| Subject | Date Asked |
|
| Response to Interrogatories | 11/18/2009 |
Q: I got a summons on a debt I owe to the Bank of America for approximately $10,000 in September of ... A: You need to be able to prove when you made your last payment to the creditor,Add 30 days to that and ...
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| 3 year old debt | 11/16/2009 |
Q: when I was 19-20 years old, I opened a credit card with Chase Bank and maxed it out (I know, dumb ... A: Sorry to hear of your problems. I'm sure you really didn't need this one added on to the rest of ...
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| Sued by original creditors for credit card debt | 11/16/2009 |
Q: I live in Illinois, and I was sued by Chase, Discover, and Citibank for credit card debt. I was ... A: Filing BK is never a good idea. Too expensive and too many problems that can't be resolved by BK. ...
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| Old .. BofA account that I thought was long gone! | 11/15/2009 |
Q: .... Im worried sick about this. I had a 3000 Dollar credit card from Bofa. Six years have gone by ... A: Six years have gone by since you made your last payment to the creditor? Arizona statute of ...
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| civil lawsuit | 11/12/2009 |
Q: I have a civil lawsuit against me in the state of Florida for an old credit card debt (sold to ... A: How old is the debt? When did you make your last payment to the creditor. That has to be the first ...
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| 1099c question | 11/11/2009 |
Q: my name is brandy. i live in texas and i purchased a car in 2001 in the state of texas. i ... A: I suppose they might do that but I tend to think that is more of an idle threat than anything ...
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| Debt collections hearing and more | 11/11/2009 |
Q: I went my court hearing for my cc debt. The judge ordered the plaintiff to bring in other proof for ... A: What is next? That can depend on you and what you decide to do about it. If you decide to do nothing ...
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| old debt. | 11/10/2009 |
Q: I live in Texas. I was contacted today by a collection agency for a department store credit card. i ... A: If I were you I'd be begging them to do that so I could file a heavy lawsuit on them in federal ...
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| Debt Collection | 11/6/2009 |
Q: I am being sued for a judgement made against me in 1994 for an old car loan. I was not ever notified ... A: Yes, you do have a statute of limitations defense. Yes, you are better off defending yourself but ...
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| credit levy | 11/6/2009 |
Q: I am a life long resident of Southern, CA. In early 2004 I was hospitalized for a prolonged time ... A: Social Security laws state that penison money cannot be garnished but has no penalties for those who ...
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| Pregnant and stressed, must file discovery before the 12th of November | 11/6/2009 |
Q: Creditwrench, I really need your help! I am being sued by Levy and Ass. I live in NW Ohio. I have ... A: You can do that anytime you like or you can get on my conference call this evening. It starts at ...
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| payday loan collection | 11/6/2009 |
Q: My 72 year old mother lives in SC. She was unable to pay for extensive medication several months ago ... A: They may threaten criminal action but the truth is that it is all bluff if they do. You cannot ...
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| car repo | 11/5/2009 |
Q: My husband and i can no longer afford to make our car payment we talked about voluntery repossession ... A: A repo is a very serious thing. It will hurt your credit more than almost anything else. They can ...
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| credit card collection statute of limitations | 11/4/2009 |
Q: I live in Georgia. Today I received a summons for an old credit card account and I need advice on ... A: Statute of limitations in Georgia is 6 years. No need for you to worry about that at this point ...
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| credit levy | 11/1/2009 |
Q: I am a life long resident of Southern, CA. In early 2004 I was hospitalized for a prolonged time ... A: As much as it might surprise you to have me say so I surely do wish that had happened to me. Here is ...
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| collection balance dispute | 10/28/2009 |
Q: I had an account that was charged off. A collection agency contacted me to collect the debt they ... A: Seems there isn't much I can do to help you until they do sue you. Under federal court decisions ...
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| apartment lease | 10/28/2009 |
Q: In August of 2004 my niece, her husband and my sister moved to SC from Va. My husband and I went to ... A: Trying to unravel that mess after that length of time is going to be impossible or nearly so. In the ...
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| CC judgement/property lien? | 10/27/2009 |
Q: In Oklahoma County, OK, when an attorney representing a credit card company obtains a default ... A: It really makes little difference what they can or cannot do. All that counts is what they have ...
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| Credit Card Debt in Oklahoma/Statute of Limitations | 10/26/2009 |
Q: In July of 2008, I was served with a summons for past due credit card debt. I did not recognize the ... A: I live in Oklahoma City so I'm pretty familiar with this type of stuff in Oklahoma. The statute of ...
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| How to answer Civil Complaint | 10/23/2009 |
Q: How do I answer a Civil complaint on Hospital Bill Collection? If I say yes I owe this will they ... A: How do you answer a civil complaint? That's one of the things I do. If you say yes, a judgment will ...
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| scavenger debt collectors | 10/23/2009 |
Q: I have just been contacted by an collection company demanding payment on a telephone bill from 1999. ... A: The debt is way outside California statute of limitations. I'd just ignore it but be aware that even ...
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| Debt validation timeline | 10/22/2009 |
Q: After my divorce I had too many bills and too little money.Many of my accounts (medical and credit ... A: Have they sued you yet or not? If they haven't sued you then the only way to do it is to go after ...
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| Reaffirmed debt not owed? | 10/22/2009 |
Q: Hosto %26 Bucanen (in Arkansas)bought debt consisting of my ex-wife's car. She reaffirmed the debt ... A: You are asking a lot of questions here. I'll try to get through them all. First the possible ...
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| garnishment out of busines account | 10/22/2009 |
Q: My husband recieved a notice of garnishment and interrogatories last evening. Today we recieved ... A: Yes, I'd say they can. They can grab any assets they can find, not only bank account money but much, ...
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| Debt validation timeline | 10/21/2009 |
Q: After my divorce I had too many bills and too little money.Many of my accounts (medical and credit ... A: You want to pay debt collectors? Why? Paying them isn't going to help your credit any. That is for ...
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| Vehicle Judgment | 10/19/2009 |
Q: My question is related to a vehicle I had that was repossessed in 2001 I believe. It was sold in an ... A: You are in deep trouble. You have to go and answer their questions unless of course you want to go ...
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| Motion to Compel or Motion to Sanction | 10/19/2009 |
Q: HAYT, HAYT & Landau, P.L. and Capital One Bank filed a Judgement against me for 2300.00 11/2008. ... A: All you can do is comply with whatever they want or suffer the consequences. Of course you suffer ...
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| Decision time. What's the truth? | 10/18/2009 |
Q: I KNOW there is a right and wrong way and believe you can set me straight. I have total $32,000 ... A: No, it does not and to make matters worse the possibility exists that if your second mortgage ...
