that it is likely this will only be resolved with litigation, so you need to prepare ...
tax-refund collection?1/25/2010
  Q: I've had several civil judgements against me (and rightly so). MyI'm receiving a $2000.00 tax ...
  A: In general, they cannot. The government can if you have a lien or judgement from taxes or a ...
Pre Legal?1/21/2010
  Q: I was contacted by telephone from "pre-legal" for capital one. I have not rec'd any type of letter ...
  A: I guess they can call pre-legal anything, but is usually means their internal collection department. ...
Collector coming after me for Defunct Corporation Debt1/20/2010
  Q: I have begun receiving daily collection calls a collection company for a debt that they say my ...
  A: It's a complicated situation. There are two issues to discuss; liability and process. You seem to ...
medical bills1/19/2010
  Q: In 2005 I was involved in a slip and fall accident that went to court. My chiropractor at that time ...
  A: This will depend on your contracts. Did you have such an agreement with him - preferrably in ...
Financial Independent Services Judgement1/19/2010
  Q: I am in the process of trying to repair my credit to purchase a house. It was brought to my ...
  A: First of all, you should feel very blessed that Equifax deleted it. It's one of the more difficult ...
Can you recover money paid to CC1/18/2010
  Q: About two years ago Citibank stated that my wife had a CC card bill with a 7K balance. After ...
  A: Darrin: I am so sorry you are in this position. I would start with a few things: 1. Contact ...
credit - charge offs1/17/2010
  Q: I may have asked a question a few weeks ago to you but have one more question. I recently looked at ...
  A: I have a few very strong opinions on your situation. I would not pay ANYTHING and certainly would ...
recieved summons1/16/2010
  Q: I recieved a summons in a civil action from a cc company. I know that I owe that debt but I am ...
  A: I would not ask for a consent judgement. It's basically the same thing as if you went to court and ...
Is Agreed Judgment The Only Way?1/15/2010
  Q: I have a credit card debt for $15,300 which is a little under 4 yrs old, so the SOL has not been ...
  A: This is not an overly common practice but I would try and avoid it if possible. It is a filed ...
Collection Agencie's Withdrawal Fees1/14/2010
  Q: My account was with an original creditor that forwarded it to a collections agency. I never paid ...
  A: I don't live in NJ or really know all their laws. Based only on the collection agency's letter, it ...
Collection Agencie's Withdrawal Fees1/13/2010
  Q: My account was with an original creditor that forwarded it to a collections agency. I never paid ...
  A: I believe this likely could become a matter of interpretation for the court. I would dispute or ...
third party contact1/10/2010
  Q: Collector contacted by ex-husband and revealed that they were a collections agency trying to collect ...
  A: It depends on how the call went down. Section 804 of the Fair Debt Collection Practices Act (FDCPA) ...
pre-marital debt1/9/2010
  Q: over that time he had did some poor credit mistakes, now hes getting sued and wages garneshed. Now ...
  A: You should be fine. You do not live in a community property state. His debts are his as long as ...
debt collection1/8/2010
  Q: I was served a letter from a law firm about a debt that I owe. It was a credit cart debt I used for ...
  A: I'm sorry you are in this position. you options are basically as follows: 1.) Pay it. Get a ...
Bills being sent to collection despite cease and desist letter from insurance company1/7/2010
  Q: My boyfriend was treated in a hospital this past summer and his condition require minor surgery. ...
  A: A cease and desist is probably not applicable with the anesthesiologist. Cease and desists ...
credit lien1/5/2010
  Q: My problem started in 1998. I had a lien filed against me and my wife on some credit card debt. The ...
  A: In general - and there are state exception to this - a non-tax lien will stay on your reports for ...
I Owe You12/25/2009
  Q: Person A has signed a duly witnessed "I owe you" document, promising person B to pay a sum of money ...
  A: Not necessarily but that is a large sum of money to not have in a better "formal" document. It's ...
order to appear in court12/23/2009
  Q: I was delivered an "order to appear in court" today on a previous credit card judgement. It is an ...
  A: If the never existed then you cannot be found in contempt of court for failing to produce something ...
defaulted cognovit note12/22/2009
  Q: I signed a cognovit promissory note with my house and business assets as collateral. The monies owed ...
  A: This depends a lot on the terms of your loan and what you are able to do. If there is an escalator ...
do you know what HOB is?12/21/2009
  Q: What is H.O.B.? we make payments to them for our cellphone ok, we have t-mobile for cell phone. ...
  A: I personally have never heard of this company. I would work through this only with T-mobile. Call ...
order to appear in court12/20/2009
  Q: I was delivered an "order to appear in court" today on a previous credit card judgement. It is an ...
  A: It is possible. Getting old bank accounts is not difficult to do and most courts know this. If the ...
facing forecloser12/17/2009
  Q: I found myself jobless and get no benefits from the state of Idaho. I haven't made a payment on my ...
