| Subject | Date Asked |
|
| 10099 C | 4/17/2009 |
Q: A collection agency has threatened to issue a 1099 c for the credit card debt they purchased. The ...
A: Your defense of the insolvency would be based on your current situation when you file your returns. ...
|
| CREDIT CARD PURCHASE | 4/10/2009 |
Q: My spouse used my credit card to charge flooring without my permission. My thought was that I would ...
A: The answer is dependent on several factors. 1. Are you willing to file an affidavit of fraud or ...
|
| default judgement | 4/8/2009 |
Q: I live in NY. My daughter got braces in May 2004 and they were not covered by our insurance. I made ...
A: I'm afraid that once they get their judgment there isn't much you can do unless you can find legal ...
|
| Assett acceptance llc | 4/7/2009 |
Q: I had a rnb target crdit card back in approx 2000. The account defaulted and was assigned to assett ...
A: If it is a valid debt they may report it to the bureaus legitimately. For whatever reason they ...
|
| default judgement | 3/21/2009 |
Q: I live in AZ and a default judgement was entered in our favor on a small claims case. What happens ...
A: I'm afraid your work has just began. A judgment is just a confirmation that the defendant owes the ...
|
| Foriegn Judgment | 3/16/2009 |
Q: How are you? My question is I received a judgement in July of 2008 in NJ. I am not filing a foreign ...
A: According to Federal law you must obtain a judgment in the county where the debtor lives and must ...
|
| debt collection | 3/4/2009 |
Q: I live in Ohio, and my credit report that I just received states that an account to a creditor was ...
A: They may only collect what is contractually owed which includes the principle debt plus stated ...
|
| dispute about a bill charge | 3/3/2009 |
Q: I just received a large bill for emergency furnace service. (Fire department was called) The cause ...
A: You may file a small claims suit and let the judge sort it out. It appears they have a liability ...
|
| judgement changed | 3/1/2009 |
Q: I went to court last year for credit card debt and agreed to pay judgement. I defaulted and the ...
A: When the court granted the judgment they also had to approve the rate of interest allowed. if it ...
|
| Withdraw from Loan Contract? | 2/28/2009 |
Q: I live in NC. I just signed a loan contract on 2-27-09. I am feeling really iffy about the car and ...
A: I am afraid there are no rescission periods on a car loan. Once you sign the papers and drive the ...
|
| Bounced check from soon to be ex husband | 2/27/2009 |
Q: My husband wrote me a check for half of the house payment, cell phone bill and life insurance ...
A: A bad check is a bad check and is prosecutable. You may contact the local DA or prosecutors office ...
|
| debt collection | 2/26/2009 |
Q: have a debt with a lender i agreed to a settlement which i can no longer afford to come up with all ...
A: I thought I answered this but... The collector is just trying to tweak you and is actually breaking ...
|
| Bankruptcy & Small Claims Judgement | 2/18/2009 |
Q: In 2003 I was awarded a judgement in my favor (plaintiff) in small claims court ($3,600). The ...
A: This is touchy. If you are not listed on the schedule of debts but were listed on other paperwork ...
|
| 30 days late on a payment | 2/17/2009 |
Q: How many times can a creditor report the SAME late payment or can the creditor report that you were ...
A: Its not likely unless the account is listed twice and is duplicated which can be removed. Most ...
|
| auto repo | 2/16/2009 |
Q: I am in bankruptcy and tried to negotiate a buyout price and they would not move so after a couple ...
A: I thought I answered this but in a nutshell the answer is maybe. If the vehicle is in storage and ...
|
| charge off | 2/15/2009 |
Q: on my credit report is states Payment after charge off/collections. does that mean the account is ...
A: A charge off is a collection account that has gone for a period of time without payments, usually ...
|
| needing financial help now | 2/14/2009 |
Q: Is there hope out there for people in backruptcy, who now have only one income and can not pay the ...
A: Quite possibly. It may be possible to modify your mortgage and get your payments lowered. Some of ...
|
| Collection Agency - payment for deletion | 2/13/2009 |
Q: I have a valid collection debt with a collection agency that is several months old that is a result ...
A: I am not aware of any regulation requiring a creditor to report information on any debt. They may ...
|
| Credit Card old debt | 2/12/2009 |
Q: I live in Ohio & an attorney has issued a summons & complaint for a Providian credit card issued in ...
A: First, never give out employment and financial information without a court order or they agree in ...
|
| Car Loan | 2/11/2009 |
Q: My Husband and I lease cars 6 months apart the leased cars we turned in where in my name so when we ...
A: First, try not to be overwhelmed with this. You have far greater things to worry about than GMAC. ...
|
| ex ran up credit card bill in my name | 2/10/2009 |
Q: As of May of 2009 I will have been divorced for 12 yrs....prior to my divorce we were separated for ...
A: For credit casrd debt the SOL is 4 years in FL and GA. This is from the date of last payment or ...
|
| wage garishments | 2/9/2009 |
Q: I live in NY. I had a wage garishment. and I finished paying it off. It started in 2007 and I finish ...
A: If you believe the debt is paid and they have re-filed the garnishment you may request a hearing ...
|
| debt after death | 2/6/2009 |
Q: My friends husband of almost 7 years just passed away, his former relationship ran up thousands in ...
A: This is kind of tricky, however if the debt was incurred while (and if) he was married to the other ...
|
| collection scam | 2/5/2009 |
Q: I keep getting constant calls from a "collection agency" but I think it's a scam. Is it safe to give ...
A: Give them nothing unless and until they provide you with proof you owe the debt in wiriting. When ...
|
| Bad credit/housing | 2/4/2009 |
Q: I have a disabled daughter, age 49 ,on Soc.Sec. disability with bad credit from the past & therefore ...
A: This is a particularly serious issue since most low income housing programs are government regulated ...
|
| Collection Law Suit | 2/3/2009 |
Q: I live in Michigan, and I was served a summon June 20, 2008, for a debt that I owe. There has been ...
A: Although the statute of limitations on debt collection in Michigan is 6 years the lender filed the ...
|
| foreclosure for heloc | 2/2/2009 |
Q: What about in California, is law different for the foreclosure of home equity line of credit ,or ...
A: Collection and foreclosure laws vary from state to state. California does no allow for collection of ...
|
| CHASE EXTORTION | 2/1/2009 |
Q: I have A-1 credit and took Chase Card lifetime fixed transfer balances at 2.99 - 3.99 - 4.99% for ...
A: First, did you get anything in writing concerning the lifetime rate of interest. Do you still have ...
|
| Redemption | 1/31/2009 |
Q: I wonder if there is any easy way stop a possible Repossession on the vehicle before the redemption ...
A: Wild Card Exemptions - The law protects some of your income and property from collection by ...
|
| Medical bill dispute in CA | 1/30/2009 |
Q: Part 1: I had emergency hospital care and was not diagnosed with the correct diagnosis till my third ...
A: I would write the hospital administrator and voice your complaint, however I can tell you first that ...
|
| law suit | 1/16/2009 |
Q: I have been sued by Citibank for an unpaid credit card. Can I call them and try and make payments?
A: If you have been sued by a creditor it is advisable to contact them to work out an agreement but in ...
|
| credit card debt | 1/15/2009 |
Q: I have a loan and can not pay on it right now. There is no co-signer and it is unsecured, I plan on ...
A: You can expect a lot of phone calls and collection letters but it really depends on several factors. ...
|
| defaulted car loan/not repossed/charged off | 1/14/2009 |
Q: I need help. I have my vehicle that I originally purchased in 2000. It was a 5 year loan. I paid all ...
A: My suggestion would be to offer the finance company a settlement and see if they would release the ...
|
| credit card default | 1/13/2009 |
Q: i am currently in the end days of my divorce procedure. as a gesture of good will, i toke on the ...
A: Your suspicions are correct. The collector lied. Besides this affecting your credit and your ability ...
|
| Broke apartment lease | 1/12/2009 |
Q: I broke an apartment lease in May of 2007 while living in Georgia, I moved to Texas, but I work from ...
A: First, the collection laws in texas are consumer friendly. They cannot garnishee your wages and ...
|
| Wife's prior credit issues, judgement protection | 1/10/2009 |
Q: Prior to getting married this year my wife had some credit card issues, we are working with some of ...
A: it appears you are safe. Unless she is on record of owing property or other assets of value they ...
|
| seizing my income tax refund | 1/8/2009 |
Q: I live in the U.S. territory of Guam. Can a creditor or attorney acting on his behalf as a ...
A: There is a procedure they can follow to seize your tax refund however, it is rare they would go that ...
|
| defaulting on auto loan | 1/7/2009 |
Q: I am 65, #5 on the wait list to get into senior housing. I live on my social security of $792/month ...
A: It sounds like you have thought this through pretty thoroughly. I see no other issues other than the ...
|
| attaching bank accounts | 1/6/2009 |
Q: I live on ssi. Can a third part debt collector,attach a disable checking account, a second time when ...
A: By law a creditor may not attach a disability or retirement check or an account containing those ...
|
| credit card collection agency | 1/5/2009 |
Q: A friends daughter completely cleaned him out fiancially and was authorized to use his credit card ...
A: It could but there may be an easier way. Have him file an affidavit of fraud with the bank. If he ...
|
| Settlement Negotiation | 1/4/2009 |
Q: I had a card that went into collection due to financial circumstances and the amount is about 700.00 ...
A: Most creditors will only consider a settlement if they get it in a lump sum. If you can make ...
|
| Lien Judgement | 12/22/2008 |
Q: My car was repossessed in the year 2000. I went to court and lost my case, and a lien was placed ...
A: In most states there is a statute of limitations on debt and on judgments. A judgment lien my last ...
|
| medical bill | 12/20/2008 |
Q: I had a CT scan done about 6 months ago and the bill was about 900 dollars and I paid it. Then I ...
A: I doubt they will pursue judgment right away but it would be difficult to fight if the doctor did in ...
|
| fdcpa | 12/18/2008 |
Q: can a debt collector call a relative and stae to them I know the debtee works at such and such and ...
A: You may file a complaint with the Federal Trade COmmission for violation of FDCPA. Your account and ...
|
| credit debt | 12/17/2008 |
Q: I haven't worked in the past 6 years .I had to go to court in 7/2008.My last payment on this credit ...
A: You do not have to disclose any more information concerning the estate. You are the administrator ...
|
| I COSIGNED AND NOW IM GETTING SUED | 12/16/2008 |
Q: i consigned for my son, when i was working but i was hurt and became totally disabled also my son ...
A: Although they can file suit it is unlikely they can get anything from you. Even if they get a ...
|
| Ex-wife reactivated credit account, now in collections... | 12/15/2008 |
Q: My fiancee's ex-wife has had serious issues with credit in the past. During the marriage, they had ...
A: He may file an affidavit of fraud with the bank and deny all claims against him. He may then send a ...
|
| NOM for Dismissal Spec Civ Part NJ | 12/14/2008 |
Q: I recently filed a notice of motion to dismiss a complaint against me in special civil part, New ...
A: The procedure is pretty cut and dry in most cases and things don't always go as expected. The ...
|
| NOM for Dismissal Spec Civ Part NJ | 12/13/2008 |
Q: I recently filed a notice of motion to dismiss a complaint against me in special civil part, New ...
A: You must be specific regarding your demands for documentation. You must specifically ask for ...
|
| credit debt | 12/12/2008 |
Q: I haven't worked in the past 6 years .I had to go to court in 7/2008.My last payment on this credit ...
A: You are correct. The statute of limitations is six years for credit card collection in MA. Also, ...
|
| Collecting a judgement | 12/11/2008 |
Q: I've learned that you can legally transfer real estate into revocable trust without violating the ...
A: No, they may not place a judgment lien (against you) on the title if the property is in a trust. ...
|
| Payday Loan + Investigator in New York | 12/9/2008 |
Q: I had applied for a loan back in May of this year with CashNetUSA. I am not disputing the loan. In ...
A: First and foremost, relax, this is a civil matter, not a criminal case. This "investigator" is just ...
|
| Co-signing for son | 12/7/2008 |
Q: We live in Michigan. My husband is 65,on SSD and has a pension from one of the auto companies. I am ...
A: I understand your concern. I do not like co-signer loans. They never work out and the co-signer ends ...
|
| attorney fees owed | 12/6/2008 |
Q: We have been using this lawyer for 6 years for our custody case. The last time that we hired him was ...
A: First, "turn you over to collections" is a broad statement. It usually means to turn you over to a ...
|
| Unable to get GCS to give me anything in writing | 12/4/2008 |
Q: A ticket issued by Los Angeles Superior Court was issued to me and I was unable to pay $1100.00 so ...
A: Contact the courts and ask them for something in writing. They are obliged to provide that ...
|
| Getting Satisfaction of judgment | 12/2/2008 |
Q: I live in Ohio, Asset Acceptance filled a judgment against me and won. I have since then paid the ...
A: File a motion for dismissal based on the judgment being paid in full. Send a copy of the motion to ...
|
| How to get judgement money. | 12/1/2008 |
Q: I recently won a civil consent judgement IN THE SUPERIOR COURT OF CHATHAM COUNTY(GA) against a ...
A: All you would need is to assign the collections to an agency or attorney to pursue collection of ...
|
| disability and debt | 11/28/2008 |
Q: i was recently diagnosed with malignant cancer and have undergone major surgrey. i am now disabled ...
A: Your options depend on your assets and overall financial situation. If you are on disability that ...
|
| debt collections | 11/25/2008 |
Q: 2 years ago, my girlfriend (at the time) and i purchased a 2004 dodge ram truck. Her and I both ...
A: At this point your options may be few. You may attempt to take your X to court for defaulting on the ...
|
| capital one judgement and homeless | 11/24/2008 |
Q: We found out through the mail (we have a temporary postal box) that the bank in connecticut froze ...