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| CIVIL SUMMONS AFTER CAR ACCIDENT | 10/18/2009 |
Q: I HAVE REVIEWED THIS SITE AND SOME OF THE MANY QUESTIONS AND RESPONSES AND I AM AWARE THAT THIS SITE ... A: I think the family member should file a response to the complaint and then file a cross complaint ...
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| Decision time. What's the truth? | 10/17/2009 |
Q: I KNOW there is a right and wrong way and believe you can set me straight. I have total $32,000 ... A: There are multiple decision paths at work here. First of all, the decision is a moral one which you ...
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| Ford motor credit has issued a judgment aganst me and had me served | 10/14/2009 |
Q: I bought a 2004 mustang from a dealership in my area and about a year after i had to leave my job to ... A: Seems to me that you have already made many grave mistakes in handling this situation. While I ...
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| Credit Card Lawsuit in Oregon Circuit Court | 10/12/2009 |
Q: Creditwrench: I received a Summons and Complaint from Johnson Riddle and Mark, attorney's ... A: How did you find out that since they bought the debt they now own it and are not required to be ...
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| Chapter 13 bankruptcy - complicated situation | 10/10/2009 |
Q: "My husband & I filed a Chapter 13 bankruptcy in California in Aug 2008. The trustee in our case ... A: Your best choice is #1. Dismiss and try to deal with the collection agencies by yourself. But the ...
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| Credit Card Lawsuit in Oregon Circuit Court | 10/9/2009 |
Q: Creditwrench: I received a Summons and Complaint from Johnson Riddle and Mark, attorney's ... A: Arbitration and small claims are two courts you want nothing to do with. Both are hard to get out of ...
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| Timeshares | 10/7/2009 |
Q: I am an English Citizen and bought a timeshare while I was in Vegas on the 20th September 09 for ... A: As usual, that man hasn't got a clue. Canadians can sue american citizens and so can those of most ...
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| Final Judgement and Florida Garnishment Law | 10/5/2009 |
Q: Sorry if this question is relatively long but I recently filed a motion to vacate a judgement that ... A: My teaching course normally costs $400 but if you are willing to provide me proof that you are in ...
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| Judgement from a bank | 10/5/2009 |
Q: First off, I am in North Carolina and in june of 2009 my husband received a check in the mail. We ... A: Just starting out in life, eh? Well that is an excellent time to learn how to deal with such ...
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| Capital One Crunch | 10/4/2009 |
Q: I opened a Capital One card several years ago only to find a card with a better rate with bonus ... A: So you have drafted your debt validation letter? I'd like to critique it because it is so easy to ...
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| Capital One Crunch | 10/3/2009 |
Q: I opened a Capital One card several years ago only to find a card with a better rate with bonus ... A: The answer is really simple. The first step is to send a debt validation letter to the new debt ...
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| judgement | 10/3/2009 |
Q: I have a credit card debt summary judgement application in the courts and they haven't ruled on it ... A: You say you sent in an answer to the interrogatories but did you file a response to the court? If ...
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| Summons out of jurisdiction | 10/1/2009 |
Q: I live in Louisiana now. My (estranged)wife is in Illinois with our children. I had credit debt ... A: You are worried about all the wrong things. First of all, you should be worried about getting that ...
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| car loan | 10/1/2009 |
Q: I co-signed for a loan for my daughter in 9/01 and by 10/04 she could no longer keep up with the ... A: Yes, you do need a cause of action to sue them for harassment. In order to sue them for harassment ...
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| car loan | 9/30/2009 |
Q: I co-signed for a loan for my daughter in 9/01 and by 10/04 she could no longer keep up with the ... A: You cosigned the note so you are totally responsible if your daughter failed to pay. Have they ...
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| balance owed on repossession | 9/29/2009 |
Q: I live in Western Colorado. Three years ago I filed chapter 7 bankruptcy and subsequently all my ... A: Yes, I can help you. Yes, you can lay claim to the $2500 if you have a receipt showing you paid the ...
|
| collection summons | 9/28/2009 |
Q: I incurred a medical bill (for my son's appendectomy)from Anesthesia Associates in November of 2008, ... A: Well, you can try to pay the original creditor but don't do it by mail or by phone. Go to their ...
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| car reposed & years later being taken to court | 9/27/2009 |
Q: About six years ago my van was reposed, now they are taking me to court and suing my for $15,000. ... A: Well, can you prove when you made your last payment on the vehicle? Statute of limitations is 6 ...
|
| Judgment on cosigned loan | 9/25/2009 |
Q: I received a letter from a SC county sheriffs office regarding a judgement filed against me and my ... A: Yes, they have a judgment and they can do just that. You need to get some protection in place and ...
|
| missed pre-trial hearing and need to file motion to set aside/vacate default | 9/23/2009 |
Q: I was issued a summons by asset acceptance for a pre-trial hearing on an old value city debt. the ... A: I can assure you that you are not going to like my answers very well. Sorry but I do have to tell ...
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| car loan | 9/19/2009 |
Q: I co-signed for a loan for my daughter in 9/01 and by 10/04 she could no longer keep up with the ... A: Count on the fact that if they take you to court they will probably get a judgment and garnish your ...
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| Mortage issue | 9/18/2009 |
Q: Getting divorced, plan to title property to ex as part of settlement. Mortaged to the hilt, ... A: They are quite aggressive in foreclosing but not in trying to sue for the deficiency balance. The ...
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| Summons | 9/17/2009 |
Q: I live in California and I have been served with a summons in the amount is $2445.61 I read that I ... A: You will have to go to the clerk of the court and gat a response form from them. You have to use ...
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| judgment and personal possessions | 9/17/2009 |
Q: I would like to know if, in the state of Pennsylvania, a person has a judgment against them for ... A: Yes, automobiles are always the personal possession of the person or corporation whose name is on ...
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| debt collection | 9/15/2009 |
Q: I was making payments on a credit card and the company closed the account in March 2005. Papers were ... A: apparently you aren't thinking about garnishment. They could garnish your wages for up to 25% in ...
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| Wrongful Garnishment | 9/14/2009 |
Q: Last pay period I noticed a shortage on my pay and found out that there was a garnishment on my ... A: You don't really have any rights here. It is not a matter of rights but a matter of whether or not ...
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| fighting a order to show cause | 9/13/2009 |
Q: Back in DEC of 08 I was sued by a creditor in small claims court which would not provide me any ... A: No, you can't overturn the judgment or re-open the case with that. What you need to do is go back to ...
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| Question regarding aggressive collection agency | 9/9/2009 |
Q: I received a call from two relatives today regarding an unidentified number calling them about ... A: Yes, they can do it legally. Too bad you didn't have a voice recorder working at the time because it ...
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| fighting a order to show cause | 9/9/2009 |
Q: Back in DEC of 08 I was sued by a creditor in small claims court which would not provide me any ... A: A show cause order? Was it mailed to you by the attorney or were you served with the show cause ...