  A: I'm sorry to hear you are in this situation I don't live in Idaho and am not an expert on that ...
AMEX Business Capital Line12/15/2009
  Q: I am an independent contractor and was able to get a $30,000 credit line for my business through the ...
  A: The answer is "possibly." It sounds like you gave a personal guarantee for the credit since they ...
Lien on joint account HELP!12/15/2009
  Q: I recently went to use my debit card and it was denied, after checking and calling the bank they ...
  A: Sadly, I can give you information, but not really help fix this. You are in a bad situation. I ...
freeze bank account12/15/2009
  Q: I live in Fl. My father depends solely on his social security income and has moved to another ...
  A: First of all, I am not convinced your father's funds are fully protected in that account. In order ...
Will my personal unpaid credit card debt can affect my LLC?12/13/2009
  Q: I am the owner of a Delaware LLC (new business that will start earning income in few weeks). I am in ...
  A: It is possible. This is called piercing the corporate veil. The smaller the company the easier it ...
old school loan12/12/2009
  Q: i have a government school loan that i took out over 25 years ago ex-husbands would not pay though i ...
  A: There is very little you can do if it is a government backed loan. There is no statute of ...
GMAC charge-off12/1/2009
  Q: I recently found out that GMAC charged off my account. I owed over $6000 for over mileage. I also ...
  A: Most lenders are open to a settlement in this economy. Get it in writing BEFORE you send ANY money. ...
GMAC charge-off12/1/2009
  Q: I recently found out that GMAC charged off my account. I owed over $6000 for over mileage. I also ...
  A: I think it is likely you will have to address that to get a mortgage. Sometimes older and smaller ...
Personal loan12/1/2009
  Q: I loaned a friend roughly $10k last year based on a drafted contract she signed promising to pay the ...
  A: Well, I'm not sure if she moved to Texas for this reason, but Texas is one of the tougher states to ...
Summons regarding repo'ed car11/30/2009
  Q: I received a summons from civil court, The City Of New York saying the following. 'A SUMMONS AND ...
  A: It's virtually impossible for me to give you a defense without reviewing documents and knowing ...
AZ/NM statue of limitations11/28/2009
  Q: In 2003, I bought a car in AZ. A few months later, in Nov. 2003, my husband financed a Jeep through ...
  A: If they were sold at auction and it was not a private party sale, that is typically the case. Some ...
AZ/NM statue of limitations11/28/2009
  Q: In 2003, I bought a car in AZ. A few months later, in Nov. 2003, my husband financed a Jeep through ...
  A: I may not be able to specifically answer your questions because I don't have the contracts and full ...
credit app/length of time at residence11/27/2009
  Q: I recently moved, after living in the same apartment for 15 years and may need to get a car loan. ...
  A: Yes, they will look at the previous address. Where this may hurt you is if the new rent/mortgage ...
Summons to court for debt collection11/27/2009
  Q: I've been served a summons to appear in court for debt collection, however it says that this is a ...
  A: Nothing can force you to pay the debt. However, a court ordered judgement - after a trial - can ...
got first statement for new credit card11/25/2009
  Q: I told you not long ago that I got another credit card (Visa) to help 'fatten' up my file. I saved ...
  A: If you received a statement in the mail, it's already done :) They will likely report the $21 ...
written contract limitations11/25/2009
  Q: I live in Florida and I see that the limitations for written contracts is 5 years. I keep getting ...
  A: The date you are likely looking for is the first date the account became 31 days late and was never ...
lien11/24/2009
  Q: I filed bankruptcy on beneficial in oklahoma in 2001. I purchased some property in 2004 and love ...
  A: Bobby: In general, they are not able to. This is assuming the lien is for a qualified debt that ...
Inital Contact11/24/2009
  Q: I have a collection notice on my credit report dated back to 10/2008. I was never contacted/notified ...
  A: You are in a common but difficult position. Technically, through the Fair Debt Collections Practice ...
written contract limitations11/24/2009
  Q: I live in Florida and I see that the limitations for written contracts is 5 years. I keep getting ...
  A: First off, if these are third-party collection agencies, you can stop the calls with a simple cease ...
Repo11/21/2009
  Q: I got a car loan last year and i always made my payment ontime right now i'm 45 days late on my ...
  A: I'm sorry you are in a difficult situation. The best case scenario is to make the loan current, pay ...
being sued by LVNV11/20/2009
  Q: I have a credit card debt that has been sold to LVNV and I have received a summons to appear in ...
  A: Rich: You can't go to jail under ANY circumstance unless you committed a crime. The only possible ...
Transfer auto loan to a collector11/20/2009
  Q: I received a letter from ACC finance that my loan was given to a collection agency was not late on ...
  A: I'm not sure. It depends on exactly what happened. If the creditor is just using a third-party to ...
Repo11/19/2009
  Q: I purchased a car in Florida that I can no longer afford. I recently registered it in Texas (where ...