A: I am sorry to hear about your troubles. One thing I can say for sure is things have a way of working ...
|
| Admittance verification | 11/23/2008 |
Q: I have been sued by a credit card collection company and am in the discovery phase. My credit ...
A: The SOl is based on the Date of Last Activity (DLA) which is the date of last payment or charge ...
|
| auto pay credit card pmt never charged | 11/20/2008 |
Q: Due to software conversion problems we had a group of customers on auto pay credit card who where ...
A: You may need to seek local counsel to confirm but you should first send written notice of the error ...
|
| Does chase debt collectors follow fdcpa guidelines? | 11/17/2008 |
Q: I had a credit card with chase and now they are calling me from buffalo ny an I live in ca, getting ...
A: Although the FDCPA was originally written to deter abuse by third party collectors most banks and ...
|
| financing and horrible salesman | 11/16/2008 |
Q: i live in West Virginia. we opted to have our basement finished through a well known company. our ...
A: Yes, they can place a lien against the property since it is the subject property; however I would be ...
|
| credit cards | 11/15/2008 |
Q: I live in Arizona, my wife and I have approx. 75k credit card debt, can personal property be taken ...
A: Whether certain personal property can be taken is dependant on the type of property you own and ...
|
| Deeds | 11/14/2008 |
Q: I am married and my husband is terminally ill and we have no life insurance for him. I will be left ...
A: I would need more information before I can answer this question. Is there a will? Is he in a nursing ...
|
| Minor child debt? | 11/12/2008 |
Q: To make long story short, due to an error in doctor's office billing, my 19 year old daughter has a ...
A: You may advise your doctor that this is a legal issue and it must be corrected. They can correct the ...
|
| being sued | 11/11/2008 |
Q: I am on disability for a heart condition. I am being sued for a 150.00 doctor bill. can my ...
A: Your disability cannot legally be touched by a creditor but you will have to file for an exemption ...
|
| debt collection | 11/10/2008 |
Q: I was sued by a 'junk debt collector'. I had to go to Small Claims Court. I could say about nothing ...
A: How did they get a judgment without paperwork? And how did the judge negotiate with the creditor ...
|
| Trying To Determine Valid Debt Validation From Collectorrs | 11/9/2008 |
Q: Basically, I wanted to know if a collector, who uses their letterhead to specify when the account ...
A: This is a big problem in the industry as there is no real definition in the law which spells out ...
|
| GE Money Discover praying judgment Oklahoma | 11/5/2008 |
Q: I have been served and given 20 days to respond.I did owe $5500, but now with all the fees it is ...
A: Sorry for the delay, i get a lot of questions and try to keep up but time is limited. First, You ...
|
| credit card debt | 11/3/2008 |
Q: I have a business that is in delima because of this economic situation that our country is going ...
A: First thing you must do is stop using the cards. If you have used the cards within 6 months of ...
|
| Being Sued by Hosto, Buchan, Prater and Lawence on behalf of Capital One | 11/2/2008 |
Q: I am being sued by a collector for Capital One for a car I was purchasing in 2002. I go to court ...
A: I am sorry for the delay in answering you but I have been inundated with questions and it is hard to ...
|
| Being sued by school | 10/31/2008 |
Q: I enrolled Jan 2008 in an online Ph.D. program. I am in PA and the school is in Florida. All work ...
A: According to federal Fair Debt Collection Practices Act they must file suit in your location, ...
|
| Garnished Wages | 10/29/2008 |
Q: My father in law lives in Arkansas and is currently facing foreclosure because his wages are being ...
A: We may be able to help stop the garnishment and deal with the foreclosure. We are now a full service ...
|
| credit card debt | 10/28/2008 |
Q: I have received a letter from Blitt and Gaines that states that they are collecting for another ...
A: There is usually a predictable sequence of events that transpires in the collection process. For ...
|
| Car repossessed in April | 10/27/2008 |
Q: I had a car repossessed in April. Currently on my credit report it is showing as a charge off. If ...
A: According to Federal rules of civil procedure you must be notified of any civil action filed against ...
|
| Registered foreign judgement | 10/26/2008 |
Q: On 4/16/08 I had a default judgement against me in California. I work hard and had the judgement ...
A: You will need to file a response to the courts on the registration of foreign judgment. Make sure ...
|
| judgment collection of credit card debt | 10/23/2008 |
Q: We received a letter from an attorney that says a judgment has been entered in Los Angeles County ...
A: The courts would have had to make an attempt to serve you at their last known address or by public ...
|
| being sued | 10/21/2008 |
Q: I`m being sued for a doctor bill my only income is ssd can I lose even on such a small income? can ...
A: A creditor cannot touch your SSD and if you have no assets then you are safe from any attachment. ...
|
| unsecured debt, New Jersey | 10/20/2008 |
Q: I am retired and have a large amount of unsecured debt. I live in an apartment in New Jersey. I get ...
A: A creditor may not garnishee your retirement check or social security. However, if they file suit ...
|
| Checking account garnishment | 10/18/2008 |
Q: My husband and I have a joint checking account. This morning, a charge was made against our account ...
A: Some states allow for bank accounts to be frozen prior to a judgment but not seized. I am curious ...
|
| Repo | 10/17/2008 |
Q: My sister purchased a truck about 5 years ago. Soon there after she realized she couldn't make the ...
A: First, this is a civil matter not a criminal one.She will not be arrested. And even though the ...
|
| Timeshare Maintenance Fees | 10/15/2008 |
Q: My husband and I bought a timeshare back in the late 70's in Delaware for $5,000 cash. We bought a ...
A: Let me make sure I understand. The state you lived in at the time is Delaware? If that is the case ...
|
| Summons, Debt Collection Agency, SOL | 10/14/2008 |
Q: In 2003 , I was laid off from a great paying job and got behind on my credit cards, I tried to enter ...
A: You are correct about the SOL. And this would be sufficient reason to ask for the case to be ...
|
| Wage garnishmnet | 10/13/2008 |
Q: My husband had back surgery in 2004. I didn't sign anything or give any of my information at the ...
A: It appears they may collect from you on medical debts for your spouse. You may try to defend ...
|
| Credit card debt of my mother who passed away was put on my credit report as charge off. | 10/12/2008 |
Q: My mother passed away earlier this year and she had some credit cards that had balances. I had live ...
A: You may dispute the item on your credit reports through the credit bureus. Inform them you are ...
|
| Letter from Attorney | 10/11/2008 |
Q: I received a letter from an attorney on Friday of last week (10/3/08), advising they represent ...
A: I have never seen anyone successfully complain about that particular issue concerning validation of ...
|
| Letter from Attorney | 10/7/2008 |
Q: I received a letter from an attorney on Friday of last week (10/3/08), advising they represent ...
A: First, when an account is charged off it is still a valid debt, it is just written off as a bad debt ...
|
| payday loan | 10/6/2008 |
Q: I got your answer on that payday loan. they called and they said they were from national ...
A: They can call but this is an attempt at fraud. If they call back let them know you are filing a ...
|
| how do i plea on a court summons | 10/5/2008 |
Q: I have till tomorrow to answer a summons. I owe $1,761 plus $352 lawyers fee. I have no idea what ...
A: If you are unemployed they cant touch you anyway although you may want to respond to the summons and ...
|
| court summons | 10/4/2008 |
Q: I had a credit card that was written off by the company. I just recd a court summons from ...
A: Yes, it is common that creditors sell bad debts to collection agencies or attorneys and they assume ...
|
| old debt | 9/30/2008 |
Q: Two years ago I had to hire an attorney because my two brothers and I didn't see eye to eye on what ...
A: First, in all fairness you should write a letter to the attorney and express your concerns and what ...
|
| Voluntary Car Reposession | 9/29/2008 |
Q: I am strongly considering turning my car over to the bank as a voluntary reposession. Technically, I ...
A: The problem with a voluntary or involuntary repo is that once they sell the car they will come after ...
|
| filing summons answer | 9/28/2008 |
Q: I'm trying to write up an answer to a summons and I have a couple of questions. 1. If I'm going to ...
A: Yes, of course that would be the most reasonable action for them to take but there are no legal ...
|
| judgement/charge offs | 9/27/2008 |
Q: I invested in a house rehab project and it went downhill. We still own the house (not in my name) ...
A: Your situation is getting to be more and more common these days as the markets keep plummeting. One ...
|
| Another one sued by Citibank | 9/25/2008 |
Q: I was served my summons last month. I have my day in court next Wednesday. I am looking for advice ...
A: You need to document everything you just said and file a response to the courts if you haven't ...
|
| Lawsuit threat | 9/24/2008 |
Q: I lost my job in dec 2007 and went to work for a local magazine selling advertising. I did not make ...
A: The best thing to do is put your situation to paper and show them how difficult your situation ...
|
| filing summons answer | 9/22/2008 |
Q: I'm trying to write up an answer to a summons and I have a couple of questions. 1. If I'm going to ...
A: The answer to question #1 is yes. and I would also include the credit report but that may not be ...
|
| court summons | 9/17/2008 |
Q: i am 61 years old, I am on ssi dissibility for past 12 years, i have credit card debt, i got the ...
A: Fear not. This is a civil matter and they cannot take your income or your belongings. You are exempt ...
|
| Collection Agenecy Accountability? | 9/13/2008 |
Q: I have/had an account in collection, care of unifund... no big deal; a small amount and paid off. ...
A: You may not need an attorney to file the motion to dismiss. If you believe the account has been ...
|
| Out of state returned checks | 9/12/2008 |
Q: We are a vacation property manager in North Carolina. We had a guest from Ohio that paid us with a ...
A: You may be able to file charges for fraud with a state or federal agency. Maybe the FBI since they ...
|
| Chrysler Vehicle Termination of Lease Exhorbitant Charges. | 9/11/2008 |
Q: My wife had leased a 2007 T&C vehicle through Chrysler Financial. On 6/11/2008 we returned the same ...
A: Please don't mistake this for legal advice but someone seems to have screwed up. I suspect the ...
|
| Regarding Collection Agency | 9/10/2008 |
Q: I appreciate your help. Currently I live in OHIO. I used to have MBNA Credit Card, and That time I ...
A: The SOL should be for NY not Ohio since that is where the account originated. Also, when you did the ...
|
| Double Claim on Discover Card Debt | 9/8/2008 |
Q: I have a discover card debt that went to judgment and reported to my credit report for 10 years. ...
A: I am afraid this is legal. They can extend the judgment indefinitely in most cases by refiling their ...
|
| Car repossion on credit report last activity 07/02 | 9/7/2008 |
Q: My mother cosigned on a loan for my brother on which he stop paying on. The car was repossessed. It ...
A: A repossession can remain on a credit report for up to seven years, however given a little time she ...
|
| collection | 9/2/2008 |
Q: I have a judgment against a mortgage bank. How do I collect it?
A: Good question. I would need some background information concerning the judgment but I will try to ...
|
| Vacated judgment | 8/31/2008 |
Q: Last year 2007, I received a judgement for an outdated account from a collection lawyer. My lawyer ...
A: The credit bureaus have 30 days to verify the disputed information. If it is a civil judgment they ...
|
| Minor | 8/30/2008 |
Q: My name is Adrian, and I live in Oregon. About 6-7 months ago, I received a credit card application ...
A: Have your parents write a letter to the credit card company informing them that you are under age ...
|
| loan help | 8/29/2008 |
Q: I purchased a car, but after years of on-time payments could not make the last 5 payments($1,800 ...
A: Just because the account is written off does not make it uncollectible. This is just an accounting ...
|
| Default Judgement, Never Received Summons | 8/28/2008 |
Q: I live in Massachusetts. My father brought a letter to me (unopened) that is from a law office in ...
A: You may file a motion to set aside the judgment due to the fact you have never been served and it ...
|
| AM EX Collections | 8/27/2008 |
Q: Its along story, but my American express went to collections the total amount owed is $34,000. When ...
A: I would say the use of the word "settled" is sufficient, however I would let someone review the ...
|
| No way out!!! | 8/25/2008 |
Q: I am in a situation with a judgement. From 2003, I received a judgement from a lawyer representing ...
A: This is not an uncommon situation. Many times collection attorneys or agencies add charges that are ...
|
| repossession | 8/24/2008 |
Q: I have been reading your answers on the message board. I just had a vehicle repossessed two days ago ...
A: You may be able to buy yourself some time to help you catch up. The Fair Debt Collection Practices ...
|
| Bank Levy | 8/20/2008 |
Q: Recently had a judgement against me for my daughters medical bill which we are still fighting. Got ...
A: In most cases I would say no. I have insufficient info to say definitively but unless they did some ...
|
| Owed Association fees | 8/14/2008 |
Q: I recently received a letter from a Law Group which is attempting to collect an owed debt to a ...
A: Did you join the association after your bankruptcy? I am curious as to the series of events leading ...
|
| I was sued by 3rd party collector. | 8/12/2008 |
Q: My problem started when I recieved a default judgement against me for 1600.00 from Professional ...
A: First, if the third party purchased the account or is an attorney and was given authorization they ...
|
| Dispute of Amount | 8/11/2008 |
Q: I am currently disputing a claim that Midland Funding has against me. In the paperwork that was sent ...
A: If Midland purchased the debt they are entitled to the entire balance due including principle, ...
|
| Judgement over Credit Card | 8/10/2008 |
Q: My boyfriend used to live in NY and moved to FL in 2004. At that time he has a Providian credit ...
A: They may have attempted to serve him at his old address since they didn't have a new one. He may be ...
|
| prepaid credit card gone to collections? | 8/9/2008 |
Q: My husband purchased a greendot card and used the money up. When the card expired he cut it up and ...
A: If this was a prepaid visa there should not be any other charges and it is impossible to overcharge ...
|
| 80/20 loan and foreclosure | 8/8/2008 |
Q: Our home was foreclosed and sold at auction Oct, 2007. We had an 80/20 loan. The 1st loan (80) ...