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| Debt Collection | 9/9/2009 |
Q: I defaulted on a credit card about a year ago and it was written off and sold to a debt collector. ... A: Yes, they can put a lien on your home if they get a judgment. They cannot even threaten to take SS ...
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| writ of Execution | 9/7/2009 |
Q: I received a letter from an Attorneys office saying I was being sued for a phone bill that was not ... A: I can't possibly answer that question without seeing the document. You will have to scan it into you ...
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| Garnishment of Checking Account | 9/6/2009 |
Q: I just recieved a letter from Ford saying they were going to garnish my checking account and wanted ... A: Too bad you wasted your money on a lawyer and BK. Did you ask him whether or not BK will stop a ...
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| How to get statements from collection agency | 9/5/2009 |
Q: Will try and be brief, but its a long story. Have been working with debt relief agency for almost 4 ... A: Tia? Anna? Are you Hispanic? Both are common names in Spanish. If so then you know that Tia means ...
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| Court Summons on overdrafter account | 9/4/2009 |
Q: I opened an account in 2005 for an employee group at my former job in my name(they wouldn't let us ... A: All the explanations aren't going to do much good. I realize that we all tend to think that the ...
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| Judgement | 9/3/2009 |
Q: I receieved a judgement entry for an old credit card for roughly $5000.00. I make payments on one ... A: You want to file bankruptcy? Why? That is almost as bad as being tied to a stake and beaten half to ...
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| TILA violations? | 9/1/2009 |
Q: Refinanced home 3-22-06, our mortgage papers were sent to us to sign and we had to mail them back, ... A: I can't tell you about the difference in the rates but I can tell you that you do need to have a ...
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| Court Summons. No Attorney will take the case. | 8/29/2009 |
Q: I have a court summons from an attorney/debt collector for a citibank credit card. I have contacted ... A: While LLC corporations are very popular and do have their advantages I don't care much for them as ...
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| Being sued for old credit card debt | 8/29/2009 |
Q: If there's any way you can move quickly to answer this, it would be much appreciated as I have a ... A: I may be able to help you more than you might imagine. But first you say you are a student. What ...
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| Deputy came to serve important documents | 8/28/2009 |
Q: My wife said a sheriff's deputy came by to serve important documents and would not leave them with ... A: Now you should respond to the complaint as outlined in the links I gave you above. He will need a ...
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| Civil action for past debt | 8/28/2009 |
Q: Today I received a hearing notice for a civil action filed against me by a debt collector who has ... A: OK, your post intrigues me and causes me to think of doing something I have never done before and ...
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| Joint apartment debt | 8/28/2009 |
Q: I was on lease with my boyfriend.We had fight and i moved out but didnt checked out.He broke the ... A: It looks to me like you need some serious help that you can't get for free. Since I don't know what ...
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| collections | 8/26/2009 |
Q: a person claiming to be from a law firm called me at work about a debt that is past the SOL in North ... A: No, you have not made any mistakes by talking to the lady. If they sue you then you will need to ...
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| Arrowhead investments | 8/26/2009 |
Q: A company called VRM associates called me today stating that I had a payday loan out from 3/08 for ... A: I'd call your state attorney general and file a complaint over their telling you that they are going ...
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| Deputy came to serve important documents | 8/25/2009 |
Q: My wife said a sheriff's deputy came by to serve important documents and would not leave them with ... A: First of all, don't call the number. Secondly, go to the clerk of the court and ask to see your ...
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| Mann Bracken LLP | 8/25/2009 |
Q: I received a letter about 3 weeks ago from Mann Bracken LLP where they are asking for $10921.15 from ... A: If they sue you will be required to file a response to the court or they will get a default ...
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| Debt Collections - 3 different situations | 8/23/2009 |
Q: 1) I own a time-share in FL; I was late paying my yearly HOA fee, but they accepted my payment in ... A: 1) I own a time-share in FL; I was late paying my yearly HOA fee, but they accepted my payment in ...
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| Credit Report/OLD debt/scavanger collector | 8/21/2009 |
Q: I live in Ohio. In approx. 1998/1999 I got a computer while I was in college from IBM. I made ... A: dispute the debt with the credit bureaus as being past sol for listing and if that don't work then ...
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| Joint apartment debt | 8/21/2009 |
Q: I was on lease with my boyfriend.We had fight and i moved out but didnt checked out.He broke the ... A: You were joint on the lease making you equally responsible for the whole thing. Have you been served ...
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| Business CC | 8/21/2009 |
Q: WE own a small business. We are struggling with this economic time. One of our business CC raised ... A: Refusing to pay because you don't like the way you are being treated is a road to disaster unless ...
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| COMMERCIAL COLLECTIONS | 8/20/2009 |
Q: I want to work on my own under a DBA and work with local companies to collect their bad debt. Can I ... A: I am not a debt collector and I don't know a thing about the business end of debt collection. I'd ...
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| collection on medical service 5 years ago | 8/19/2009 |
Q: In early 2005, I saw a chiropractor in Utah approximately three times. The office was to make a ... A: Utah statute of limitations is 4 years so I would just play along with them demanding validation and ...
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| Credit card non-payment | 8/19/2009 |
Q: I have a credit card which was issued in 2002 at a limit of $12000. I had never been late, but was ... A: They would charge it off and then in about 6 months sell it to a debt collector and they will hound ...
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| Medical bill | 8/19/2009 |
Q: I have a bill from the ER when i was in an accident 4 years ago. At the time I had private insurance ... A: Yours is an excellent case of someone doing all they can to pay what they owe regardless of the ...
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| SS Checks | 8/18/2009 |
Q: Can a creditor legally put a hold on Social Security checks deposited in the bank? A: A creditor cannot legally put a hold on Social Security Checks deposited in the bank unless they ...
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| Co-signed nephew's apartment ..now in collections | 8/16/2009 |
Q: I renetly co-signed, (like a dummy!) for my nephew's apartment . He and his girlfriend broke the ... A: Normal statute of limitations would be 4 years on a written contract but you didn't have any written ...
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| Hubbo's Debt | 8/16/2009 |
Q: Wow, thank goodness for your help! Hubby has a vehicle and a piece of real property in his name ... A: What you are legally liable for would depend on what state you live in. If you live in a community ...
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| Judgment | 8/16/2009 |
Q: I am being sued for a credit card debt that is beyond the statute of limitations for my state. When ... A: I sure don't know where you got the idea they have no right to sue you because they can and they ...
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| repo car not picked up | 8/16/2009 |
Q: I have a car that was supposed to be reposessed.When I called the finance company and asked when ... A: I'm not going to tell you to do anything illegal but what would happen to the car if it sat on the ...
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| Co-signed nephew's apartment ..now in collections | 8/12/2009 |
Q: I renetly co-signed, (like a dummy!) for my nephew's apartment . He and his girlfriend broke the ... A: Your nephew didn't pay and you cosigned so yes,you are stuck and yes they can take you to court and ...