  A: I'm sorry you are in this situation and they won't negotiate further. You really don't have a lot ...
double "negative" reporting on credit report11/18/2009
  Q: I had a collection on my report from 2003 which was due to come off in February 2010. About 5 months ...
  A: If it is truly a debt with the date of first delinquency in 2003, it should fall off 7 - 7.5 years ...
garnishment11/17/2009
  Q: Two Questions: 1- I just recently won a case for a judgement. How do I place a judgement on a ...
  A: You, personally, cannot place the judgement on a consumer's credit report. However, it will likely ...
unsecured credit11/17/2009
  Q: The last question that I have is how can an unsecured line of credit such as a credit carding win a ...
  A: You are confusing secured credit with a court ordered judgement. Secured credit is for things like ...
Telephone harassment by creditor11/16/2009
  Q: I would like to know what to do about this: For more than 3 months (as long as I've had my new ...
  A: This kind of falls under the category "I know it's annoying but not big enough to do anything ...
Letter of Protection/Collections11/16/2009
  Q: My wife was involved in a car accident in which the other driver was cited. She had injuries and was ...
  A: This really depends on what you are calling a "Letter of Protection." This term has kind of grown ...
exemptions from garnishment11/14/2009
  Q: I live in Florida and am currently unemployed and collecting unemployment.I have approximately ...
  A: Certain things are at risk. You can claim up to $1,000 in personal property, primary place of ...
Loan Sent To Collections After Bike Was Reported Stolen11/13/2009
  Q: I had a 2007 Kawasaki ZX6R motorcycle. I had purchased it from a dealer "new" in California. I had ...
  A: For the record, they are under no legal obligation to delete accurate information - which it sounds ...
Judgment I won against a corporation11/13/2009
  Q: I have a judgment I won against a corporation located in FL. I'm in MD and this is where the ...
  A: I believe you have options to avoid re-trying the case, however they are not guaranteed to work. It ...
no notice11/13/2009
  Q: My wife and I left our apartment complex in July and moved. We gave a forwarding address to the ...
  A: If it is as you say, it appears your landlord is in error and you should be entitled to a complete ...
credit11/11/2009
  Q: I discovered my ex husband took out several credit cards in my name solely without my knowledge ...
  A: Again, this is one of the more complicated areas of divorce law and this is not the best forum to ...
credit11/11/2009
  Q: I discovered my ex husband took out several credit cards in my name solely without my knowledge ...
  A: Well, I do not see her question but we have a different menu to answer questions than you. ...
credit11/10/2009
  Q: I discovered my ex husband took out several credit cards in my name solely without my knowledge ...
  A: I don't live in Indiana but I am not aware of any law in the country where fraud and forgery are ...
motion to vacate11/10/2009
  Q: if one has no actual knowledge that a judgment was filed (in 2004) would that be sufficient to file ...
  A: That is a very common reason for trying to vacate the judgement. Your success depends on the court. ...
Judgement11/9/2009
  Q: I have been served a judgment order from a credit card company. I have been unemployed for 1 1/2 ...
  A: In theory, the creditor can petition the court to make a ruling on the account. In that case, you ...
seize land for credit card debt11/8/2009
  Q: We owe $115,000- in credit card debt. We used our cards for an addition to our home. we planned to ...
  A: This is a state law issue so I cannot say for certain. I am only aware of real estate being able to ...
Collections Law11/8/2009
  Q: I ignored a number of collection letters from an agency. They filed a lawsuit against me. The day ...
  A: Resetting the clock depends on the state you are in. In these states the statute of limitations ...
Doctors Bill Judgement11/7/2009
  Q: Back in September of 2008, my son had surgery for a staph infection that had gone really bad. Long ...
  A: You are not going to like my answers. Sorry :( I'll answer them one-by-one by copy and paste: ...
Judgement11/7/2009
  Q: I have been served a judgment order from a credit card company. I have been unemployed for 1 1/2 ...
  A: Yes they can if a judgement is formally in place. You can place it into a business name but if you ...
Answering a judgement11/6/2009
  Q: I was served a summons for an Amex debt that I have already reached a settlement on with the ...
  A: If you have a written and negotiated settlement that you are comfortable with, just answer it ...
Repo11/6/2009
  Q: I purchased a car in Florida that I can no longer afford. I recently registered it in Texas (where ...
  A: Any contract can be re-negotiated or changed if BOTH parties agree to it. It also has to be a ...
summons11/6/2009
  Q: I recieved a summons from a finacial comp that had bout a credit card debt i had when i was ...
  A: First, if you have not done so, you need to get your name off or close any account you do not have ...
Repo11/5/2009
  Q: I purchased a car in Florida that I can no longer afford. I recently registered it in Texas (where ...
  A: The advantage to "voluntarily" surrendering it is to keep the repossession costs down, therefore ...
Is there jail time in my future? :o(11/5/2009
  Q: :-) I really appreciate it. Please allow me to preface the following with a bit of necessary ...