A: They still have a right to collect the balance due whether they participated in the foreclosure or ...
|
| Unable to Pay Business Loan | 8/4/2008 |
Q: My husband has a $50,000 business loan with citibank. He has had the loan for 8 years. Used it to ...
A: You don't have to fear the collection agency. They don't have any more power than the bank. If you ...
|
| After Repossession, Full Payment made but Asset company can't recover vehicle. | 8/2/2008 |
Q: I have a VERY complex situation. My car was repo'd, then approximately 24 hours after this I made ...
A: I don't know any attorneys in Michigan but you may not need one. File a small claims petition and ...
|
| broke lease/ rent credit texas | 7/31/2008 |
Q: my friend broke his lease in texas in 1997 and went overseas for 10 years. is he still on the "bad ...
A: In most cases a lease may be broke if the renter gets a job more than 50 miles away and has to move ...
|
| Garnishment | 7/30/2008 |
Q: My wife and I are going to be divorced. She will file Bankruptcy and be released from the Mortgage. ...
A: No, the creditor cannot garnishee your disability. And it probably wouldn't get to that point ...
|
| Please Help | 7/29/2008 |
Q: I have a debt that stems from 2006. Im changing companies and im over the credit limit by $988.00 I ...
A: I would need more information. I Googled WebBank and got several options. I need to narrow it down ...
|
| 16 mon. after summary judgement and wage garnish attorney filed for another $525 | 7/27/2008 |
Q: 16 months later-is it too late file countersuit ? My husband did not go to court in March 2007 and ...
A: They would be justified to receive all funds legally available to the original creditor if they ...
|
| SOL car repo | 7/24/2008 |
Q: My husband purchased a Grand Am in Ark in 2001. Then we moved to OK, apparently we became behind on ...
A: The SOL does apply to the state in which the original deal was signed. If the SOL has expired then ...
|
| Collecting after Collection | 7/23/2008 |
Q: I work accounts receivable at a dental office. Can I take payment from a patient after they have ...
A: This depends on your contract with the collection agency. I would say yes in most cases unless the ...
|
| Notice to appear | 7/22/2008 |
Q: I received an order on motion for telephonic appearance at pretrial conference. I have never heard ...
A: If you sent a validation letter according to FDCPA they must reply. If they did not you need to ask ...
|
| Responsibility for spouse's med bills | 7/21/2008 |
Q: First, I live in NY. My husband passed away 5yrs ago and I received many medical bills for him. ...
A: This could be a sticky issue since you are still under their care. They could refuse you service if ...
|
| Collecting money owed to small business | 7/20/2008 |
Q: I own a small dance studio and have numerous customers skip out on paying tuition. This has been ...
A: DO you have the parents sign a contract? If so, you can enforce your contract through small claims ...
|
| MEDICAL COLLECITION | 7/19/2008 |
Q: I JUST GOT A BILL FROM A COLLECTION AGENCY THE MEDICAL BILL WAS FOR 500.00 AND THEY ADDED 200.00 ...
A: Normally they cannot just arbitrarily add that kind of interest. First it must fall within the state ...
|
| Payday Loans | 7/18/2008 |
Q: I am in trouble with too much payday loan debt. As of now I am current on everything, ...
A: First, unless the lender can prove intentional fraud you cannot be prosecuted for a bad check on a ...
|
| Court Summons on debt | 7/14/2008 |
Q: On Friday, I was presented with a Summons demanding that I provide an answer to the complaint "which ...
A: You may request validation as part of your answer but would need to dispute the debt and show a ...
|
| leaving the country | 7/12/2008 |
Q: I lost my job, my only choice is to go back to my country and stay with my family. I found someone ...
A: Although I believe they can pursue collection in other countries it is not likely unless the debt is ...
|
| Sued by collecions agency | 7/11/2008 |
Q: I received a summons from a friend that was at my house. He answered the door and I was not home and ...
A: This depends on your state. Some states allow prejudgment garnishments or seizure of assets under ...
|
| Bad Debt Haunting Card Signator | 7/10/2008 |
Q: A few years ago, I had a credit card in my name only with a nationwide home improvement store. My ...
A: Since he was just an authorized signer he is not responsible for the debt. He may file a complaint ...
|
| Collection harrasment. | 7/9/2008 |
Q: We were getting behind on our credit cards so we went and did a Morgage consolidation loan to pay ...
A: You will need to provide proof the debt was paid to the original creditor. Did you pay by check, ...
|
| foreclosures and 1099's | 7/8/2008 |
Q: I have a client who owns two pieces of land and can no longer afford the payments on and cannot sell ...
A: This depends on whether they intend on collecting or forgiving the deficiency balance. If they ...
|
| Garnisment | 7/5/2008 |
Q: I live in Washington state and have been getting garnished for old medical bills due to my jobs poor ...
A: You may appeal to the judge and ask that they suspend the garnishment for a period of time or ...
|
| Notice to appear | 7/3/2008 |
Q: I received an order on motion for telephonic appearance at pretrial conference. I have never heard ...
A: Yes, send your response to the courts and the creditors attorney and demand evidence you owe this ...
|
| Medical Bill Collections | 7/1/2008 |
Q: I heard that if I was seen for Medical reasons and have a bill that is outstanding, they are not ...
A: I am afraid this is not accurate. If the creditor decides they cannot collect their money they may ...
|
| Collection Agency | 6/30/2008 |
Q: My mother received a phone bill for $2,800. There were a bunch of international calls on there that ...
A: She needs to got to the bank and file an "Affidavit of Fraud". and file a police report. Send a ...
|
| Old Debt | 6/29/2008 |
Q: I am in Texas and believe that the statute of limitations has passed on my debt. I received ...
A: The statute of limitations runs from the date of last payment on the account. You might check your ...
|
| post divorce debt | 6/28/2008 |
Q: My divorce was finalized in February of 2006. I have recently discovered that my ex-husband has ...
A: This is a very common problem. One of the problems is that unless he gets a loan to pay the account ...
|
| levy on partnership account | 6/27/2008 |
Q: Can a judgment creditor levy funds in a partnership account for a debit incurred years prior by one ...
A: I would say probably. If you are not an LLC or C-Corp. they can. You may contest the levy and ...
|
| collection law | 6/26/2008 |
Q: I received a summons from an old credit card which i believe is more than 5 years old. i know that ...
A: The statute of limitations is also open to interpretation. Some credit cards are considered written ...
|
| vehicle lienholder statue of limitations | 6/25/2008 |
Q: My husband has a car that he paid cash for in 1992. He never followed through on obtaining the ...
A: In many states you may send a certified letter to the last known address of the titleholder. If it ...
|
| forcloser | 6/24/2008 |
Q: how long or late before it goes to foreclose
A: A foreclosure can be filed at any time once an account is past due, however the law requires the ...
|
| 7 year old debt | 6/23/2008 |
Q: Is it true that after 7 years I don't need to pay a debt back. Thanks, Sam UK.
A: Not necessarily. Each state has its own statute of limitations on the collection of debt. I believe ...
|
| outrageous collection fees | 6/20/2008 |
Q: I have a time share that I have to pay yearly maintenance fees. I usually make these payments after ...
A: Normally, unless it is a government debt they may only charge late fees and interest on the ...
|
| no question - just wanna say thanks | 6/18/2008 |
Q: I understand your caution when you say I have a good case- just someone else to say that to me ...
A: The problem is that they also have a judgment against you which extended the SOL. If it was past the ...
|
| Deceased Credit Card Debt | 6/17/2008 |
Q: My mom passed away 11/29/07. I am an only child and therefore really have no one to help with these ...
A: You would need to consult with a probate attorney for specifics concerning this particular estate ...
|
| old lien holder has disappeared | 6/16/2008 |
Q: In 1995, my husband and I were in need of a personal loan and my mother offered her car as ...
A: Depending on the balance you may be able to file a small claims suit to get the judge to decide ...
|
| Deceased Credit Card Debt | 6/14/2008 |
Q: My mom passed away 11/29/07. I am an only child and therefore really have no one to help with these ...
A: First, you do not personally owe on the credit cards but if there are assets that are not exempt ...
|
| Repossession | 6/13/2008 |
Q: I live in AZ and my husband and I are in the process of filing Chapter 13. We have not fully ...
A: These are all good questions. First, once you decide to file bankruptcy and inform the creditors of ...
|
| no question - just wanna say thanks | 6/12/2008 |
Q: I understand your caution when you say I have a good case- just someone else to say that to me ...
A: It is not uncommon for collection agencies to ignore these types of requests for validation and ...
|
| FDCPA Laws | 6/10/2008 |
Q: My husband has a debt that was obtained before our marriage. The collection agency is rude and ...
A: Some collection agencies will not accept or sign for certified mail because they know what it is. ...
|
| Double reporting on credit report | 6/9/2008 |
Q: I had a credit card that I owed for that was already reporting on my credit file, and then ...
A: This is a very common problem. Some have accounts being reported by several companies which makes it ...
|
| Civil debt case | 6/8/2008 |
Q: I received civil papers that I responded to regarding a debt. I told the attorney about my ...
A: I would not send money unless you are still within the agreement period. Try calling her again and ...
|
| Trim pkg for new construction | 6/7/2008 |
Q: We ordered our trim from an out of state company thru their sales rep. We never filled out a credit ...
A: First things first. You will need to account for items not received and items received but not ...
|
| BILLING INSURANCE / COLLECTION | 6/5/2008 |
Q: I had an emergency room visit in October of 07. My insurance was provided at the time of ...
A: Unless you force the issue they will probably continue their collection efforts. If they do, file a ...
|
| Not paying 2nd Mortgage | 6/4/2008 |
Q: I own a house that I bought about a year ago at 534k in antioch, ca. Of course houses values are ...
A: It is not likely the second mortgage will take your home. They have a junior lien and would not get ...
|
| car was repossed | 6/3/2008 |
Q: OK HERE IS THE STORY. TODAY I HAD A PRIVATE INVESTIGATOR COME TO MY HOUSE ASKING ALL SORTS OF ...
A: File a police report and tell them you thought the car was repossessed. Then tell the investigator ...
|
| 2 collection agencies at one time | 6/2/2008 |
Q: My credit card company sold my account to someone else(LTD Aq.) who in turn hired a collection ...
A: The question is were there any instructions or requirements in the settlement letter giving ...
|
| bank hold | 5/31/2008 |
Q: my wages are currently being garnished(for the past 2 and 1/2 months) and i just found out that the ...
A: I am afraid they can, however you may be able too ask the courts for a hearing and let them know it ...
|
| Credit union 14 year old debt. | 5/31/2008 |
Q: Just received court documents in u.s. mail that our very old credit union is requesting money on a ...
A: The statute of limitations for this type of debt in IL. is 10 years from the date of last activity ...
|
| Wrongful Judgement | 5/30/2008 |
Q: I just became aware that i have a judgement against because I worked for a contractor as a ...
A: You may file a motion to set aside the judgment for the reasons given. They will probably have a ...
|
| FDCPA VIOLATION | 5/30/2008 |
Q: I HAVE A ACCT IN COLLECTIONS WITH A COMPANY CALLED ONCORE (ORIGIONAL CREDITOR GE MONEY. I CURRENTLY ...
A: The first thing to do is to send them a cease desist letter by certified mail, return receipt ...
|
| Foreclosure | 5/29/2008 |
Q: I am considering to go foreclosure.My concern is can bank go after my 2 other properties.There is a ...
A: In most cases, with few exceptions, they can attach other properties. However, most lenders these ...
|
| repo truck | 5/28/2008 |
Q: My brother had his truck repossessed today from my house. He was past due on 3 months payments. He ...
A: The lender has the right to call the balance due after a default. Most will allow you to reinstate ...
|
| credit cards of deceased father | 5/27/2008 |
Q: My father died unexpectedly at 84 y/o last November 2007. Credit card companies are calling me, his ...
A: If the house is in your father's name you cannot legally do a lease purchase since your name is not ...
|
| collection charges 33.33 % | 5/24/2008 |
Q: I owed around 6000 $ to my college and I was under the impression that I can pay my tuition whenever ...
A: They can add collection fees but I don't know about the 33.3%. Federal loans are much different than ...
|
| SUMMONS AND COMPLAINT | 5/23/2008 |
Q: WE RECEIVED A SUMMONS (20 DAY) AND COMPLAINT FOR A BILL THAT I PAID OVER THE PHONE THREE MONTHS ...
A: Yes, I believe it would be appropriate to submit your answer to the summons and include the ...
|
| credit cards of deceased father | 5/22/2008 |
Q: My father died unexpectedly at 84 y/o last November 2007. Credit card companies are calling me, his ...
A: First, you are technically not obligated to pay his credit cards. However, they can file a claim ...
|
| hearing for a debt | 5/20/2008 |
Q: my wife had a judgment in 2000. Last year she got a written garnishment against her salary & bank ...
A: They apparently already have a judgment so they have already won. The garnishment is a totally ...
|
| After receiving Validation of Debt | 5/15/2008 |
Q: I had disputed my medical collection with all three credit bureaus and they all came back as ...
A: Depending on your state you may still be responsible for the debt. Contact the original creditor and ...
|
| How many times can 1 account be listed against you? | 5/14/2008 |
Q: One account, multiple collectors; how many times can one bad account be counted against you on your ...
A: This is not an uncommon problem. If you can document that they are all the same account you may be ...
|
| Being used by Unifund Partners | 5/13/2008 |
Q: My wife received a summons to appear in court on May 28th of this year regarding a bad debt Unifund ...
A: Unifund is very busy these days. They buy up old credit card debts and file suit, obtain judgement, ...
|
| Arbitration Award | 5/12/2008 |
Q: I recieved a letter via sheriff regarding an arbitration award being filed against me by MBNA / ...