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| Defense in Motion for Summary Judgement | 8/12/2009 |
Q: I received a summons in June 2008, answered the summons with something to the effect that I am ... A: What state do you live in? When did you make your last payment to the creditor? The answer to those ...
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| lanlord/tenant issues | 8/11/2009 |
Q: I am a manager and have a staff working for me that lost her job previously and was unable to make ... A: That debt collector will probably end up taking her to court and getting a judgment against her. Of ...
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| Court Summons | 8/11/2009 |
Q: If I don't go it will be a judgement by default. I am disabled and cannot repay 7K credit card debt. ... A: If you don't go it will be a judgment by default. Failure to appear won't land you in jail unless ...
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| garnishment was filed | 8/11/2009 |
Q: My dad has horrible credit and is practically homeless. We found him housing in a transitional home ... A: He can go to the bank and explain that the only money in the account is SS money. He wll have to do ...
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| garnishment of pension | 8/8/2009 |
Q: My income consists of a retirement pension and SSdisability. I have a creditor that is wanting to ... A: Wanting to garnish your pension? What kind of pension is it? You know they can't touch the ...
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| Questionable Judgement | 8/7/2009 |
Q: Without getting into the nitty-gritty of the issue, I recently received a letter from a law firm ... A: You will need to go to the courthouse where the judgment is lodged and ask the clerk of the court to ...
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| Refiling past judgement | 8/7/2009 |
Q: In 1996, living in Florida, I voluntarily gave a vehicle back to the dealership. In 1998, a ... A: Yes they can. The statute of limitations for judgment enforcement stopped tolling when you moved to ...
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| responding to a summons | 8/5/2009 |
Q: I have been served with a summons, I know i have to file a responce. I have tried to figure out what ... A: File Bankruptcy? Why on earth would you want to do that? I teach people how to file bankruptcy the ...
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| Unsecured credit card debt | 8/4/2009 |
Q: My husband has had a judgement already filed against him for a unsecured credit card which is only ... A: You can't prevent them from having a sheriff show up at your door to take personal belongings of ...
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| being sued for cc | 8/4/2009 |
Q: I live in Mo. I've got a summons to go to court in a week for credit card debt.I'm living on social ... A: Get those accounts separated immediately. Only allow your SSI in one account and do not allow any ...
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| summons served improperly | 8/3/2009 |
Q: I received a notice in the mail from Asset Acceptance, LLC. of a default judgement for an old ... A: The first thing you need to do is go to the court house and get a copy of all the paperwork in the ...
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| being sued for cc | 8/3/2009 |
Q: I live in Mo. I've got a summons to go to court in a week for credit card debt.I'm living on social ... A: That depends on what you know about the law and how to use it to your advantage. If you are like so ...
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| credit/legal help | 8/2/2009 |
Q: Recently, I was served papers regarding debt on a credit card. I filed an answer, stating that I did ... A: The next step is just what they already told you. You get a judgment because you admitted the debt. ...
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| Unsecured credit card debt | 8/2/2009 |
Q: My husband has had a judgement already filed against him for a unsecured credit card which is only ... A: http://www.lawdog.com/states/pa/sta3.htm is a site that tells you what they can do to judgment ...
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| Unsecured credit card debt | 7/31/2009 |
Q: My husband has had a judgement already filed against him for a unsecured credit card which is only ... A: First of all, what state do you live in? Before they could proceed with a sheriff sale they must ...
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| Judgement | 7/31/2009 |
Q: a little over a year ago i made some bad business decisions and my 2 business' failed, i now have ... A: All your partner has to do is return a statement that you don't work for him and he don't owe you ...
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| Credit Card Debt & Deceased Accountholder | 7/30/2009 |
Q: My father died in April 2009. He was sole accountholder on a WAl-MART credit card, financed by GE ... A: I can see where it all seems the same to you but not to them. They can file against the estate ...
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| summons | 7/30/2009 |
Q: I received summons from capital one.I have 20 days to file a response,or if choose get attorney.I ... A: http://docs.google.com/View?id=dfbnbmv_45gpq9bkdf is a link page I have to many different articles ...
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| collections | 7/29/2009 |
Q: I had someone call me at work yesterday they said they were from a New Hampshire Supreme Court. I ... A: Don't be worried at all. You have not broken any laws but they sure did, twice in fact. You see, it ...
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| Account Verify | 7/28/2009 |
Q: I recently starting to receive phone calls from a Law Firm for a Judgment against me. I have no ... A: The only way to get the original paperwork from the judgment is from the county clerk in the county ...
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| Letter to Past-due Creditors | 7/28/2009 |
Q: I live in South Carolina. I have a LOT of debt. I have 7 credit cards for which I am months, I ... A: Your attempts to pay $25 will get you nowhere. They will just laugh at you and end up taking you to ...
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| Credit card debt | 7/28/2009 |
Q: I have an old credit card debt that has been charged off for several years. Original debt was ... A: Under FDCPA you did not reset the SOL. I don't know about Louisiana law. You would have to consult ...
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| Complaint filed in Court | 7/27/2009 |
Q: I had a credit card in 2004. In 2007 I had defaulted on my payments and was sent to a collection ... A: The answer and the remedy to your problem is short and hopefully sweet. You sent a dispute and ...
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| Medical Billing - Debt collectors | 7/27/2009 |
Q: My husband and I have a high-deductible, PPO insurance policy. 7 months ago, he had a serious fall ... A: Yes, you are obligated to pay anything the insurance companies did not pay. What happens if you ...
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| Credit Card Debt & Deceased Accountholder | 7/25/2009 |
Q: My father died in April 2009. He was sole accountholder on a WAl-MART credit card, financed by GE ... A: TSYS? Oh Boy! I would love to see another of my students give them a good whacking in federal court. ...
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| Judgement by Target Dept. Store | 7/23/2009 |
Q: My husband lost his job in November. I informed Target I won't be able to make another payment until ... A: It is obvious that you simply don't understand the legal process. Nobody but you and your husband ...
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| Bank freeze in Ohio | 7/23/2009 |
Q: We had a default judgement entered against us for a car. I was wondering how long it usually takes a ... A: How long it will take is anybody's guess. Once they freeze the account they take any and all money ...
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| Bank Levy | 7/22/2009 |
Q: I have recently had experienced my bank account being levied. This was from an old debt I had owed 5 ... A: Most of the answers to your questions are state specific. I'm not an attorney and I certainly don't ...
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| debt before i was married | 7/20/2009 |
Q: i had a repo in 2005 . this was a debt that a had before i got married. i tried to settle with the ... A: I think your lawyer friend must have misunderstood somehow. Arizona is a community property state ...