  A: I am sorry for your situation. Bankruptcy would stop the collection of this debt including the ...
Response to a Motion for Dismissal Without Prejudice11/5/2009
  Q: Back in May of this year I was summoned to court by a company who was suing myself and grandmother ...
  A: I want to say up front that this specific issue of student loans and bankruptcy is not my primary ...
Pa. joint home ownership question11/5/2009
  Q: My wife and I live in Pa. and fell behind on 2 credit card accounts. Her card is in her name only, ...
  A: Yes. This is a formal procedure where they are asking you for information. Similar, but not ...
Help! I've been served...11/5/2009
  Q: In 2006 I had a small business (an LLC) in Colorado with a business credit card. I was out of ...
  A: OK, so I don't quite get this. Did you sign as a personal guarantor on the credit card or was it ...
Pa. joint home ownership question11/5/2009
  Q: My wife and I live in Pa. and fell behind on 2 credit card accounts. Her card is in her name only, ...
  A: The actual process varies by state. Usually they either get a court to issue the order to the bank ...
Pa. joint home ownership question11/5/2009
  Q: My wife and I live in Pa. and fell behind on 2 credit card accounts. Her card is in her name only, ...
  A: In general, what you are saying about the personal property is correct in your state. However, ...
Paying off- Charged off Credit Card Debt without being contacted first11/4/2009
  Q: I went through a divorce back in 2005. I had a car loan, and Credit cards that have all gone in to ...
  A: There are several issues at play in your case. First, proper credit repair takes a minimum of 6 ...
old medical debts11/4/2009
  Q: My new wife and I just discovered some old medical debts from 2002 on her credit report. After all ...
  A: You are likely not responsible for these because they are likely beyond Idaho's statute of ...
collection against Estate11/3/2009
  Q: A credit collector filed claim against my mother-in-laws estate in Ga.. We sent a Cert. letter ...
  A: You can. Is it a legitimate claim? I mean do you think it is actually owed? If it is, you run the ...
credit application with my bank for visa11/3/2009
  Q: I received in the mail an offer to apply for a credit card from my bank. It says "You have been ...
  A: It is the case whether or not you are approved. The action of the hard inquiry is the process that ...
Garnishment in State of Iowa11/2/2009
  Q: I have a creditor that has already garnished and collected over $2000.00 from my wages in this ...
  A: No, although your amounts appear to be slightly off. From what I see in your range, it's $1,500 for ...
Billing Collections11/2/2009
  Q: I live in Florida and had several hospital bills all at one time. These bills all added up to ...
  A: It is legal for them to go to a collection agency if you have not met their payment terms or ...
credit application with my bank for visa10/31/2009
  Q: I received in the mail an offer to apply for a credit card from my bank. It says "You have been ...
  A: There are two types of credit inquiries: a hard inquiry and soft inquiry. A hard inquiry is the ...
Medical Debt Collections10/31/2009
  Q: My wife and I live in West Virginia she has several medical bills that are adding up but the main ...
  A: She cannot be arrested for not paying debts unless the debts are related to fraud, which is really ...
Charge off now sueing10/30/2009
  Q: In 1995 I had a automobile loan through Wells Fargo. My girlfriend was the primary borrower and I ...
  A: It's obviously a HUGE difference! They can now still sue you legally and get a judgement. Your ...
Repo question10/30/2009
  Q: My Fiance was buying a car through Mc Curdy Motor Co Inc, in Hutchinson, KS. She couldn't make her ...
  A: Jeez, that's awful. There are several factors at play. In general, it's not illegal for them to ...
Charge off now sueing10/29/2009
  Q: In 1995 I had a automobile loan through Wells Fargo. My girlfriend was the primary borrower and I ...
  A: I don't understand why you are dealing with this at all. 1995? And why would this is still within ...
loan payment10/29/2009
  Q: i owe over $6000 with a creditor. My questions is what is the least amount you can advise I can ...
  A: VERY difficult to answer because it depends on so many variables. So I can only answer in general ...
my nephew the soldier who will not pay his debts10/29/2009
  Q: "my nephew came to live at my home in 2006 and did not even have a drivers license then. my common ...
  A: I am not aware of any of the three major credit bureaus accepting private accounts from consumers ...
credit10/29/2009
  Q: i have been in a debt settlement program for a year now, and have settled my largest and smallest ...
  A: Let me start by saying congratulations on the attitude and determination to get this fixed and your ...
Debt Collection Lawsuit10/28/2009
  Q: I was sued by my Medical Center for 4 unpaid bills. I have proof of payment of all, filed an answer ...
  A: Often doesn't seem fair, does it? You main rights are when they are in violation of the Fair Credit ...
my nephew the soldier who will not pay his debts10/28/2009
  Q: "my nephew came to live at my home in 2006 and did not even have a drivers license then. my common ...