A: I really don't have sufficient information to respond to your questions. Although the statute of ...
|
| foreclosure | 5/10/2008 |
Q: My wife and I are about to go into foreclosure on a construction loan. Due to the market conditions, ...
A: If you let the property go into foreclosure without trying to negotiate a deed in lieu of ...
|
| Can a judgment be enforced? | 5/9/2008 |
Q: If a company you owe money to sues you, gets a judgment and later goes out of business, is the ...
A: This depends on whether they still have an obligation to you according to the contract you signed ...
|
| Default judement/Supplemental hearing | 5/7/2008 |
Q: I live in Washington State and last week I was served with papers for a judgment against me. Suttell ...
A: You have good information. File the motion to set aside the judgment based on the fact you were ...
|
| percentage rates | 5/4/2008 |
Q: We own a small business and we got in trouble with one of our supplier. I am making amends by ...
A: In the absence of a contract they can only charge what your state law allows for that type of debt. ...
|
| Being Sued | 5/3/2008 |
Q: I recently was hand delivered a letter of intent to sue me. The letter calls for me to respond ...
A: You first need to read the summons (if that is what you received) completely to see who the creditor ...
|
| auto loan expired | 5/2/2008 |
Q: I HAVE THE SAME NAME AS MY SON .APPROX 12=14 YEARS AGO HE GOT A AUTO LOAN HE DID NOT PAY IT OFF I ...
A: Did your son use your ssn? You can stop collection action against you by submitting a same name ...
|
| Judgment | 4/28/2008 |
Q: One week ago my mom gave me a summons one she received at her house, my previous address, (we both ...
A: You may be able to file a motion to overturn the judgment based on the fact that you didn't live at ...
|
| Spouse debt on my credit file | 4/27/2008 |
Q: My husband has about (5) separate small medical bills that he has not paid after a hospital stay. ...
A: I cannot say definitively due to not having all the facts however, normally they cannot report his ...
|
| hospital bills not mine | 4/26/2008 |
Q: recently checked my credit report to find medical bills from my estranged husband on it. I called ...
A: This could get complicated. Each state has its own set of laws and would take some time to sort out. ...
|
| payday loans | 4/24/2008 |
Q: I have payday loans I cant pay. They are all less than 500. Will they file a civil case against me ...
A: They could and most likely will file suit against you to get their money. Payday loan companies are ...
|
| Sent to Collections - what are the options? | 4/23/2008 |
Q: This is a strange situation, but I will explain it the best I can. My boyfriend attended DeVry ...
A: Sorry for the delay. I thought I had answered this previously. First, they already have evidence ...
|
| Retail Dispute | 4/22/2008 |
Q: Background: I am currently Active Duty Air Force....this means that any negative legal action ...
A: If you did not receive the merchandise for which you paid you have every right to complain and file ...
|
| repo on car title loan | 4/17/2008 |
Q: i took a car title loan out and months after i took the loan out i received my title in the mail i ...
A: They cannot repossess your vehicle without a perfected lien which they do not have. They would have ...
|
| 6.5 years old dbt with chase master card | 4/16/2008 |
Q: . my original CHASE mastercard balance on my account was like 950.00 but I was out ...
A: The SOL applies under California law. It is the state where you lived and originated this account. ...
|
| 6.5 years old dbt with chase master card | 4/15/2008 |
Q: . my original CHASE mastercard balance on my account was like 950.00 but I was out ...
A: There is a statute of limitations on debt collection in all states. It looks like you are already ...
|
| CREDIT CARD CHARGE OFF | 4/13/2008 |
Q: MY WIFE IS CURRENTLY AN AUTHORIZED USER ONLY ON MY CITI MASTERCARD IN NJ IF I REMOVE HER AS AN ...
A: It may. Up until recently the credit card companies were reporting accounts on authorized user ...
|
| Brain Aneurysm, SSA disability | 4/12/2008 |
Q: First, I do not really know how I found this web-site. Thank God I guess. I was told I have a brain ...
A: First and foremost relax. No one can take your disability check and you probably don't have to file ...
|
| Collections debt | 4/11/2008 |
Q: Back in 2002, 2003 my mother passed on and I let a few things go to collections cause I spent her ...
A: This really depends on your budget and the state you live in. Each state has their own collection ...
|
| bankruptcy | 4/9/2008 |
Q: I filed bankrupcty over a year ago with the help and advice of a lawyer. The bankruptcy was then ...
A: I do not believe your bankruptcy affected the SOL other than to hold the creditors off beyond the ...
|
| Collection Question | 4/8/2008 |
Q: So this is my case... I have a TV from Aaron's Sales and Lease.. Now I have receive a Phone ...
A: According to to the Fair Debt Collection Practices Act they cannot call repeatedly but that is ...
|
| disability and foreclosure | 4/7/2008 |
Q: I live in Wittmann, AZ and prior to buying my home and taking out a line of credit I had an ...
A: No. a creditor or mortgage company cannot touch your ssi or disability check. However, they may be ...
|
| debt collection/bank account | 4/4/2008 |
Q: I received a summons and complaint from Spotsylvania., Va. court. The plaintiff, Unifund CCR ...
A: They normally will not take money from your account until they get a judgment but if you gave them ...
|
| car loan | 4/3/2008 |
Q: I bought a car three weeks ago. I just received financing. I realize that I cannot afford this car, ...
A: Unless the dealer and/or the finance company is willing to release you from the contract I afraid it ...
|
| summons | 4/2/2008 |
Q: I received a summons to appear in court or file a answer to a credit card debt 1593.92 Plaintiff: ...
A: First, I am not an attorney and cannot provide legal advice, however you want to make sure you ...
|
| credit card debt | 3/25/2008 |
Q: I have a summons issed by citi bank for23,00.oo do not have money for attorney, have a home do not ...
A: Potentially they could get a judgment and attach a lien against the property. This does not mean ...
|
| levy on bank account can a bankruptcy help | 3/24/2008 |
Q: My bank account has a levy on it and is it possible to file an emergency bankruptcy to prevent them ...
A: I will need more information such as the state you live in, type of debt, creditor name, etc. ...
|
| Auto Loan Default | 3/23/2008 |
Q: I am considering voluntarily returning my car to the lender and subsequently defaulting on the loan. ...
A: You are correct in the process. The lender can sell the car for pretty much anything offered and can ...
|
| loan contract | 3/22/2008 |
Q: May dad has lent some of his friends thousands of money about 15 years ago and this has happed in ...
A: You may file suit against the ones who are in the states and will need to produce documents proving ...
|
| Credit issues | 3/21/2008 |
Q: I got turned down for credit which surprised me very much. What I found was a company called Midland ...
A: You may dispute the items on your credit reports and the credit bureaus must investigate each item ...
|
| being accused of fraud | 3/20/2008 |
Q: phone call today from commision for fraud accused of internet loans that were not paid back which is ...
A: I suspect they are attempting to commit the fraud. I would bet there are no warrants and they are ...
|
| Bad condo purchase. What to do | 3/19/2008 |
Q: Mike, I hope you can help give me some guidance here. I purchased a condo conversion in 2006. Since ...
A: You could possibly offer to do a deed in lieu of foreclosure and give the property back to the bank ...
|
| Summons | 3/18/2008 |
Q: I received a summons today regarding a credit card debt I owe -1416.12 plush 312.25 in interest. I ...
A: First and foremost, relax, fear not, you will not go to jail over a debt. This is a civil matter, ...
|
| collection | 3/17/2008 |
Q: If a working woman marries an unimployed man, would she become liable for his past outstanding ...
A: No, In most cases the spouse cannot be held responsible for their husbands pre-marital debts. Just ...
|
| Ohio SOL | 3/16/2008 |
Q: Can you please tell me the SOL on credit card debt in the state of OH? I have an old Providian bill ...
A: In Ohio all forms of debt can be collected for 15 years from the date of last payment. A judgment ...
|
| statute of limitations on vehicle lease | 3/15/2008 |
Q: I live in NJ and I would like to know if there is a statute of limitations for vehicle leases. In ...
A: The judgment extenses the SOL 7-10 years beyond the stated SOL and can go on indefinitely. It is ...
|
| Car title in mail | 3/14/2008 |
Q: .. quick question, we just recently refinanced a vehicle, they are two separte lenders. Today, we ...
A: I am assuming the new lender expects to have a lien against the car but the original lender sent the ...
|
| credit card use after death of primary card holder | 3/13/2008 |
Q: My sister was an authorized user on my mom's credit card. When my mom passed away my sister used her ...
A: The estate may be protected but your sister may not be. If she charged on the account after your ...
|
| collection law | 3/10/2008 |
Q: I was hurt on the job and currently getting worker's comp. I have bill collectors calling me all the ...
A: Although they may get a judgment they cannot garnishee your WC benefits. However, they may be able ...
|
| hospital bill | 3/8/2008 |
Q: I awoke one morning not feeling good. Dizzy and numbness in my left hand. I phoned my doctor who was ...
A: First, They cannot touch your social security so dont panic. If the account goes to collection they ...
|
| auto loan | 3/5/2008 |
Q: I recently had a vehicle repossessed. The car has been sold by the loan company. The loan company ...
A: They can demand anything but as you said you cannot pay what you don't have. First, put your budget ...
|
| collection agency | 3/4/2008 |
Q: I have an outstanding Sears debt that was bought by Redline recovery services. I would like to take ...
A: First, write them a letter requesting validation of the debt and offer them a settlement at 50% or ...
|
| Car Repo | 3/3/2008 |
Q: My husband is currently in Iraq with KBR. They don't even pay him until he's been "in country" for ...
A: According to the Soldiers and Sailors Relief Act they cannot file suit or repo the car under most ...
|
| Comcast sent bill to collection agency | 3/1/2008 |
Q: I discontinued my service with Comcast (Houston) on Jan. 23, 2008 also returning all equipment. I ...
A: It sounds like you may have a legitimate dispute with this. You could file a complaint with the ...
|
| 25 year old school loan | 2/29/2008 |
Q: I just received a letter from a collection agency. It stated that I owed over 7,000 on a federal ...
A: Most government guaranteed student loans have no statute of limitations and they could attempt to ...
|
| Merchant trying to collect after chargeback | 2/27/2008 |
Q: disputed charges on my Sprint account that were $350.00 higher than normal charges per month. For ...
A: If you have a dispute and the vender isn't cooperating you may wish to file a complaint with the ...
|
| judgment on top of judgment | 2/24/2008 |
Q: A collections debt recovery agency file a judgment against me back in 2k6 for a credit card debt I ...
A: A default can technically be declared if you are one day late but this is very unusual. I would ...
|
| Charge Off | 2/23/2008 |
Q: I purchased a vehicle through Ford Motor Credit with my father as a co signer. My father filed ...
A: It sounds like you may have to dispute the charge off with FMC. The account should never have been ...
|
| affidavit of fraud | 2/21/2008 |
Q: I appreciate it very much as I am stressed about this situation. I appeared in court yesterday for ...
A: It is hard to say without reading the affidavit but I would think the attorney would forward the ...
|
| judgement | 2/20/2008 |
Q: A law company has a judgememt against me, for a gredit card debt. the original amount was about $ ...
A: First, NO you cannot go to prison. This is a civil matter not a criminal matter. A judgment is a ...
|
| Being sued by collection agency who owns my credit card debt | 2/19/2008 |
Q: I received a summons 02/26 for a credit card balance that was written off since 2003 by Sears. My ...
A: You may attempt to negotiate a settlement for less than is owed but they may not accept monthly ...
|
| Past Due Bills | 2/18/2008 |
Q: I am wondering how many times a day a credit card company can callb you in a day for a past due ...
A: There is no set number of times they can call but the Fair Debt Collection Practices Act states they ...
|
| writ of execution ,Ohio llc | 2/17/2008 |
Q: "I had a company who gained a judgement on my business . I was served with a writ of execution , to ...
A: Request a hearing and state your case as you did here. You may have to prove the property is not ...
|
| Can I Collect at All ? | 2/16/2008 |
Q: Brotherton, Thank you for taking the time to be so kind as to try and help me with my situation. I ...
A: please forgive the delay in responding to you. IN answer to your question you may be able to ...
|
| Help!! | 2/15/2008 |
Q: We had to file bankrupcy because my husband was laid off and we would lose our house. Our bankrupcy ...
A: Most mortgage companies have several options to help you get caught up such as modification and ...
|
| Not my debt. | 2/12/2008 |
Q: The apartment building I lived in two years ago claims that I owe them $350 for extra days I spent ...
A: Do you have any receipts or other documentation to prove you already paid? If so, send copies to the ...
|
| Deadbeat Client | 2/11/2008 |
Q: I own a small Service company in Chicago. I have completed services for a client in Texas. I've ...
A: I'm afraid you will need an attorney in TX to file the suit but even that doesn't guarantee you will ...
|
| collection | 2/10/2008 |
Q: i changed jobs a couple of years ago due to losing my other job for personel reasons. i had no ...
A: First, you can stop the calls by sending a cease and desist letter demanding they stop calling. Be ...
|
| judgement rendered against me in another jurisdiction | 2/9/2008 |
Q: I had a Civil judgement rendered against me (unbeknownst to me ) in my absence in a county court in ...
A: I would say yes you have a good chance of having the judgment overturned on the grounds quoted. You ...
|
| medical bills and collection agencies | 2/8/2008 |
Q: i was in a car accident in 2003 in wa state. my husband and i were hit by a semi truck. it was ...
A: I am not aware of any other laws pertaining to your question however, you may add a consumer ...
|
| financial death obligation | 2/6/2008 |
Q: if a parent of an adult dies with credit card and medical bills can the adult child be held ...
A: Not directly, however if the deceased has debt and assets that may be sold to pay those debts then ...
|
| Wrecked car with no insurance | 2/4/2008 |
Q: I wrecked my car about 3 months ago and I did not have any insurance. The accident was not my fault ...