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| Statute of limitations on debt collections | 7/19/2009 |
Q: My father passed away in 1994. He was medically retired from the Air Force and he and my mother ... A: She may have reset the statute of limitations under Oregon law by making those payments. I'm not an ...
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| credit card suit | 7/18/2009 |
Q: my question is this- i was sued by a company saying i owed quite a bit of money, the account was ... A: I've got to know much more before I can answer your questions. I need to know what state you live ...
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| Old debt statute of limitations | 7/18/2009 |
Q: I live in Arizona right now. An old capital one credit card assigned to a collection agency called ... A: They can do all kinds of things to you in an effort to force you to pay up. They can harass you to ...
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| Baker & Miller Summons on behalf of Discover Card | 7/17/2009 |
Q: We were served with an Arbitration Case Summons from Baker & Miller, PC. On behalf of Discover Card. ... A: You can find out how to answer the summons here. http://docs.google.com/View?id=dfbnbmv_3963kdwsdz ...
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| Love, Beal & Nixon | 7/16/2009 |
Q: I got a letter from this firm yesterday, dated July 10th. In the letter they inform me that they won ... A: Go to the clerk of the court and ask to see the file on that judgment. Get copies of all the ...
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| CBCS from a PO Box in Columbus Ohio | 7/15/2009 |
Q: They claim to be CBCS from a PO Box in Columbus Ohio, and their supposed client they claim to be ... A: You have asked so many questions that I have had to put them on a Google document sheet. If I had ...
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| judgement to freeze business account | 7/14/2009 |
Q: My sister's husband owns a business (an S corp.) in Florida. He was sued by a creditor that was a ... A: The judgment is good for 20 years in Florida. Yes, they can freeze more than one account if they can ...
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| court summons | 7/14/2009 |
Q: I owe my bank appox. 10,000 dollars on a truck that was repossessed after I was injured and left my ... A: Well, the first thing you need to do is call the clerk of the court in Utah and ask them whether you ...
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| freeze | 7/13/2009 |
Q: can a debt collector freeze my checking acct in ga if he gets judgment,,only receive ... A: Can a debt collector freeze your checking account if they get a judgment? Yes, they can but they ...
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| civil action hearing for unpaid credit card debt | 7/12/2009 |
Q: I have been served a civil hearing notice in PA for an unpaid credit card debt? I have to notify if ... A: If you are unable to pay it then you would be well advised to learn how to defeat their case so you ...
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| Consumer law in TX | 7/12/2009 |
Q: I've just lost a fight with Citibank based on proof and fiat money. I planned to file a appeal to ... A: You can transfer the title to someone else but if you do then you are still going to have big ...
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| court summons | 7/11/2009 |
Q: I owe my bank appox. 10,000 dollars on a truck that was repossessed after I was injured and left my ... A: I'd say you need to file a motion to dismiss with the Utah court for lack of geographical ...
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| Filing answer to lawsuit with SOL defense | 7/11/2009 |
Q: I have received a complaint and summons that was filed with the court in May by Asset Acceptance LLC ... A: So you are going to claim that the plaintiff has no standing to sue? What will you do when the judge ...
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| paid account question | 7/11/2009 |
Q: I recently received a settlement agreement to pay off gateway. I got the letter and we agreed upon ... A: Funny! I had a student that came to my office asking the same exact question this morning. He has 2 ...
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| levy of property | 7/10/2009 |
Q: In 1996 i was in default of a 6400.oo debt. The debt was shared with my now exwife. Thirteen years ... A: Florida law is vicious in this respect. Judgments have a life of 20 years. So what will they do to ...
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| Consumer law in TX | 7/10/2009 |
Q: I've just lost a fight with Citibank based on proof and fiat money. I planned to file a appeal to ... A: I can well understand the attempt to make them prove the debt but I simply don't understand the so ...
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| I've been served | 7/10/2009 |
Q: In May of this year, I was served by a credit card company that I defaulted on. The sum was 7000.00. ... A: Your sentence will be 7 years of bad credit but that sentence won't won't be handed down by any ...
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| debt collector obtaining my credit report without consent | 7/9/2009 |
Q: Can a debt collector obtain my credit report and send me a letter statng they see I have a recent ... A: Yes, they can but that isn't the proper pertinent question. The proper question is whether or not ...
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| debt collector obtaining my credit report without consent | 7/9/2009 |
Q: Can a debt collector obtain my credit report and send me a letter statng they see I have a recent ... A: So you need to know quickly whether they have filed a lawsuit against you or not. Do this every day. ...
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| Payday Loans - Collections Calls | 7/9/2009 |
Q: My roommate took out 5 Payday Loans last year, and he has not paid all of them back. He claims that ... A: He is doing all the wrong things. He should be glad to talk to them but he should be using my ...
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| midland credit hassles | 7/9/2009 |
Q: Some papers were seved at my house by a legal company, and the person that presented the papers ... A: The question I must ask is what do you want to do? You have some options at this point in time. Here ...
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| debt collector obtaining my credit report without consent | 7/8/2009 |
Q: Can a debt collector obtain my credit report and send me a letter statng they see I have a recent ... A: Statute of limitations in Oklahoma on doc bills is the same as it is for any other written ...
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| Will the bank charge off my credit debt or sue me? | 7/7/2009 |
Q: I lost my business a year ago because a this bank was being proactive and cut my credit limit that I ... A: Forget about charge off. That is an internal bookkeeping function and really has little to do with ...
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| garnishment | 7/7/2009 |
Q: what federal law covers the garnishment of my ssdi veterans compensation and mil and federal ... A: That is true. It isn't a question of what federal law says they can't garnish pensions because that ...
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| Medical Bills | 7/5/2009 |
Q: I hope you can help us. We live in Nebraska and are the kind of people who pay our bills. In ... A: So you are from Nebraska, eh? What town? I was born and raised in Seward County. Goehner to be ...
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| Medical billing | 7/4/2009 |
Q: I have a medical bill that has been turned over to collections. Can the charge me with finance ... A: Yes, they can and if you think that is bad just wait. The worst is yet to come. If you pay them they ...
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| How to respond to a Summons & Complaint | 7/2/2009 |
Q: I received a Summons from the Searcy District Court- Searcy district from C/O Hosto, Buchan, Prater ... A: I can't tell you how to answer it in this forum but I can teach you how to do it. But tell me ...
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| Collection debt | 7/1/2009 |
Q: I am 6 months delinquent on a credit card balance. I have been trying to get my house out of ... A: So they said you had to pay them the entire amount or they will take you to court and take your ...
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| summons | 6/30/2009 |
Q: I have been unemployed for a year, and was unable to pay the two credit card debts that I have. I ... A: How did you receive the summons? Was it served upon you by a sheriff or a process server or was it ...
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| Deceased grandmother and credit card bill | 6/30/2009 |
Q: My grandmother has been dead for over 2 years and today I noticed in the Cuyahoga County Court ... A: Best solution to this problem is to get the money however you can and pay it off. They can get a ...