  A: You are not going to like my answers. This goes under the case of "no good deed goes unpunished." ...
federal ID #10/28/2009
  Q: I need to obtain the federal ID # and the state business ID # on a corporation in my state in a ...
  A: Richard: Most of this is public record but I guess it depends on the state. In Florida for ...
credit card debt10/28/2009
  Q: I have an old credit card debt from around 1998-1999 of $8,000. Didn't hear much of anything until a ...
  A: I'm sorry that you made the mistakes you did. If it means anything, you are not alone in not ...
verizon account collections10/27/2009
  Q: Ok so let me start with I made the mistake of letting my mother use my name for her Verizon account. ...
  A: There are different thoughts on this. OPTION 2: You can try to negotiate a better deal. Send a ...
i owe to ssi & are buying land10/27/2009
  Q: a few months later they sent me something saying they over paid me and i need to pay them back. i ...
  A: I'm a little confused about the status of your situation - judgement/liens already in place? - so ...
Collecting lawsuit money from SSI recipient10/26/2009
  Q: State of Ohio: I've recently won my civil lawsuit for $1,500 against my nephew, who is on SSI. He ...
  A: If there is no real estate, bank accounts, or income other than SSI your only possible route is ...
default on payday loan10/26/2009
  Q: I owe an old payday loan from 2005 I am unable to pay it at this time a person called Identifying ...
  A: There are many things that could be considered fraud or false pretenses. Examples would be lying on ...
Subpoena Duces Tecum for Deposition in aid of Execution10/25/2009
  Q: Greetings, in 2004 I lost my job and subsequently had my car repossessed and I was of course left ...
  A: Renee: I am guessing you received a judgement debtor's examination. This is a very serious issue. ...
Life after Judgement10/25/2009
  Q: a few years ago, my wife had a Banks of America credit card of which I was an authorize user of, ...
  A: Daniel: I am not dead set against bankruptcy but it has to be in the right situations. Too often ...
medical bills minimum payment10/24/2009
  Q: I was told you can make a minimum payment on ANY medical bill of $5.00 per month and make the ...
  A: No. I don't live in California but have a decent amount of clients over there. Never heard of it ...
Collections10/24/2009
  Q: If you pay off the money you owe a collection agency will they remove it from your credit report or ...
  A: Russell: I'm not trying to avoid or overly complicate your question but that's kind of like asking ...
Collections10/24/2009
  Q: If you pay off the money you owe a collection agency will they remove it from your credit report or ...
  A: Russell: They are NOT obligated to remove it and it can stay on for the seven - actually 7.5 - ...
credit app10/24/2009
  Q: I semi-retired and have a very small part-time job, so in applying for a credit card, my annual ...
  A: It can help a little. Especially with smaller banks or credit unions. However, the days of the ...
sick & tired of being tired!!!10/23/2009
  Q: My husband has a judgement against him for a (18,000.00 but was originally a $15,000 Personal loan), ...
  A: You are correct. It benefits you that you are in South Carolina, one of the more difficult states ...
Disclosure Hearing question10/23/2009
  Q: I was scheduled for a disclosure hearing and called the attorney for the creditor. I asked to see ...
  A: This is actually a very complicated question with lots of issues that can complicate it, so I want ...
sick & tired of being tired!!!10/23/2009
  Q: My husband has a judgement against him for a (18,000.00 but was originally a $15,000 Personal loan), ...
  A: I'm sorry you are in this position. You are not alone. The issue of collecting on a judgement ...
default on payday loan10/23/2009
  Q: I owe an old payday loan from 2005 I am unable to pay it at this time a person called Identifying ...
  A: The company or collection agency cannot. If you violated a law, they could REFER you to the ...
help10/22/2009
  Q: My biological mother took out a chase mastercard out and put me down as an authorized user..or so I ...
  A: You can start by sending it to the applicable address on the statement. If not, call the number you ...
help10/22/2009
  Q: My biological mother took out a chase mastercard out and put me down as an authorized user..or so I ...
  A: Is it reporting on your credit reports? You can get a free copy once a year at ...
medical bill collection10/21/2009
  Q: I had to have an emergency surgery and I have a very high deductible. I now have a few thousand ...
  A: It is unlikely the hospital reports to the credit bureau directly. What they do is collect what ...
Repossession10/21/2009
  Q: I was late on my car payment and my car was repossessed. I have never been late before. The company ...
  A: I'm sorry you are in this position. I want to say up front that I do not live in Ohio, so this ...
Dad's credit card10/18/2009
  Q: Last week I told the actually very nice lady in collections whose own father is currently living ...
  A: I don't think you are obligated to give them the attorney's name. You are the executor, you should ...
Credit Card collection on estate time period10/17/2009
  Q: Deceased Dad's credit card used by my brothers to charge their airfare to funeral prior to death. ...
  A: Betty: Thank you for the kind words. Technically, yes on that life insurance thing. I think it ...