A: You have quite a dilemma. My first question is what would the car be worth once repaired? A ...
|
| collection agency | 2/2/2008 |
Q: i am paying a collections service for some medical bills..i pay them $100.00 month. can they still ...
A: Any debt may be reported to the credit bureau irregardless of whether you are paying the debt or ...
|
| Being punished for bankrupcy | 2/1/2008 |
Q: My wife & I due to like many other homeowners, are in chapter 13. We are though, doing a pay back ...
A: I am afraid they can do this. Occasionally creditors pull credit reports and any indication of a ...
|
| TX-lien agains porperty for a repo vehicle | 1/31/2008 |
Q: When my ex and I got divorced, I was awarded my vehicle and I continued making payments on it. The ...
A: 1. In TX you cannot be garnisheed 2. They may obtain a judgment for the deficiency 3. They may be ...
|
| Collection calls | 1/30/2008 |
Q: Good day, At what point in time do collection calls become harassment and stalking? I have one ...
A: Although there is no set number of times a creditor can call if it becomes annoying you may complain ...
|
| Home foreclosure | 1/29/2008 |
Q: I own a house in Michigan, I paid $400K in 2000, I have a mortgage of $285k and a Home Equity Loan ...
A: Although the bank may consider taking a "Deed in Lieu" of foreclosure it is not as simple as handing ...
|
| Credit report error | 1/28/2008 |
Q: I had a auto loan for approx. $15'500.00 that was paid off in 2005, and the lien released from the ...
A: It is hard to say what may have happened but errors occur all the time. Write a letter to the credit ...
|
| Receiving Collection Calls for my neighbor | 1/26/2008 |
Q: I have received two phone calls from a collection company asking me to please tell my neighbor that ...
A: They are only allowed to call you once unless you ask them to call back or if they want to confirm ...
|
| Capital One | 1/25/2008 |
Q: I had a car financed through Onyx for over 3 years with paying almost 10,000 on a 13,000 loan. I ...
A: The main problem is that unless you have these arrangements in writing they are worthless. They can ...
|
| Collection on expired credit card debt | 1/24/2008 |
Q: I live in Ga. I have been summoned and required to file with the Clerk of the State Court to answer ...
A: You will need to show proof of last activity. Your credit report should show DLA. When you file your ...
|
| Can I get sued. | 1/23/2008 |
Q: I bought a 30,000 dollar car 2 years ago . I kept it for 1 year and couldnt afford it anymore. I had ...
A: Yes, they can sue for the deficiency. It may be difficult for them to collect their money though. TX ...
|
| Forclosure | 1/22/2008 |
Q: I'm about to go through forclosure. My guestion is can the mortgage company garnish my wages for he ...
A: In many cases they can collect deficiency balances. IN Florida they have favorable garnishment laws ...
|
| 3rd Party Collection Agency | 1/21/2008 |
Q: I recently had a 3rd party collection agency sue me for a debt which goes back several years. In ...
A: Send another letter disputing the suit and advise them that the suit was frivolous. They are ...
|
| Credit card debt | 1/17/2008 |
Q: I have 8,400 dollars in unsecured credit that was attached to a business that I owned it was a s ...
A: In most cases your credit will be affected. Settlements are most beneficial when you are already ...
|
| Damages after eviction | 1/16/2008 |
Q: We had a very hard time evicting some tenents and when we were able to get in to the house, it was ...
A: It depends on your state. Small claims may only get you a small amount depending on the local courts ...
|
| Authorized user on a credit card | 1/15/2008 |
Q: My father passed away one year ago and left some credit card bills that were listed in just his name ...
A: Although she is not directly obligated to pay his bills if she is just an authorized user, if the ...
|
| leaving messages | 1/14/2008 |
Q: i wanted to know how often collectors can leave messages on your answering machine in ...
A: They may call daily although not an excessive number of times. This is wide open to interpretation ...
|
| FORECLOSER | 1/12/2008 |
Q: IF YOU RECIEVE NOTICE THAT THEY ARE GOING TO AUCTION YOUR HOUSE OFF AT THE COURTHOUSE, DOES THIS ...
A: In most cases they may collect on the deficiency balance although many mortgage companies are ...
|
| wage garnishment | 1/11/2008 |
Q: I have one garnishment in affect by court order..was just informed by my employer of a second, i ...
A: Normally you cannot have two garnishments at one time. I would question this with the employer and ...
|
| Mortgage Deficiency Statute of Limitations | 1/10/2008 |
Q: State of Florida. I read online that the statute of limitations on mortgage deficiencies falls ...
A: In most cases, if the creditor already has a judgment they may have extended the SOL indefinitely. ...
|
| Military bonus | 1/9/2008 |
Q: My son enlisted in the Army in June 2006. He has a history of mental health issues and at the time ...
A: I would expect that he will have to repay the bonus. The government may take any tax refunds he gets ...
|
| debt collection | 1/8/2008 |
Q: Brotherton, I volunteer at a women's prison and one of the women is at work release. Now that she is ...
A: She cannot pay what she doesn't have. If she finds better employment she can make payment ...
|
| Florida statute of limitations | 1/7/2008 |
Q: Florida Statute of Limitations Bad Debt car lease ...
A: The statute of limitations on a written contract is 5 years from the date of last activity such as ...
|
| North Carolina statue of limitation for credit card debt | 1/5/2008 |
Q: I have been given a civil summons from Sessoms and rogers durham nc for atlantic credit and finance ...
A: You may use the credit report to support your defense but make sure you have other documentation to ...
|
| Credit Card Collection | 1/4/2008 |
Q: Our family had a small business that the assets were sold off in 2000. Apparently there was an ...
A: He needs to dispute this debt and demand verification that he owes it. He needs to put this in ...
|
| Grandmother in trouble. | 12/31/2007 |
Q: about 2 years ago my grandmother which was 80 years old co-signed with my sister to get a car, ...
A: They do have the right to sue for the deficiency balance. If your gmother has assets they may attach ...
|
| mistaken identity (?) | 12/30/2007 |
Q: Mr Brotherton I moved to my present location Sept 29 2006. I got a new phone number and ...
A: Gather information on the collector and file the complaint with the Federal Trade Commission. They ...
|
| credit card debt | 12/29/2007 |
Q: My great-grandfather died in October from a fall. He left some credit card debt behind. To my ...
A: You are not responsible for his debt. The estate must go through probate whether there is a will or ...
|
| Collections Call | 12/28/2007 |
Q: For the Last (approx) 6 months, I have continued to receive phone calls from an LTD Financial ...
A: The next time they call get a full name and address of the company and advise them you intend on ...
|
| Old Child Support Arrearage | 12/27/2007 |
Q: I was handed a child support order in 1994 that had a lump sum of arrearage dating back to the birth ...
A: an item may be reported for 7 years from the date of last payment or other activity so they may be ...
|
| bank levy | 12/26/2007 |
Q: I recently discovered that my bank account had been frozen by a law firm handling an old credit card ...
A: I would need to know what state you live in to give any real advice. You may be able to request a ...
|
| Citibank and Judgment | 12/25/2007 |
Q: I had two credit cards with Citibank. I am married, but the cards are only in my name. I was laid ...
A: I would dispute the account under the Fair Debt Collection Practices Act.You have 30 days from the ...
|
| serious debt, trying to open bank acct | 12/21/2007 |
Q: I am being sued by some debt collectors. I don't know which one's they are since I recently was ...
A: The creditor may eventually get a judgment but you may have an opportunity to have the judgment ...
|
| subpoena for cc balance | 12/17/2007 |
Q: my wife was served a subpoena but was not home so I signed for it not knowing what it was. Turns ...
A: It depends on when the debt was incurred. Was this debt included in the BK? Did she file as well. If ...
|
| Out of Counrty Collections | 12/16/2007 |
Q: I keep getting collection calls at home and at work from a collection agency in India. They use fake ...
A: They still have to abide by our laws. Send me an e-mail at mediator@financialemergency.com and I ...
|
| my home | 12/15/2007 |
Q: I lost my job, I am not able to pay my credit cards.Can I lost my primary residet if I can not pay ...
A: Although the credit card companies can at some point file suit and obtain judgment against you for ...
|
| Addendum to Default Judgment | 12/14/2007 |
Q: Can a Final Default Judgment be amended to reflect a different amount without a court hearing? A ...
A: I doubt if it could be dismissed for the reason given. If it went uncontested they obtained their ...
|
| home title lien from co-signer | 12/12/2007 |
Q: I recently found out when i was trying to refinance my house that there's a lien on my title. After ...
A: I am afraid they probably can. If he has an interest in the home it is his asset and if the creditor ...
|
| Payday Loan | 12/8/2007 |
Q: I took a payday loan and could not paid for it back because I got ill and loss my income for a ...
A: No they cannot get into your other account. In fact, they cannot access information about other ...
|
| payday loan default | 12/7/2007 |
Q: I currently have 7 payday loans that I have been just paying on for the last 5 months. I have paid ...
A: First, you cannot be criminally prosecuted for the checks being returned unless they can prove you ...
|
| Unifund CCR Partners Judgement | 12/6/2007 |
Q: I am between a rock and a hard place in North Carolina. In March of 2006 I received notification ...
A: I am afraid this could be more complicated than you may be able to handle yourself. You really do ...
|
| IRS LEIN ON A FORECLOSURE | 12/5/2007 |
Q: My situation is complicated......hope you c an help me? Two years ago I moved to Arkansas with a ...
A: Although you are not liable for his tax debt the fact that you have a joint asset may affect you. ...
|
| credit card company | 12/4/2007 |
Q: I was just wondering if there is a law or anything on how many times a day, or specific days of the ...
A: Not specifically how many times only that they cannot call repeatedly as an annoyance. The Fair Debt ...
|
| call today | 12/3/2007 |
Q: I just received a call saying I owed $1300 on a payday loan from ASAP. I never took out a loan from ...
A: First, send a certified letter demanding verification of the debt under the Fair Debt Collection ...
|
| Collection agency fees | 12/2/2007 |
Q: Our account for a medical bill for $650 was sent to a collection agency by the hospital for being 1 ...
A: This is true, they cannot arbitrarily add fees. You may dispute the debt (or the amount) in writing ...
|
| living overseas and constable calls the US! | 12/1/2007 |
Q: I emigrated from the US to the UK in 2001. I now hold dual UK and US citizenship. I had a credit ...
A: Who is supposed to be paying the mortgage? Are they able to afford the home? If so, it is possible ...
|
| My Exwifes student loan | 11/30/2007 |
Q: In 1988 my now exwife and I received student loans to attend 2 different schools. She went to Tyler ...
A: I am afraid they may be able to attach your wages, an that without prior notice. Government ...
|
| Amcol collection agency | 11/29/2007 |
Q: My son was in a auto accident in June of 06. The hospital turned the bill over to a collection ...
A: First, they cannot arbitrarily tack on fees. That said you may offer them any amount. I would offer ...
|
| pay off repo car loan | 11/28/2007 |
Q: I got my car repo'd about 4 yrs.ago. Know I just got served to go to court to pay this loan off. ...
A: Most creditors when trying to collect a bad debt will consider a lump sum settlement for less than ...
|
| Collection company | 11/27/2007 |
Q: I live in NC and had an account with citi financial that I chose to pay through CCCS. After six ...
A: The so called law firm is just a collection agency. Look up the name of the law firm and send a ...
|
| default judgement against a person on disabilty social sercurity | 11/26/2007 |
Q: my son was summons to appear in court with records of property and things that he owns to satisfy a ...
A: It depends on your state and whether there are any state exemptions. Some states have exemptions on ...
|
| MCI debt collection | 11/24/2007 |
Q: My mother recently passed away. There is an outstanding MCI debt of $234.00 The account is in her ...
A: No it not true. You do not owe the debt. Send them a certified letter advising them to cease all ...
|
| Non-repayment of a loan. | 11/23/2007 |
Q: A college student had got a loan form a local bank to pay his educational expenses. After he had ...
A: You may need to consult an attorney but it is not fraud if it was not intentional. The bank should ...
|
| Judgement | 11/22/2007 |
Q: Background: Wanted to trade vehicle for more room. Expecting 2nd baby. Negative equity attached ...
A: I believe you were ill advised by the salesman. A voluntary repo is as bad as an involuntary repo. ...
|
| IRS Personal Income Levy | 11/20/2007 |
Q: My employer just got a wage garnishment/levy notice from the IRS for me today. He's basically ...
A: It is very difficult to avoid IRS levies. Normally by incorporating or LLC you can avoid attachments ...
|
| Business Closed...now Collections Lawyer! | 11/19/2007 |
Q: I closed a business in June of 2005. I did have a cc with a small amount on it. After closing the ...
A: they still have to validate the debt. Send a demand letter by certified mail first. If they do not ...
|
| foreclosed house | 11/18/2007 |
Q: I had a house that I filed bankruptcy 7 and did a reaffirmation of debt, then filed a chapter 13 to ...
A: My question is did you reaffirm on the second mortgage? If so you may be stuck with the bill. You ...
|
| refusing payment without check or credit card | 11/15/2007 |
Q: My ex husband let the health insurance on our daughter lapse. She had work done at the ...
A: Make your payment proposal in writing by certified mail. Send a payment with the proposal. They are ...
|
| payday loans | 11/14/2007 |
Q: my wife and I are separated and we both have payday loans out out the same place. neither one of use ...
A: No they cannot combine the accounts. You may want to find out whether they are members of CFSA ...
|
| Citicard debt at about $9000 | 11/13/2007 |
Q: My original credit card debt of $5000 has turned into $9000 over the course of several years. I'm ...
A: They still have to validate the debt. Submit a certified letter demanding they follow the Fair Debt ...
|
| Summons served | 11/12/2007 |
Q: My wife was served a summons Nov. 9, 2007 on a medical debt of $447 occurring on Oct. 28, 2001. The ...