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| Debt collectors & Social Security checks | 6/30/2009 |
Q: I`m in Oklahoma. I understand social security benefits are exempt from a debt collector attempting ... A: The law it refers to is a NY law and NY law has no bearing or effect on what happens or what is ...
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| sued by debt collector | 6/30/2009 |
Q: I read with interest your response to an individual being sued by Blitt and Gaines in IL several ... A: I've never seen the documents you need on line. A few of them are. Certificates of mailing are on ...
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| lawsuit | 6/30/2009 |
Q: In 2006 a person came to my mother's door to serve court papers against me. Not only have I not ... A: That's not a valid reason to complain about the fact that they didn't get good service. Your mother ...
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| sued by debt collector | 6/29/2009 |
Q: I read with interest your response to an individual being sued by Blitt and Gaines in IL several ... A: First of all I can assure you that a hearing in 15 days isn't likely to occur for many reasons. I ...
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| Debt collectors & Social Security checks | 6/29/2009 |
Q: I`m in Oklahoma. I understand social security benefits are exempt from a debt collector attempting ... A: As you probably know, I'm in Oklahoma too. OKC. Where did you come up with the idea of the Exempt ...
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| Summons | 6/25/2009 |
Q: I/we were just served a summons yesterday 6/24.Chase is the account holder.We owe them about ... A: click here to enlarge It really makes no difference what the circumstances were or are now. You ...
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| Voluntary repossesion | 6/25/2009 |
Q: My wife and I had a loan for a Buick van which we had to turn back into to the finance company. This ... A: You are in for a hard time of it to say the least. They will hound you for a while. You need to ...
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| Credit card arbitration | 6/24/2009 |
Q: My husband and I owned a business that closed in 2004 and we had a balance on a capital one business ... A: You can file against them for any violations of FDCPA that they might have committed. For instance ...
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| summons | 6/24/2009 |
Q: I left my a storage warehouse owing some back rent. I thought I had paid first and last months rent ... A: It really makes no difference what the circumstances were or are now. You have a summons and ...
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| civil summons | 6/23/2009 |
Q: my husband owned and operated a small remolding business for several years. due to the economy he ... A: Above all, keep your home mortgage up to date and don't worry about those other debts. You can work ...
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| Account charged off as bad debt | 6/23/2009 |
Q: I have copies of my credit report from Equifax and Transunion. I had a account with Sears Roebuck in ... A: You are 97 years old and thinking of filing bankruptcy? OH PLEASE GIVE ME A BREAK. No, in fact it's ...
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| Credit card arbitration | 6/23/2009 |
Q: My husband and I owned a business that closed in 2004 and we had a balance on a capital one business ... A: Ok. So now they have set an arbitration hearing set which you will lose almost no matter what you do ...
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| Discover Banking Suing | 6/22/2009 |
Q: I used to have a Discover Credit Card since 2005. Unfortunately, I lost my job in 2007 and ended up ... A: If a judge were to order you to get a job it would be the first time I ever heard of a judge doing ...
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| threatening calls regarding old debt | 6/22/2009 |
Q: Short version: Purchased a car in Georgia in 1998 or 1999, not exactly sure, of date. Had the car ... A: I believe that it is possible that they could talk a local judge into giving them a new judgment in ...
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| threatening calls regarding old debt | 6/18/2009 |
Q: Short version: Purchased a car in Georgia in 1998 or 1999, not exactly sure, of date. Had the car ... A: It can be a tough question to answer. First of all, yes, there is a statute of limitations on ...
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| Responsible for Deceased Parent's Debt? | 6/18/2009 |
Q: In the state of Florida, is a grown child responsible for pharmaceutical debts of an elderly, ... A: First of all, who is the law firm and where are they located in relation to where you live? Same ...
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| Collectors calling at 5am and SOL | 6/17/2009 |
Q: I currently live in Hawaii, and DFS(I think is the company, they leave muffled messages) is calling ... A: So they call you at 5:00 A.M.? Well, there are a couple of remedies for that. One is a simple letter ...
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| Harrasment | 6/17/2009 |
Q: I am late on a $20 payment to Macy´s credit card. By mistake I only pid $10 on the due date but ... A: You can't. Original creditors can do that to their customers and there is little or nothing that can ...
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| credit card judgement | 6/16/2009 |
Q: I'm 70 years old, residing in Fl, working part-time earning $210 weekly. I made a loan to a friend ... A: I'm sure you are the head of household so in Florida they can't garnish wages and they can't garnish ...
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| Mortgage Deficiency Summons | 6/15/2009 |
Q: I received a summons requesting a response. I bought a parcel of land in AZ for investment years ... A: You can try to negotiate or you can file bk or you can learn how to respond to the summons correctly ...
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| collection judgement | 6/13/2009 |
Q: I have a past due account with HFC which eventually went to collection law firm. I tried to ... A: Tell him where to shove his stipulated judgment. That's the only way you can settle your account? ...
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| bad advice? | 6/10/2009 |
Q: I am writing to you on my parents' behalf. They have found themselves in a very bad situation upon ... A: There are basically only two ways to address their problems. The first and most desirable way is to ...
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| Summons for Discover Card debt | 6/9/2009 |
Q: I have two Discover accounts that have been sent to two different law firms that specialize in ... A: You are asking me to make a guess and I can't do that. You say that you want to pay them but can't ...
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| Legal Time Frame | 6/9/2009 |
Q: I was given 15 days by the Plantiff to answer the interogatives. What is the legal time allowed? I ... A: I can't tell you what the legal time allowed to answer interrogatories might be because each state ...
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| repossession | 6/9/2009 |
Q: I had a car repossessed almost 5 yrs ago.. just received a phone call from a collection agency ... A: I have no way to know that since you didn't tell me what state you live in or when you made your ...
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| obtaining a lien | 6/4/2009 |
Q: I have sued a person in small claims court. I expect to win. That person lives in WY. How will the ... A: The first thing you need to understand is that a judgment is nothing more than a court order saying ...
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| advice | 6/3/2009 |
Q: I want to take a drunk driver who I was involved in a car accident with, to civil court. I would ... A: The problem you have with the renter is that you are going to have to file for a garnishment ...
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| Bank account liens | 6/2/2009 |
Q: I am in a real estate related business and have had reduced income for a couple of years. With our ... A: Liens are not effective unless you sell the property or attempt to get a loan using them for ...
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| Settlement Company Fails | 5/30/2009 |
Q: I enrolled in a settlement company almost a year ago they have not settled one account. I have wrote ... A: You must respond to the complaint or they will get a default judgment. Its all downhill from there. ...
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| What can the Credit Card Company Take | 5/28/2009 |
Q: I have a judment aginst me for money I owe on a Credit Card. What can they take? Can they take my ... A: Can they take your house? Probably not but they can put a lien against it. Can they take your cars? ...