Credit Card collection on estate time period10/17/2009
  Q: Deceased Dad's credit card used by my brothers to charge their airfare to funeral prior to death. ...
  A: Technically, they could collect from the sale of the house. I think it is unlikely. They would ...
Can I sue a agency for garnishing my money?10/17/2009
  Q: I recently wrote to the credit reporting agencies about judgments that dated back to 1996. I asked ...
  A: I'm a little confused about exactly what you are saying the problem is, so I hope I answer it ...
Cambece Law10/16/2009
  Q: In May of 2009 I made my last payment to Cambece Law after years of harrassment. Two days ago I ...
  A: The short answer is if you have paperwork showing an agreement to basically settle the account for ...
collection of a debt10/16/2009
  Q: I have had a lot of trouble lately with paying my bills as my husband is out of work on disability ...
  A: Rebecca: You need to send a letter to the collection agency asking for validation under the Fair ...
Credit Card collection on estate time period10/16/2009
  Q: Deceased Dad's credit card used by my brothers to charge their airfare to funeral prior to death. ...
  A: ) Unfortunately, I can't give you a definitive answer to your question. It really comes down to a ...
credit card debt and collections10/15/2009
  Q: I have been laid off from my previous job now for several months when the recession got really bad. ...
  A: Sam: I'm sorry for your situation. You are not alone. You have a few options. What you were ...
Owed 1/2 of consolidation loan from ex10/15/2009
  Q: The loan company will not split the bill in half but my ex is not paying his half per the divorce ...
  A: You are in a tough situation. The loan company has no obligation to honor your divorce decree. ...
Summons to Appear With Wrong First Names10/15/2009
  Q: I am preparing to file bankruptcy in Illinois, but a lawyers firm has prepared and served a summons ...
  A: Russell: It is possible, but I ask to what end? They will just amend or re-file the case. The ...
Civil Summons10/14/2009
  Q: Had above served from an attorney representing Unifund CCR Partners. We are residents in NC. Only ...
  A: There are a lot of factors here and you probably need more information or need to confirm a few ...
been served10/14/2009
  Q: like many people these days I ran into hard times and stopped paying some credit cards.Now sears and ...
  A: Ken: I would not ignore it. If you ignore it, you will get a judgement against you. Once a ...
judgement10/13/2009
  Q: I recently received a letter from my local sheriff dept. stating a judgement has been filed and an ...
  A: It can. Like all states you have to qualify for the bankruptcy. If the underlying debt qualifies ...
Expired Sister's Debts10/13/2009
  Q: I hired an attorney to deal with my expired sister's debts in October of 2007. There were 5 ...
  A: Up front, you are talking about you sister's ESTATE, correct? I hope you are not paying these ...
Title Loan10/13/2009
  Q: I have been getting title loans from specific title loan company for over two years now. I have ...
  A: Racheal: The answer is absolutely "yes" they can sue you. However, the method of what happens ...
judgments10/12/2009
  Q: what is the statute of limitations in Ohio for judgments. The case was filed on 7/23/03 and one of ...
  A: Upfront: I am NOT an Ohio attorney or resident. Although I think my information below is sound, I ...
judgement10/11/2009
  Q: I recently received a letter from my local sheriff dept. stating a judgement has been filed and an ...
  A: The simple answer is "likely yes" they can show up to take personal property. Your recourse depends ...
debt collector home transfer10/9/2009
  Q: transferred my home to my sister. Week later I receive a credit card summons, abritatratiion no ...
  A: Ken: Which came first; the transfer or the court/judgement date? Obviously better if the transfer ...
Civil suit by creditor10/8/2009
  Q: I a, being sued for past credit card debt (sold to collection agent) for an account that I have had ...
  A: I assumed the credit card was closed, thereby enforcing it as a written contract. I think it's a ...
Doctor bill10/8/2009
  Q: My daughter went to the doctor back in May. She was almost 20 at the time and lived on her own. She ...
  A: Well, I would seek additional opinions. Also, much of this will vary by state laws, so it's always ...
Civil suit by creditor10/7/2009
  Q: I a, being sued for past credit card debt (sold to collection agent) for an account that I have had ...
  A: Ken: First of all, I think the statute of limitations in both those states is SIX years but I would ...
Debt Negotiators10/7/2009
  Q: We hired this firm in our state, Florida to negotiate our credit card debt. The owner of this firm ...
  A: I'm sorry to tell you that I belive you are the victim of a scam. This will not work, unless your ...
Collection Question10/7/2009
  Q: I live in OH, I filed a Chapter 13 plan in 2004, and am now out of the plan. My question is as ...
  A: If they were notified and included in the plan, it is not only unethical, but illegal. ...
Doctor bill10/6/2009
  Q: My daughter went to the doctor back in May. She was almost 20 at the time and lived on her own. She ...
  A: This comes down to an issue of if you signed, authorized, or otherwise gave legal indication that ...