A: This type of debt is a written contract and the SOL begins the date the charges were incurred. You ...
|
| Florida Foreclosures | 11/11/2007 |
Q: Like many, I am upside down on a condo I own in Floria. A year ago I was transferred overseas to ...
A: You may ask the lender to take a "Deed in lieu of Foreclosure". This may release you from the ...
|
| credit card statute of limitations | 11/10/2007 |
Q: I have several judgments from credit card companies against me from 2002 in Georgia. Since that time ...
A: The statute of limitations on credit cards in Georgia is 4 years from the date of last activity such ...
|
| payday loans | 11/9/2007 |
Q: my wife and I are separated and we both have payday loans out out the same place. neither one of use ...
A: Usually a creditor may not sue someone who is not signed on an account however this depends on your ...
|
| credit | 11/8/2007 |
Q: are there any ways to really raise my credit score quickly? i know the obvious: pay on time, ...
A: Go to www.myfico.com. You may find some helpful hints that may help; however, there are no real ...
|
| Do I have a right to speak to a law firms attorney? | 11/6/2007 |
Q: I'm being contacted by a debt collection law firm. I've talked with their employees and tried to ...
A: I do not believe you have the right to speak to the attorney. You probably don't want to anyway. He ...
|
| Guaranteeing a Loan, Breach of contract | 11/4/2007 |
Q: My boyfriend made a HUGE mistake and we want to know what his legal options are for fixing the ...
A: I am afraid he owes the debt and the only option I can see is for him to sue the "offenders" for the ...
|
| Ex-spouse's Student Loan Debt - Do I have to pay? | 11/3/2007 |
Q: I have been receiving multiple calls (including at work, and attempts to reach me through friends, ...
A: YOU do not owe the debt. Send them a certified letter, return receipt requested advising them you do ...
|
| returned check | 11/1/2007 |
Q: My daughter borrowed money money tree. She has had an account with them for 4 yrs. In the last few ...
A: First, federal law says they cannot breech the peace which means they cannot trespass on your ...
|
| Law firm trying to collect on deliquent credit card | 10/30/2007 |
Q: i received a call from a law firm about a credit card i stopped paying on. according to the person ...
A: The statute did not reset but you need to demand verification of the debt immediately to avoid ...
|
| Past debt | 10/29/2007 |
Q: I had acct w/ providian lst pymt was march 2001. I have not made a pymnt since then. I have ...
A: You may want to pull your credit report and see what the date of last activity is. This date is ...
|
| credit card debt | 10/28/2007 |
Q: My parents had a credit card they got in 1972. It started out as a Sears charge card and several ...
A: Your mother does not owe this debt. Tell her to stop worrying. She can send them a cease and desist ...
|
| Warrant in debt | 10/27/2007 |
Q: I some dental issues a year ago . I went on a emergancy visit to a dentist who did a root canal . ...
A: I would make an appearance in court and state your case just like you did here. Take any evidence ...
|
| legal term | 10/26/2007 |
Q: Does A "Final Judgement execution withheld" mean that there is not a judgement against me? I came to ...
A: I sounds like what is referred to as an "Agreed Judgment". IN many cases the attorney or creditor ...
|
| Unfair Medical Bill | 10/25/2007 |
Q: My brother was in a pool training how to surf in college. He suddenly felt ill in the pool, took in ...
A: I am afraid they can charge him for the ambulance ride and the hospital visit. You may attempt to ...
|
| 3rd party collections agency - what's the best way to proceed? | 10/23/2007 |
Q: We have a debt of about $1750 that was bought by a 3rd party agency, who has hired another party to ...
A: As you stated you have no attachable assets so they cannot do a great deal other than get a judgment ...
|
| forelosure vs. short sale | 10/22/2007 |
Q: Will foreclosing a home hurts more than a short sale. Will the lender with the same 1st & 2nd goes ...
A: Yes a foreclosure is worse than a short sale. The lender could come after you for a deficiency but ...
|
| Debt Collection Practices | 10/20/2007 |
Q: In July, 2007, I received a call from Pinnacle Financial Group about a debt with Shop NBC for ...
A: I'm afraid that if you didn't get it in writing you don't have a deal. You have to prove they agreed ...
|
| Creditor was given bankruptcy info and still pulled money out of my acct; | 10/19/2007 |
Q: I received a call about 1 month ago from a collection attorney's office (Frederick Hanna
A: Your question was incomplete but from the subject line I can tell you that you should be able to get ...
|
| Another Repossession Question | 10/17/2007 |
Q: I bought a car in 10/01 and financed it through Credit Acceptance Corp. I purchased the car in Ohio, ...
A: I am afraid you are stuck with Ohio Statute of limitations which is 15 years across the board on all ...
|
| Foreclosure on second home | 10/16/2007 |
Q: My second home has been left vacant for at least one year. It is in another state and is most ...
A: I understand your dilemma. Priority of course is to your primary residence and covering your basic ...
|
| collections/creditors rights | 10/15/2007 |
Q: what is the statue stating that if a creditor has not contacted a debtor in 7 years in any way that ...
A: It isn't quite that simple. The statute of limitations is different depending on your state, the ...
|
| LOSS MITIGATION | 10/12/2007 |
Q: I am seriouly interested in working with a loss mitigation company as a consultant. Is there a ...
A: Loss mitigation is a great field and very satisfying. It is important to work with someone who ...
|
| My fiance is being sued | 10/11/2007 |
Q: My fiance is being sued by state employees credit union for a loan of 3000 plus court cost for like ...
A: First, don't panic. You have rights. No one is going to do anything without giving you time to deal ...
|
| Judgements | 10/10/2007 |
Q: Before I was married, I racked up a ton of debt. I got married in July 2007, and the creditors are ...
A: I would need to know what state you are in to be specific. In most cases once a creditor gets a ...
|
| Foreclosure Summons | 10/9/2007 |
Q: Recently my wife and I have been served with a summons of foreclosure, however we have also gotten ...
A: Yes, by all means you need to respond to the summons but first I would ask the courts for an ...
|
| Store Credit Card Collection | 10/8/2007 |
Q: I received a summons to appear for pre-trial conference on a credit card debt. I went to court and ...
A: Credit cards are generally considered open accounts. Quote from IhateDebt.com The Federal Truth in ...
|
| Paying a credit card that you did not open | 10/5/2007 |
Q: I have recently had my information stolen. Everything from address and name to phone number and ...
A: If you can prove this was not you I would fight it. If it is a valid debt try to negotiate a ...
|
| house is in forcloser | 10/4/2007 |
Q: i bought a house my husband is on the title or deed whatever you call it but hes not on the loan can ...
A: No. My question to you is do you wish to keep the property. You do not have to lose your home if you ...
|
| garnishment of wages | 9/24/2007 |
Q: My husband and I have been working with a debt settlement company for the last two years. We almost ...
A: This depends on what state you live in. In some states you may be able to set up a trusteeship with ...
|
| pay day loans | 9/21/2007 |
Q: my mom owes approx. 2500 from 6 different pay day loans in the state of wisconsin.She went to a ...
A: In most cases you cannot go to jail for bouncing a check on a payday loan. This is because it is a ...
|
| need info | 9/20/2007 |
Q: If we let out van get repoed can or will they sue me?
A: They could. Whether voluntary or involuntary they can sell the vehicle at auction for pretty much ...
|
| Chase Bank garnishing my wages for a debt I do not owe | 9/18/2007 |
Q: Mr Brotherton, thanks for your time. I'll get straight to it. My employer called me today and told ...
A: You have a right to a hearing if you request it before the courts send the money to the attorney, ...
|
| car has bin repersesed but wasnt theres | 9/17/2007 |
Q: i belive the car has bin reperssed bye a finace company ive tryed to get in touch with the other ...
A: Check your local small claims courts to find out the procedure for filing suit. There is usually a ...
|
| car has bin repersesed but wasnt theres | 9/16/2007 |
Q: i belive the car has bin reperssed bye a finace company ive tryed to get in touch with the other ...
A: Unless you have a recorded lien or the original title your buyer can do what they want with the ...
|
| paying monthly payments and now turned over to collections | 9/15/2007 |
Q: In June I was not able to afford my apartment anymore. I set up a payment plan with the apartment ...
A: My first question is Did you get the agreement in writing? If so you can file a complaint with the ...
|
| credit card dispute | 9/14/2007 |
Q: GE has provided a promotion of not charging interest when paid off the principal in one year. I paid ...
A: First, read your contract or application for terms and conditions. If their penalties were disclosed ...
|
| CACH,LLC | 9/13/2007 |
Q: I recieved a letter today with a letter head and as well the return adress on the envelope stating ...
A: If the letter is truly from a law firm they may be legitimately attempting to collect a debt. If ...
|
| Midland Credit | 9/12/2007 |
Q: I received a summons from midland credit for an aspire credit card, I went to court and the matter ...
A: Send them a copy of the dismissal and a cease and desist letter by certified mail. Advise them that ...
|
| Going back to court for credit card collection suit | 9/11/2007 |
Q: I've looked around first to try and answer whatever I could before I placed this question. Long ...
A: I would need to know what state you are in to verify certain information before I can give any real ...
|
| Summary Judgement | 9/8/2007 |
Q: I was sued in Jan of last year in GA. I answered the suit and heard nothing for a year. Because I ...
A: There seems to be some debate over whether credit cards are written agreements or open accounts ...
|
| garnishment | 8/20/2007 |
Q: I just found out that I am being garnished for a bad credit card debt. I live in michigan and it is ...
A: No, you cannot be garnisheed by two creditors at once although they can stand in line. Once one is ...
|
| Foreclosure | 8/19/2007 |
Q: I have a home in Surprise AZ. I have a 1st Mortgage and a Home Equity line of Credit. If My home ...
A: Yes, they probably could attempt to collect a deficiency balance although it is somewhat rare for ...
|
| Relocated from Alaska to Louisiana | 8/17/2007 |
Q: While living in Fairbanks, Alaska I was utilizing Cellular One for wireless Cell service. I have ...
A: I am afraid they can do this. Read your contract to make sure. If it isn't in the contract it is ...
|
| Collector Calling My Work Number | 8/16/2007 |
Q: I lost my job just a few days before christmas 2005. I knew I wouldn't be able to make the payments ...
A: You may send a "cease and desist" letter demanding they cease all phone contact, period. This is ...
|
| HAYT HAYT & LANDAU | 8/15/2007 |
Q: TODAY I RECEIVED A CALL FROM SOMEONE STATING HE WAS FROM THE ABOVE OFFICE AND THEY WERE GOING TO SUE ...
A: If you receive notice of a debt you should dispute the validity of that debt under the Fair Debt ...
|
| summons/notice to appear for pretrial conference | 8/14/2007 |
Q: I live in Florida, and I was served on 8/8/07 a Summons/Notice to Appear for pretrial conference due ...
A: In most states if you fail to appear and defend yourself the creditor may obtain a judgment, however ...
|
| Wage Garnishments | 8/13/2007 |
Q: I was contaced by a collection agency about a debt. They are threating to take 35%of my wages for ...
A: First, they must file a suit and obtain a judgment before they can attach wages. You may fight the ...
|
| signed for daughter a home and is now giong into forclosure | 8/11/2007 |
Q: I signed on the dotted line 2 years ago for my daughters home that is in the preforclosure. I can't ...
A: If they are on the deed or the note they have right to be there and it would be e difficult to evict ...
|
| DEBITORS RIGHTS | 8/10/2007 |
Q: I am in the process of paying off a debit with an attorney. I have an active case. I called the ...
A: This is not unusual but if you send your request by certified mail return receipt requested they ...
|
| How do I place a judgement on someone? | 8/8/2007 |
Q: Can someone please give me some advice? I just got into the rental business about a year ago and I ...
A: In most cases you may still get a judgment but you still need to locate him to collect your money. ...
|
| How do I place a judgement on someone? | 8/6/2007 |
Q: Can someone please give me some advice? I just got into the rental business about a year ago and I ...
A: IN most states you can file an eviction or forcible detainer suit and get a judgment in the process. ...
|
| Collections as a minor | 8/5/2007 |
Q: I am in CA, and this is kind of a long story. Before I reached the age of 18 I went to a health ...
A: If you were under aged at the time the debt was incurred you are not responsible. Write the creditor ...
|
| Open Credit Vs. Written Agreement | 8/4/2007 |
Q: I am a resident of WA State, have never moved or applied for credit in another state and am facing a ...
A: Although each state is free to define these types issues they usually follow precedence from other ...
|
| debt collection | 8/1/2007 |
Q: i live in Texas and currently $15,000 in debt. i worked in spa as a nail tech and the owner shut ...
A: First, you cannot pay what you don't have. Second, don't let these people intimidate you. You have ...
|
| summons for a credit card debt | 7/31/2007 |
Q: I received a summons for a credit card that i have not made payments on in about 4 years, i need to ...
A: The Statute of Limitations in NV is 4 years on credit cards. The key word in your letter is "almost" ...
|
| credit card debt | 7/30/2007 |
Q: I am on SSI disability and own a seasonal trailer which I paid $20,000 for a couple of years ago. I ...
A: Don't be afraid of them. There are limits to what they can do. I will need to know what state you ...
|
| Just received court papers on a 14 year old debt | 7/25/2007 |
Q: I hope that you can help me. I just received court papers for a judgment on a 14 year old debt. In ...
A: Statute of Limitations in Ohio is 15 years. If they get a judgment they can extend that period ...
|
| Shouldn't a hospital negotiate a bill for an underinsured before sending it to collection? | 7/24/2007 |
Q: My son who was over the age of 18 at the time of an emergency visit to a local county hospital ...
A: There are resources available through the hospital but it may be too late to qualify. All public ...
|
| Deficiency Judgments in Colorado | 7/24/2007 |
Q: Can a junior lein holder in Colorado file a deficiency judgments if the borrow goes to foreclosure ...