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| Ilegal service | 5/28/2009 |
Q: If A process server served me a summons today and the court date is next Wed. On the front of the ... A: I would respond to the summons and not worry about nitpicking on such matters. Of course, it ...
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| payday loan collection | 5/26/2009 |
Q: I have received collection calls from (305) 507-8578 at my work. It has gotten to the point where I ... A: The answer is simple. Send them a work related only cease & desist letter stating that it is ...
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| Unsecured Debt on Death and Settlement | 5/26/2009 |
Q: My mother passed away earlier this year and I (her daughter) am handling the settlement of a large ... A: The first question that has to be answered is whether or not your mother left money with which to ...
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| Time barred debt | 5/24/2009 |
Q: My husband and I both lost our jobs in 2003. When we finally did find employment, his job was about ... A: It may have been dismissed but if it has been reinstated then I am quite sure that the court would ...
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| Time barred debt | 5/22/2009 |
Q: My husband and I both lost our jobs in 2003. When we finally did find employment, his job was about ... A: Statute of limitations in PA is 4 years. Looks to me that they filed out of stat. The first filing ...
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| summons for credit card debt | 5/22/2009 |
Q: I recently received a summons (California Superior Court) from a collections agency for an old ... A: What is the next step? Fill out the cover sheet and attach your response to it. Prepare a ...
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| my payment was retuned | 5/21/2009 |
Q: i owed a apartment complex $699.00 due to me moving out early. i did this because my dad got cancer ... A: Yes, but they have a legal remedy if you choose not to pay them. Their remedy is to file a lawsuit ...
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| my payment was retuned | 5/20/2009 |
Q: i owed a apartment complex $699.00 due to me moving out early. i did this because my dad got cancer ... A: I'm afraid you have some very wrong ideas. Once you sent them the check it became their check to do ...
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| car repossesion what can i do | 5/20/2009 |
Q: well, much to my dismay, my car was taken by the bank, in the course of this, they have called one ... A: To the best of my knowledge you have no rights at all. The only thing you can hope to do is to get ...
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| URGENT: Status review hearing in 3days | 5/18/2009 |
Q: Actually 2. In the state of north carolina what is the worst that could happen if I lose my court ... A: A status review hearing is nothing more than the court wanting to know if the parties are ready to ...
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| sec. dep/bill/collections | 5/17/2009 |
Q: I moved out of an apt in Jan. Move out inspection never occured (even though its part of move out ... A: It really doesn't make any difference what they claim. Whatever they claim when it gets to court is ...
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| sec. dep/bill/collections | 5/17/2009 |
Q: I moved out of an apt in Jan. Move out inspection never occured (even though its part of move out ... A: I can understand that you are upset about what they are doing to you but you simply are not ...
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| Court summons for vehicle repo | 5/15/2009 |
Q: My husband is on soc sec disability & VA disability. He turned in a motorcycle last year. We tried ... A: To use a sworn statement of denial you have to prepare a response using the sworn statement of ...
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| credit card debt | 5/15/2009 |
Q: i have amounted a great deal of cedit card debt and when my hiusband lost his job a few yeas ago we ... A: Sounds like you don't have a lot to worry about. Just keep all money that is not from pensions out ...
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| Being served a summons | 5/14/2009 |
Q: I have been in touch via email with the National Arbitration Forum over a debt I owe to Chase Bank. ... A: the woman is probably a process server. They will get you served sooner or later and one way or ...
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| Court summons for vehicle repo | 5/13/2009 |
Q: My husband is on soc sec disability & VA disability. He turned in a motorcycle last year. We tried ... A: They can't garnish pensions but they can garnish bank accounts. If the bank accounts contain no ...
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| Unable to find record of court summons | 5/13/2009 |
Q: I'd like to thank you ahead for taking the time in reading this. My concern is that I've recently ... A: Did you give the clerk of the court that case number? If not then do so and see if that helps them ...
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| Discovery Process | 5/12/2009 |
Q: Collection company/lawyer on behalf of original creditor begin collection process, I sent validation ... A: That's just way too much for me to answer here. It would end up being all jumbled together and ...
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| law suit | 5/12/2009 |
Q: I received a summons from a CA for an old credit card debt. They attorney claims to be collecting ... A: You should not be just sitting there letting things happen. You need to make things happen to them. ...
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| old car lien on title | 5/12/2009 |
Q: there is a lien on the title. It was bought back in 1998, and the last payment made was in 1999, ... A: I'd say that the best possible answer would be to let the cops have it. That would cost nothing ...
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| law firm filed citation against me for credit card debt | 5/12/2009 |
Q: I was served a citation from a law firm a few days ago for a $2500 credit card debt. I have 15 days ... A: Why do you want to settle it? Is it logical that if you do not recognize the debt and have no record ...
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| old car lien on title | 5/11/2009 |
Q: there is a lien on the title. It was bought back in 1998, and the last payment made was in 1999, ... A: I'd put in for a storage title. If a storage title application don't work then put in for a ...
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| Court summons | 5/11/2009 |
Q: I recently received a court order to appear in court on June 1st pertaining to a company called ... A: It is going to harm you financially regardless of what you do unless you can figure out how to ...
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| summary judgement | 5/10/2009 |
Q: I live in Texas and had a credit card go into default.The debt was sold and that company hired a ... A: Too bad you aren't Dick Cheney so you could get away with shooting dumb lawyers who give bad advice ...
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| credit card debt | 5/9/2009 |
Q: i have amounted a great deal of cedit card debt and when my hiusband lost his job a few yeas ago we ... A: They can sue you and they can garnish wages, seize bank accounts, possibly seize vehicles that are ...
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| Garnishment of checking | 5/9/2009 |
Q: I had a loan with a financial company, and was out of work for a year due to surgery on my back, so ... A: I have to do a bit of guessing here. I have to assume that you are using a DBA rather than a ...
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| law suit | 5/8/2009 |
Q: I received a summons from a CA for an old credit card debt. They attorney claims to be collecting ... A: You say that it is an old credit card debt so the first thing that comes to mind is a SOL defense. ...
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| Summary Judgement question | 5/7/2009 |
Q: My name is Kenny. My story is this: I own EDD, which is basically an unemployment agency some money ... A: Quit trying to guess what has happened. Go to the clerk of the court and ask to see your public ...
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| Received a summon on a credit debt | 5/7/2009 |
Q: A man delivered a summon to my house on 04/24/2009 and my mother received it for me. I was out of ... A: Obviously you have to respond to the summons and complaint. You must go to the court house and get ...
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| Pay day loan | 5/7/2009 |
Q: En Diciembre del 2005 saque 5 pay day loans, por un total de $ 4,000, por diferentes circunstancias ... A: Lo que ha pasado anteriormente ya no importa. Solamente lo que hizo el abogado ahorita es lo que ...