Debt Collection10/6/2009
  Q: I have 2 past due credit card accounts with Chase and MBNA. I have been unable to keep up with my ...
  A: Whether or not they choose to sue is not likely going to be based on if you asked for validation or ...
sued by collection agency10/6/2009
  Q: A collection agency is trying to sue me for a old credit card debt from 2003. They have tried to ...
  A: : I just copied and pasted your questions and wrote my answers beneath them for simplicity. * ...
Wrongful Judgement10/5/2009
  Q: My ex-husband defaulted on a lease, which I never signed and never lived in the house.I knew nothing ...
  A: If it is as you stated, yes you can and should sue them for the money and removal of the judgement. ...
sued by collection agency10/5/2009
  Q: A collection agency is trying to sue me for a old credit card debt from 2003. They have tried to ...
  A: Yes, they can still sue you. Providian was a creditor that issued a LOT of credit cards. They were ...
spousal credit card debit10/5/2009
  Q: I recently found out that my husband has opened a credit card account(not a joint account)without my ...
  A: I'm sorry, I don't quite understand. Are you wanting to buy a house together or alone (marital ...
sued by collection agency10/3/2009
  Q: A collection agency is trying to sue me for a old credit card debt from 2003. They have tried to ...
  A: Whether or not you need to be formally served or not varies by state. Some states, such as ...
Judgement Collection10/3/2009
  Q: IN SC in I am sued in civil court and they say the money I obtained was done fraudulently, what can ...
  A: South Carolina is one of the states that has a lot of exemption and restrictions on what can be ...
Debt Collection10/3/2009
  Q: I have 2 past due credit card accounts with Chase and MBNA. I have been unable to keep up with my ...
  A: First of all it is critical that the letter your received from the collector with the 30 day ...
Re: Creditors freezing bank accounts10/2/2009
  Q: I live in Virginia and I am currently unemployed and have been for about a month. A couple of days ...
  A: No, but this is a difficult area. Typically, you have the burden of proof to show the bank, ...
5 year old medical bill10/2/2009
  Q: I went to the hospital in May 2004 for a check-up with my new doctor for my first pregnancy. I had ...
  A: They will go after your mother. They cannot enter into an agreement with a minor. The legal ...
Credit Card Debt Delima10/2/2009
  Q: Due to a back injury, followed by multiple medical conditions I have been disabled and unable to ...
  A: I am very sorry you are in this situation! I honestly know it must be difficult. You have options ...
awarded judgement, debtor not paying10/2/2009
  Q: I have an ongoing situation with regard to a motorcycle titled in both my ex-boyfriend and my name. ...
  A: It's a tough situation you are in. I will try and answer your questions specifically. * My first ...
8 YO dental debt10/1/2009
  Q: as an 18 year old in 2001 i received dental services and was covered under my father's dental plan. ...
  A: I would NOT pay a penny on this debt! In fact, I would threaten to sue the collection agencies ...
5 year old medical bill10/1/2009
  Q: I went to the hospital in May 2004 for a check-up with my new doctor for my first pregnancy. I had ...
  A: If you received a letter from the collection agency with a statement such as "if you do not notify ...
credit report10/1/2009
  Q: I see when I request my credit report from annualcreditreport.com they say they may share my ...
  A: Jesse: It has been a while since I pulled my own credit through that site, so like you have done, ...
Charged off auto loan9/30/2009
  Q: I started a chapter 13 bk to try and save my home. I never completed the process and the case was ...
  A: I don't understand. Do you still have the car? I guessing you still have the car, want the car, ...
Reaging debt9/29/2009
  Q: My question is this. Can a company sell my debt to a collection agency right before my 7 years is ...
  A: First of all, don't talk to them on the phone unless it is LEGALLY advantageous to you :) To answer ...
judgment9/28/2009
  Q: In 2000, a company I owned and still own entered into a contract for demolition and trash hauling. ...
  A: Richard: Thank you for the kind words in feedback. You are exactly right and on top of this. ...
judgment9/26/2009
  Q: In 2000, a company I owned and still own entered into a contract for demolition and trash hauling. ...
  A: Short of trying to re-open it and fight it again - sounds like that is not what you want to do - you ...
Credit Question9/26/2009
  Q: Unfortunately, I am having a judgement put on me my for an old "credit card". I do owe the money and ...
  A: I'm so sorry you are in this position. I want to say up front that I think you should also contact ...
third party disclosure9/25/2009
  Q: I had called my finance company requesting a deferral/extension on a payment. The rep said she ...
  A: I don't think you have much of a case. Since you work in collections, the reason you cannot leave ...
BANKRUPCTY AND DEBT COLLECTION9/24/2009
  Q: I am in the middle of a "pro se" bankruptcy action. I just couldn't afford an attorney. I have ...
  A: No, they are not allowed to treat you that way. The Fair Debt Collection Practices Act (FDCPA) ...
collecting on debt9/23/2009
  Q: A friend of mine has been over and over about collecting a debt that was part of a divorce decree. ...