A: The short answer is yes they can. However, I will have to check specifically for your state. The ...
|
| repossesion-collection | 7/24/2007 |
Q: i bought a new truck. after 2 months, lost my earning potential and or wages. the truck was repo'ed. ...
A: Hey Garry, I am afraid they have you by the you know whats in this situation. In most cases when a ...
|
| Negotiating a payment after a settlement | 7/24/2007 |
Q: I live in Indiana and I had a credit card that I owed $1,300. I missed the court time and was told ...
A: I would say probably not unless you can offer them a lump sum settlement. If you have funds ...
|
| Debt of Deceased Mother | 7/24/2007 |
Q: We live in Kentucky. My mother died unexpectedly in March of this year. She was 59 years young. I ...
A: It sounds like they made this declaration to free up money in your mothers estate that helped him ...
|
| Debt after father's death | 7/23/2007 |
Q: My father died in April. I notified his 2 credit card companies, Citibank and Fina. Both said in ...
A: Although you have no obligation for the debt they may file a claim on your father's estate. You ...
|
| Creditors Interchange | 7/23/2007 |
Q: I actually have two questions. The first is, Creditors Interchange has my cell phone number and ...
A: The SOL is 6 years for most types of debt. The only exception is if they already obtained a judgment ...
|
| lien on home | 7/23/2007 |
Q: it looks like we are going to end up in arbitration over a credit card debt. We live in Michigan and ...
A: The creditor may only place a lien once they obtain a judgment through the courts. They must follow ...
|
| Creditors Interchange | 7/23/2007 |
Q: I actually have two questions. The first is, Creditors Interchange has my cell phone number and ...
A: The seven years applies to how long the debt may be reported on your credit report, not how long it ...
|
| Collections Law | 7/20/2007 |
Q: I have been sent notification to go to court for an outstanding medical bill. I do not know much ...
A: My first instinct is that you cannot pay out what you do not have. Put your budget to paper and see ...
|
| HUD is garnishing my wages | 7/19/2007 |
Q: I work for the federal government and noticed that this last paycheck had money missing. I started ...
A: Write a letter to HUD advising them you were informed this was a settled debt. Send any documents ...
|
| Collection agency & Gymn not acknowledging contract cancellation | 7/19/2007 |
Q: It's greatly helpful fo r people like me. I had a one year Gym membership ending in February. In ...
A: Collector are lazy and make their money "dialing for dollars". Besides, they know they can drag this ...
|
| Cosigner cant afford payments | 7/19/2007 |
Q: I recently cosigned for my brother to get a car that once i signed the paper work i realized it was ...
A: My position is that it is NEVER a good idea to co-sign for ANYONE, period. You can be held ...
|
| I need help | 7/18/2007 |
Q: I received my free credit report on-line and there was an item on there that is past due. I didn't ...
A: They would have to be a member of the credit bureau to report the item. However, I wouldn't call ...
|
| Possible Judgement | 7/17/2007 |
Q: I had a medical incident in July of 2005 and had to be treated at a local hospital. I was uninsured ...
A: I am afraid their is no 1 year SOL on any type of debt in RI. My question is, Did you get anything ...
|
| Civil Summons on A Discover Card Debt | 7/17/2007 |
Q: My mother was served with a civil summons from Discover Card yesterday. The debt is in her name but ...
A: The bottom line is you cannot pay what you do not have. They cannot attach her disability and unless ...
|
| Debt of Deceased Mother | 7/17/2007 |
Q: We live in Kentucky. My mother died unexpectedly in March of this year. She was 59 years young. I ...
A: You are not responsible for your mother's debts. And if your dad was declared insolvent by the ...
|
| summons 7/13/2007 | 7/17/2007 |
Q: I received a summons from a Portfolio Recovery Assoc. This account was transferred or purchase from ...
A: It appears you are past the SOL. Last activity may be your last payment on the account or most ...
|
| Medical Bill Collections in OK | 7/16/2007 |
Q: I recently moved to Oklahoma and learned from a friend that past due medical bills are eligible for ...
A: I have researched this and do not find any statutes barring collection of a medical debt. However, ...
|
| Past due dental bill | 7/16/2007 |
Q: Recently I applied for credit to buy a car and was astounded to find out I was denied. When I ...
A: You may dispute this debt with the credit bureaus. They must verify the debt and that your signature ...
|
| Consent Agreement | 7/15/2007 |
Q: I co-signed a student loan for my niece. It is a Key Alternative Loan from Key Bank. Over the ...
A: Usually the "co-signor" is obligated until the debt is paid in full. There is no legal way of ...
|
| My accounts were frozen | 7/15/2007 |
Q: I just went to purchase something and come to find out my accounts were frozen for a credit card ...
A: It is always best to negotiate with the lender before considering BK. You may be able to settle the ...
|
| Mother's identity theft | 7/9/2007 |
Q: My mother was a victim of identity theft in 2001. A number of cards were opened in her name and ...
A: First, tell you mother to relax they cannot do anything to her. You may send certified letters to ...
|
| recent credit card chargeoff | 7/9/2007 |
Q: I had 4 new credit cards, I got behind due to being injured in an auto accident. 3 are now current ...
A: You may be able to work out a payment plan that fits your budget. First step is to put your budget ...
|
| Miscellaneous Finance Charges | 7/6/2007 |
Q: My son and I purchased a vehicle through GMAC and have a loan balance of $599 that I would like to ...
A: They can probably retain the title until you pay the entire amount due. The question is whether ...
|
| debt after death | 7/6/2007 |
Q: My father just recently passed away. He had several credit cards, a loan, and a vehicle loan that ...
A: It is not likely she is obligated but it depends on your state. If she has no assets and is on a ...
|
| repo | 7/6/2007 |
Q: "i bought a 2000 kia from a regular car dealer in floria,since i had the car l had nothing but ...
A: All you need is a clear title. The lender must sign a release or satisfaction of lien and provide ...
|
| Small Claims | 7/5/2007 |
Q: (I am also an expert here on 'all experts'). I hope you can help with this. How do I (as a U.S. ...
A: I am not an expert on international collection laws but I would bet a dollar to a doughnut that you ...
|
| illegal repo/car title loan | 7/5/2007 |
Q: My husband and I own a vehicle with both are names on the title. It says "and" not "or". I took a ...
A: I doubt the MVD would have spotted this. I do not think they could re-issue the clear title until it ...
|
| credit bureau reporting | 7/3/2007 |
Q: Let me be specific to my situation. I rented an apartment for about one year, after which I had a ...
A: Your observations are accurate. Many apartment managers rape tenants and in most case, get away with ...
|
| repo | 7/3/2007 |
Q: "i bought a 2000 kia from a regular car dealer in floria,since i had the car l had nothing but ...
A: A voluntary repo is no different from an involuntary repo. They will sell the car at auction for ...
|
| Family obligation after father's death | 7/3/2007 |
Q: My father recently passed away with no will. He had several credit cards, lines of credit, a car ...
A: In most cases the spouse cannot be held responsible for the debts of their spouse, however the ...
|
| SOL Auto loan | 7/3/2007 |
Q: This is probably the weirdest question regarding an auto loan you've ever had, but here goes. I'll ...
A: I would need to know what state you are in . That will help with the statute of limitations. If you ...
|
| collections time frame | 7/2/2007 |
Q: My dentist send me a different bill 3 months after they gave me their quotation. After all the ...
A: I believe you are confusing a collection "agency" and the credit bureau. A collection agency may be ...
|
| loan | 7/2/2007 |
Q: A friend while in jail asked me to hire him an attorney to help him get out of jail. I paid a $5000 ...
A: Check you your local courts for limits of a small claim petition. You may be able to plead your case ...
|
| Mortgage deficiency suit | 7/2/2007 |
Q: In Pennsylvania can wages be attached when involved with a mortgage deficiency law suit? If so, how ...
A: Only under very limited circumstances does Pennsylvania law permit the garnishment of wages. ...
|
| Reaging old accounts | 7/1/2007 |
Q: I HAVE WORKED SO HARD AT REPAIRING MY CREDIT BUT THERE ARE FOUR REAGED ACCOUNTS ON MY CREDIT REPORT. ...
A: Write a letter to all 3 credit bureaus and dispute each debt individually. Demand they verify the ...
|
| medical creditor threatening even though I've made pymnts as agreed | 7/1/2007 |
Q: Brotherton, I live in Nebraska I owe a debt to a physician's clinic and an emergency room the ...
A: Yes, they can still turn you over to a collection agency but you still cant pay more than you can ...
|
| Multiple Debt Collectors | 6/30/2007 |
Q: Have you run into cases where a creditor used multiple debrt collectors, for the same account/debt, ...
A: It is not uncommon for some creditors to use this "shotgun" approach to collect their money. Take ...
|
| credit bureau reporting | 6/30/2007 |
Q: Let me be specific to my situation. I rented an apartment for about one year, after which I had a ...
A: First, do they have a valid claim? Did you break the lease. This is not a simple question if you had ...
|
| illegal repo/car title loan | 6/30/2007 |
Q: My husband and I own a vehicle with both are names on the title. It says "and" not "or". I took a ...
A: They do not have the authorities at this time to repo the vehicle if they do not have a valid lien ...
|
| 9 yr old dept trying to be collected | 6/29/2007 |
Q: I just got a phone call saying I owed for a Blair credit card from back in 1998 the amount is less ...
A: I would need more info such as your state. Check the statute of limitations for your state. They are ...
|
| Relentless Calls from Non-Creditor | 6/29/2007 |
Q: I have a question about receiving phone calls at my home from a place called "National Debt Bureau". ...
A: What do they say when they call? Are they selling anything? DO they ask for anyone in particular? ...
|
| Chapter 7 | 6/29/2007 |
Q: I, too, have been victimized and left with 3 homes in Central Florida. The appraisal on of the ...
A: In some cases the lender will accept a "Deed in Lieu of Foreclosure" as "settlement in full". This ...
|
| Can I offer less on old utility bills | 6/28/2007 |
Q: I am about to buy a house, and I found a $700 water bill from 2001 and a $550 bell south bill from ...
A: ALthough the utility companies may accept a settlement of less than is due it may not remove them ...
|
| Voluntary Auto Repo | 6/27/2007 |
Q: How do I voluntary repossess my car without it effecting my credit. I have heard you can negotiate ...
A: The only possibility I see is to negotiate a "settlement in full" with the finance company and sell ...
|
| medical bill | 6/27/2007 |
Q: hell, my husband was served papers on june 24 for a medical bill from 2005. we were aware of the ...
A: It is very common for the courts to only give you a short time to respond to the summons or appear ...
|
| Date: 6/15/2007 Subject: old credit card debt that grew | 6/27/2007 |
Q: What was your answer to his question? Please post it. Thanks Expert: John Hall Date: 6/15/2007 ...
A: The item may only be reported up to 7 years. The statute of limitations in NH is 3-6 years from the ...
|
| JUDGEMENT COLLECTION | 6/26/2007 |
Q: IF THERE IS A LIEN ON YOUR PROPERTY AND THE LAWYER HAS A JUDGEMENT AGAINST YOU. CAN THEY SELL YOUR ...
A: It is not likely he can foreclose for this kind of debt. He can have his lien but it would cost him ...
|
| defaulted auto loan | 6/25/2007 |
Q: in Georgia. I picked up on a tuesday evening. The next day the brakes failed. I took it back to the ...
A: This is a bit more complicated than can be resolved in this forum. I would talk to at least two, ...
|
| Collection Agency and Medical Bill | 6/25/2007 |
Q: Brotherton, First of all, please let me say that I appreciate you and the other experts here making ...
A: Although I know of no law requiring the original creditor to service the account you may have some ...
|
| considered foreclosure | 6/24/2007 |
Q: My husband and I own a condo in Colorado. We owe about 80k on it and have about 60k in equity. ...
A: With regard to your primary residence, the lender on your sons property may be able to attach a lien ...
|
| foreclosure | 6/23/2007 |
Q: Michael, I bought a house about two years ago. The appraisers were in bed with the mortgage company ...
A: I would ask the lender to take a deed in lieu of foreclosure and relinquish you from any obligation ...
|
| Ex. Friend trying to collect money after 3 years. | 6/22/2007 |
Q: I use to be friends with this girl and I helped her with her mortgage business. I brought her a ...
A: In California it is probably 4 years. I am a bit confused though. Did she pay you a referral fee or ...
|
| foreclosure debt | 6/19/2007 |
Q: Purchased a new home on an 80/20 loan, $186,000 and $46,000 as second.The house foreclosed and sold ...
A: The collector cannot get what you don't have. However, even if the debt is charged (by the original ...
|
| Summons | 6/19/2007 |
Q: Apparently, I have received a summons for an old credit card debt. The reason I say apparently is ...
A: They will routinely publish the suit in the paper which is a public notice. This is usually ...
|
| Summons | 6/19/2007 |
Q: Apparently, I have received a summons for an old credit card debt. The reason I say apparently is ...
A: She should return mail to sender noting "not at this address". She may also send them a certified ...
|
| general inquery | 6/19/2007 |
Q: I have been making small payments on my credit card for the last few months. I have spoken with ...
A: Anytime an account is not paid according to the terms you agree to you are in default and in the ...
|
| collection | 6/18/2007 |
Q: what texas state or federal law regulates what a forth party collector must show in court to prove ...
A: I believe the collector has the burden of proof if you challenge them in court. If you provide proof ...
|
| Signed auto loan contract | 6/18/2007 |
Q: I bought a used car on the 2nd of June and signed the contract took the car home. The guy at the ...
A: You may have to give the car up and attempt to rescind the deal. Submit receipts for repairs (its a ...
|
| judgment | 6/18/2007 |
Q: I am about to have a judgment against me for $33,000 in superior court in CA for a C.C. debt from ...
