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Collections Law/Questions Answered by Expert Michael Brotherton
| 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 ... | |
Collections Law
Answers by Expert:
Michael Brotherton
Top Expert on this page
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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