  A: Creditors are not obligated to abide by a divorce decree. If there is a joint account that she put ...
Charges for reading a CT Scan from an unknown party9/23/2009
  Q: I've been going rounds with various medical entities about some charges appearing on my credit ...
  A: Sounds like you have the right idea. If the complaints don't work, file them again or file them ...
Civil Summons in District Court with Midland Funding LLC9/22/2009
  Q: Can I represent my mom who is 88 yrs old in court, she is in poor health and I have power of ...
  A: I'm sorry you are in this position. If you have power of attorney, you can represent her. You will ...
Charges for reading a CT Scan from an unknown party9/22/2009
  Q: I've been going rounds with various medical entities about some charges appearing on my credit ...
  A: This is a complex issue. Playing devil's advocate, it is possible (likely?) that you gave ...
medical bills collections9/22/2009
  Q: My question is I know in Utah the providers have 1 year in which to bill the Insurance. How long ...
  A: It's a complex issue with medical collections. Per your request, feel free to call me or send your ...
Collections on a Corporation9/22/2009
  Q: I got a call today from a collection agency about an old bill(2006) incurred by my company. We are ...
  A: This is a VERY complicated question FULL of variables. Please be sure to get additional opinions ...
medical bills collections9/22/2009
  Q: My question is I know in Utah the providers have 1 year in which to bill the Insurance. How long ...
  A: Technically, I am not aware of anything that keeps the original creditor from billing you for ...
wachovia9/21/2009
  Q: hey Regan!!just wanted to follow up on the question i ask you about wachovia.you were right,they ...
  A: Social security income is exempt from being garnished or collected, even if there is a judgement in ...
wachovia9/21/2009
  Q: hey Regan!!just wanted to follow up on the question i ask you about wachovia.you were right,they ...
  A: Yes, I hope others with any type of social security, SSI, disability or similar income read your ...
social security disability and collections9/19/2009
  Q: i have a bank account with wachovia.i also have a equity line with wachovia.they know that my social ...
  A: I feel so sorry for you to be in this position! I must say, I have read mixed opinions on if they ...
erroneous info from medical provider9/18/2009
  Q: As I have an HSA, I was "shopping" for a colonoscopy. I had previously called my insurance company ...
  A: You are on track with your thinking on this. The key is the verbal conversation. The simple answer ...
Collection over 7 years old9/18/2009
  Q: I have a debt from 2000 that I recently got a letter from Calvary Portfolio and the Court. I now ...
  A: When you say it is "from" 2000, do you mean the date of last activity on the account was in 2000? ...
Debit Consolidation Firm9/18/2009
  Q: In 2004 I contracted with EDR for debit consolidation. Since that time, 1/2 of all funds paid to EDR ...
  A: I'm not sure I fully understand your case. Are you saying EDR has disappeared on you or gone out of ...
car repo9/18/2009
  Q: I just had a car repossessed. I am buying a car from a buy here pay here lot. Have been a little ...
  A: I have spent the past hour trying to get a definitive answer for you. I don't live in Kentucky so I ...
Collection Law9/18/2009
  Q: My husbands ex took their daughter to a psychotherapists for the past 4 months without any payment. ...
  A: You're welcome. At the very least, if the medical office was sending statements to her mother's ...
Collection Law9/17/2009
  Q: My husbands ex took their daughter to a psychotherapists for the past 4 months without any payment. ...
  A: Is there any court order of custody outlining medical care? Child support documents? If so, those ...
Collection Law9/17/2009
  Q: My husbands ex took their daughter to a psychotherapists for the past 4 months without any payment. ...
  A: There are a couple factors at play here. The first is to confirm what is in the divorce decree. ...
collecting a judgement9/16/2009
  Q: I have a judgement from Small claims court against my landlord. Their property in the county where ...
  A: In general, yes you can get a lien on that property. Basically you need to get a Transcript of ...
judgement lien9/16/2009
  Q: We have a judgement in the amount 30,000 on a rental we own but have sold on lease option. We ...
  A: First all, anything SPECIFICALLY written in the contract and that is otherwise legal, will take ...
colleciton...can I say9/15/2009
  Q: I am a collector. I want to know if I can legally use this phrase: Scenario: Collecting from a Dr., ...
  A: I am not aware of any specific instance where this has been adjudicated on this issue alone. ...
sued over old credit card9/11/2009
  Q: i am being sued over an old credit card the account has been closed for about 3 or 4 years I am ...
  A: Stacy: You did not send this question to me, but I see that no one has answered it. It was sent to ...
Collections8/29/2009
  Q: I hired a lawyer 3 years ago to help me with a case. I gave them $2000 up front but since my DA had ...
  A: You did not send this question to me, but I see that no one has answered it. (It was sent to the ...

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Regan Shinski

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Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

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