A: Unless you can show cause to have the judgment set aside you may not be able to have it overturned. ...
|
| being sued for credit card debt | 6/17/2007 |
Q: my husband received a summons yesterday re: uncollected credit card debt from july 2003. we live in ...
A: I believe you and your joint assets are safe but they may be able to attach real estate or other ...
|
| Help Please | 6/17/2007 |
Q: Today I received a summons to appear in court June 20, 2007, filed by Midland Funding LLC. They ...
A: If they have filed suit you need to answer the complaint and defend yourself. If it is established ...
|
| foreclosure debt | 6/16/2007 |
Q: Purchased a new home on an 80/20 loan, $186,000 and $46,000 as second.The house foreclosed and sold ...
A: It is not clear whether the collection agency actually owns the loan or is representing the original ...
|
| Credit card judgement lien | 6/16/2007 |
Q: We live in Texas and have been married 2 years. My husband had credit card debt of $14,000, incurred ...
A: You cannot be held responsible for his debts. However, this is a complicated matter. I believe the ...
|
| Additional Card holder for Business AMEX | 6/16/2007 |
Q: I was an additional cardholder for a business American express. Recently, the owner of the company ...
A: Their agreement may be enforceable, however they can write anything into an agreement. It may not be ...
|
| Judgement | 6/15/2007 |
Q: I recently had a judgement filed against me. The credit card debt was about 5500 but the judgement ...
A: If you are not a homeowner they cant have a "sheriff sale". They are just trying to tweak you. They ...
|
| Judgement | 6/14/2007 |
Q: I recently had a judgement filed against me. The credit card debt was about 5500 but the judgement ...
A: First, make sure they actually have a judgment. Just because they file a suit doesn't mean they have ...
|
| Car in collections | 6/14/2007 |
Q: I contacted my credit agency about trying to resolve a debt for a car that is twelve months in ...
A: No, once it is paid in full it is all yours and they must release the lien. Make sure you pay by ...
|
| Forclosure/Deficiency Judgment | 6/14/2007 |
Q: We were involved in a mortgage fraud situation where we were "straw buyers" on some Florida ...
A: This is a complicated matter. You really need legal counsel. They very well could pursue deficiency ...
|
| Car in collections | 6/13/2007 |
Q: I contacted my credit agency about trying to resolve a debt for a car that is twelve months in ...
A: NEVER TRUST A DEBT COLLECTOR! Always demand something in writing to avoid misunderstandings or ...
|
| COLLECTION | 6/13/2007 |
Q: I FAXED A SETTLEMENT LETTER TO A LAWYER THAT IS TRYING TO GET AN OLD DEBT PAY, I OFFERED AND A ...
A: Send a follow up letter and demand a response within 10 days. If no response contact the original ...
|
| foreclosure question | 6/13/2007 |
Q: I am in a jam where I may have to let a rental property go into foreclosure. The property also has ...
A: If you have the ability to refinance the loan it would be something to consider. Deed in lieu of ...
|
| Foreclosure / Foriegn residence | 6/13/2007 |
Q: I now live in Germany - I am going to forfiet my deeds to 2 homes one of which has 135K$ on it but ...
A: Although it may be possible to collect an out of country debt I do not believe most lenders will go ...
|
| Foreclosure / Foriegn residence | 6/13/2007 |
Q: I now live in Germany - I am going to forfiet my deeds to 2 homes one of which has 135K$ on it but ...
A: Unless you intend on paying the debts your credit is going to be affected. If you ever intend on ...
|
| Capital One account turned over to collection agency | 6/12/2007 |
Q: I have a Capital One account with a balance of about $3,900 that has been turned over to Viking ...
A: First, you cannot pay out what you don't have. Send a cease and desist letter to the collection ...
|
| Credit Report Judgement | 6/12/2007 |
Q: Once a year, I get copies of my credit report. I noticed on two of the reports that I have a ...
A: If you can find out through he courts the nature of the debt maybe you can determine what it was ...
|
| Law Office taking collection on debt | 6/12/2007 |
Q: I live in Connecticut and the law office that the creditor turned my account over to, is also in ...
A: Each state is different and there are different procedures for municipal and county courts. You may ...
|
| collections | 6/9/2007 |
Q: I've just recently been contacted by a collection agency about some medical bills from back in 2003. ...
A: The statute of limitations in Texas is 4 years. If it has been more than 4 years you should be safe ...
|
| Credit/ Auto Refinancing | 6/8/2007 |
Q: I currently pay $462 for an 04 Sonata. At the time of my purchase my credit was poor so therefore my ...
A: No, you are better off trying to sell it and getting the bank to approve a "short sale". Be careful ...
|
| collections | 6/8/2007 |
Q: I've just recently been contacted by a collection agency about some medical bills from back in 2003. ...
A: Before I can answer your question I need to know if you signed a financial responsibility form at ...
|
| payday loan collections in Texas | 6/8/2007 |
Q: I received a phone call yesterday from a gentleman in Georgia stating that he is a private ...
A: Keep the recording. They may have violated the Fair Debt Collection Practices Act. IN most states ...
|
| Statute of Limitations in Texas | 6/7/2007 |
Q: I work in Property Management and we have a lease with a retailer, she is a current retailer and she ...
A: No, the statute of limitations does not apply here. If they are paying but never catch up you can ...
|
| car loan | 6/7/2007 |
Q: I assigned arbitrary names to make this easier to understand: Situation: There is a car loan that ...
A: I believe you may be able to sue and get the car back and possibly the $3000 if you can prove it.Ask ...
|
| Statute of Limitations in Texas | 6/6/2007 |
Q: I work in Property Management and we have a lease with a retailer, she is a current retailer and she ...
A: If this debt is beyond 4 years you cannot collect it. It would be difficult to collect your money in ...
|
| Student loan debt of spouse. | 6/6/2007 |
Q: Upon opening the mail today we find that an out of state attorney has failed suit against my wife ...
A: You may wish to consult an attorney to get any specific legal recommendations. I would file my own ...
|
| Car repo loan company lieing | 6/6/2007 |
Q: I had a car reposed in Alaska 2 yrs ago and today my mother called and played her answering machine ...
A: Send a copy of the tape to the Federal Trade Commission and your state Attorney General. You should ...
|
| Combat Injured Veteran In Debt | 6/5/2007 |
Q: I was recently forcibly retired from the military due to an injury I sustained in combat. This has ...
A: I am not familiar with the Canadian credit system and could only speculate. What I can say is if you ...
|
| Collection letter, credit report | 6/4/2007 |
Q: I recently received phone calls, and a collection letter regarding an unpaid long distance account ...
A: You might ask them to settle under the condition they remove or not report any information on your ...
|
| Student loan debt of spouse. | 6/2/2007 |
Q: Upon opening the mail today we find that an out of state attorney has failed suit against my wife ...
A: I assume you received a summons and the courts are allowing you a short period of time to respond. I ...
|
| Garnishment | 6/2/2007 |
Q: I live in Ohio. My 2003 car is in both my name and my husbands name. We are in the process of a ...
A: NO, Your disability check cannot be garnished. However, if it gets to that point you will need to ...
|
| credit card debt of an exspouse | 6/2/2007 |
Q: I have been divorced from my husband for 2 years and in December of 2006 I found out that my name ...
A: The question is were you just an authorized signer or were you on the original application and ...
|
| bill from 1998 | 6/1/2007 |
Q: I was told that i had an unpaid hosptial bill dated back to 1998. Over the past nine years, i had ...
A: No they must apply the funds where you direct them to. They did this to avoid the statute of ...
|
| unpaid timeshare maintenance fees | 5/31/2007 |
Q: My husband & I were given a timeshare in Pennsylvania. In the 4 years we have owned it, we have ...
A: It is not likely they will actually take your home or other property for this amount of debt; ...
|
| Repossed car collection from 6 years ago | 5/31/2007 |
Q: I had a car that I voluntarily repoed because it was a lemon. The dealer wouldn't work with me on ...
A: You may notify them in writing by certified mail, return receipt requested, with a "Cease and ...
|
| Forclosure | 5/30/2007 |
Q: My son purchased a home back in 1995 it was financed through Wells Fargo because he was out of work ...
A: Wells Fargo can be difficult but we have been successful in dealing with them. Keep in mind mortgage ...
|
| property liens | 5/30/2007 |
Q: I was wondering about property liens and what happens to them after chapter 7 bankruptcy is filed. ...
A: Although it may be possible to void a lien under certain circumstances, your creditor may still have ...
|
| Payday loans | 5/27/2007 |
Q: I took out two payday loans, my fees are due on 060107. Unfortunately I got in car accident on May ...
A: Unless they can prove intent to defraud you wont go to jail for the checks. Most prosecutors will ...
|
| dealing with collection agencies | 5/26/2007 |
Q: I am now dealing with two different collection agencies for medical bills. One is for $800 and the ...
A: Potentially they may be able to get a judgment and could levy your car but you may be able to avoid ...
|
| Computer/Collections | 5/25/2007 |
Q: I had a question not sure if im posting this in the right spot or not. Its about collections. My ...
A: If you surrender the computer the lender may sell it at auction or by sealed bid. In most cases they ...
|
| cell phone bill | 5/24/2007 |
Q: long story short. my cell phone 2yr agreement was over in 2002. i had my house phone cut off and ...
A: Send them a cease and desist letter advising them to cease phone contact. Put your budget to paper ...
|
| dealing with collection agencies | 5/24/2007 |
Q: I am now dealing with two different collection agencies for medical bills. One is for $800 and the ...
A: You may need someone to negotiate for you. Their response to you is common. It takes a collector to ...
|
| collections agency | 5/24/2007 |
Q: Approx 1 yr ago, QVC took money from my bank account for items I did not order and did not receive. ...
A: You may dispute the validity of this debt and they must provide you with proof. This is federal law. ...
|
| medical bill never recieved | 5/23/2007 |
Q: i was in a very severe auto collision resulting in multiple fatalities, and i was nearly killed ...
A: I'm afraid your argument, however legitimate, would not hold up in court. The good news is that ...
|
| credit card company | 5/21/2007 |
Q: I owe a credit card company from 1994. At the time I was going through a divorce and the credit card ...
A: It appears the statute of limitations in your state is 6 years from the date of last activity such ...
|
| I'm afraid I am being sued for cc debt | 5/21/2007 |
Q: I am a single parent/head of household who got herself into trouble with credit cards a few years ...
A: I am a negotiator. This is what I do at FInancial Emergency, Inc. Check out my web site at ...
|
| dealing with collection agencies | 5/20/2007 |
Q: I am now dealing with two different collection agencies for medical bills. One is for $800 and the ...
A: Yes, you can negotiate settlements on virtually any type of debt. Do not negotiate by phone until ...
|
| credit card | 5/17/2007 |
Q: what bank can do if I will stop paying for a credit card, and move out to another country, Is there ...
A: I do not know international law but I believe they can come after you if they choose. The question ...
|
| judgement server on a repossed car | 5/16/2007 |
Q: A judgement was served to collect on the remainder of what was owed to car that was repossed and I ...
A: First, they do not have a judgment yet, they have just filed the suit. Their attorney fees are ...
|
| I'm afraid I am being sued for cc debt | 5/16/2007 |
Q: I am a single parent/head of household who got herself into trouble with credit cards a few years ...
A: Mediation is usually a good thing. A mediator can help you hash this out. My question is whether ...
|
| forecloser | 5/14/2007 |
Q: I have so many credit card and medical bills that i can not pay them. my wife and i have health ...
A: Unless you have substantial equity and a large balance with a creditor it is not likely they would ...
|
| Collection for payday loans | 5/14/2007 |
Q: I received a call today from a lady Jessicca Witt from Flynn & Moore. I received a payday loan back ...
A: The next time they call tell them to send you something in writing and advise them not to call. If ...
|
| sued by Chase | 5/14/2007 |
Q: I came home the other day and found a notice on the floor in front of my apartment saying that I was ...
A: YOu may respond in writing to the courts. This is your "Answer" to the complaint. Try to defend ...
|
| Third Party Disclosure | 5/8/2007 |
Q: I just got a phone call from a collection agency/Law Office asking for my 26 year old daughter who ...
A: There are NO circumstances that allows them to divulge information to a third party If you can catch ...
|
| Illegitimate Insurance Charges forwarded to Collections Agency | 5/8/2007 |
Q: my step son wrecked my car. I had full coverage through Country Insurance. I filed a police report ...
A: By federal law you can dispute the debt in writing and they must verify you owe the debt. If they do ...
|
| Law Office taking collection on debt | 5/7/2007 |
Q: I live in Connecticut and the law office that the creditor turned my account over to, is also in ...
A: Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount to 30 x ...
|
| Law Office taking collection on debt | 5/6/2007 |
Q: I live in Connecticut and the law office that the creditor turned my account over to, is also in ...
A: Most collection attorneys will look for assets and employment to determine whether they have a ...
|
| Repossed Vechiles | 5/4/2007 |
Q: I have a 99 volkswagen cabrio that i owe an estimated amount of $8,000.00 I have missed 6 months of ...
A: First, you cannot be arrested for a civil debt unless it is proven you have defrauded a ...
|
| SBC Phone Bill | 5/3/2007 |
Q: I was contacted yesterday from a debt collector called AAC , they were calling to collect a debt ...
A: You are correct about the statute of limitation being 15 years. IF you disputed the debt they should ...
|
| Rental home in forclosure | 5/2/2007 |
Q: I have a rental property in foreclosure that is going to be sold in 2 days at auction. the property ...
A: Before this question can be answered it would be important to read their contract. If they promised ...
|
| Old UK Dept Being Enforced in the USA | 5/1/2007 |
Q: I've been living in the USA since leaving England in 2003 and was shocked this week when I received ...
A: The statute of limitations applies to the location where the debt was incurred. Even if the debt is ...
|