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| Summary Of Judgement | 5/7/2009 |
Q: In 2002, I co-signed for a vehicle by which the dealership ended up putting me as the primary ... A: A summary judgment is nothing more than a court order stating that you owe the money and to whom. It ...
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| credit card judgement | 5/6/2009 |
Q: I received a letter from a collection agency about three weeks agao,because i was not aware of these ... A: The first thing I think you need to do is call the sheriff again and ask whether or not there is an ...
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| HOA collections | 5/6/2009 |
Q: My wife owns a home that she currently rents out. The home is in a community that has an HOA. She ... A: HOAs are very difficult to deal with but once they refer their problems to an attorney they are ...
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| Reported to Collections on Medical Bill | 5/4/2009 |
Q: I received a medical bill which should have been covered under insurance. The office was classified ... A: Yes, they can turn you over to collections without notifying you. However, it appears to me that ...
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| 3rd party trying to collect debt by offering a credit card | 5/4/2009 |
Q: I had a CITI credit card like 8 years ago and due to the financial conditions at that time i was not ... A: First of all, the statute of limitations in Michigan is 6 years on a written contract, not the 4 ...
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| Collection | 5/4/2009 |
Q: Can collectors collect a debt not on my credit report? If it has been deleted along with civil ... A: That would depend on the statute of limitations in your state. You need to go to www.lawdog.com and ...
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| 3rd party trying to collect debt by offering a credit card | 5/3/2009 |
Q: I had a CITI credit card like 8 years ago and due to the financial conditions at that time i was not ... A: If you accept the credit card you start the statute of limitations all over again. Why would you ...
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| threats from an internet payday loan collection | 4/30/2009 |
Q: I took a cash advance payday loan just around Christmas. The loan was for 300 and from what I could ... A: Not a whole lot you can do if you can't pay them off. They are original creditors. And yes, they ...
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| Past due rent | 4/30/2009 |
Q: How do I collect past due rent from a tenant that has moved out? A: You will have to file a lawsuit against that tenant. Once you have a judgment against the tenant you ...
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| sent default judgement-how to respond | 4/30/2009 |
Q: this is follow up to my previous posts, I am unable to ask more follow-up without posting a new ... A: you can ask all the questions you want at http://www.creditwrench.com/questions.html which is a web ...
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| sent default judgement-how to respond | 4/29/2009 |
Q: Quick question for you.. here is the story.. recieved a letter from an atty about a debt from ... A: This just isn't a normal situation at all. Only place I can think of where that kind of thing can ...
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| Old Debt | 4/29/2009 |
Q: I got a call from a collection agency saying that they are going to file a lawsuit against me for a ... A: They aren't going to file any 1099 on an old debt. There is a time limit within which they have to ...
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| Filing a response in Ohio | 4/28/2009 |
Q: I was served with a civil complaint on 4/10 from a collection agency. I don't deny the debt, but ... A: If you do that you might as well not respond at all since the results would be the same. They get a ...
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| court date for judgement | 4/27/2009 |
Q: A mental health facility is taking me to court for an unpaid bill for when our son was admitted on a ... A: You can't afford a garnishment? Count on the fact that it is going to happen and probably very ...
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| sent default judgement-how to respond | 4/27/2009 |
Q: Quick question for you.. here is the story.. recieved a letter from an atty about a debt from ... A: They simply can't do that or at least not very easily. There has to be some paperwork somewhere. ...
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| statue of limitations on old car loan in MN | 4/27/2009 |
Q: I purchased a car back in Jan of 2002(loan thru Americredit). Due to job loss the car was taken ... A: Looks to me like the statute of limitations has run out on them. Seems to me that the MN 6 year ...
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| Credit Card Dictators | 4/26/2009 |
Q: As quick as possible: My husband and I are out of work for a year or more now, both on unemployment, ... A: What can they do if you pay nothing? Temporarily not much. Regardless of your moral obligation to ...
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| court summons for upaid credit card | 4/26/2009 |
Q: Just today I received a court summons to show up for a case that has been filed against me for an ... A: You need to go tell the judge that you live in another county and ask the court to move the case to ...
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| Collection Calls | 4/24/2009 |
Q: Every year or so I receive either a collection call or collection letter for my ex spouse. We have ... A: I really don't know a thing about credit repair but my understanding from reading various message ...
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| court summons | 4/24/2009 |
Q: I got served a court summons for my father for a credit card debt from HSBC for 4,872.08, it shows ... A: You can't answer for him and they can't get any money even if they do get a judgment. You get mixed ...
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| court date for judgement | 4/24/2009 |
Q: A mental health facility is taking me to court for an unpaid bill for when our son was admitted on a ... A: My question is two parts- first, should I call the lawyer that is representing them and try to work ...
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| I am being sued for wifes hospital bills | 4/24/2009 |
Q: I am being sued for my spouses incurred hospital bills. I understand that Oklahoma has a provision ... A: The courts are not going to agree with your claim of low income status. They can and probably will ...
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| No Response | 4/23/2009 |
Q: do i have to send a certificate of mailing to the court as well as the plaintiff? Also, do i have ... A: I'd suggest that you call them and ask them when they are going to respond to your interrogatories. ...
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| Auto repossession collections - Oklahoma | 4/23/2009 |
Q: In November of 2002, I had an automobile repossessed. If I understand correctly, the statute of ... A: You are absolutely correct, Don. The SOL is 5 years on a written contract. So what does that mean to ...
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| Towing Charges | 4/23/2009 |
Q: 1 year ago I had an accident with a rental car. I filed the claim immediately with the card I paid ... A: Are you in Japan as your sign in indicates? If so and this occurred in Japan then I can't tell you a ...
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| Wage attachment | 4/21/2009 |
Q: About a month ago i received a call at work from an attorneys office stating that they were ... A: Can i assume I need to call the attorney who sent the paperwork to my employer for the exemption ...
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| judgement | 4/20/2009 |
Q: I received notice that Capitol One has filed for a judgement against me for $1,500.00. This is one ... A: Then let the folks at Toxic Assets Recovery Inc. put a lien on the car and it makes no difference ...
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| recieved summons by debt collectors | 4/20/2009 |
Q: I recieved a summons to appear from a law firm representing a collection agency. Im in Illinois. the ... A: The summons states I can 1. file my written appearance(for $178.00) 2. file my answer to the ...
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| Charge Offs | 4/19/2009 |
Q: I lost my job in Florida, and I could not pay one of my credit cards. So the credit card Co. charged ... A: Yes, it is. Florida is 5 years and Michigan is 6. Can they sue you? Yes, regardless of statute of ...
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| Answering a Summons to Credit Card debt | 4/18/2009 |
Q: I received a summons today for a credit card debt that apparently dates back to 1995. It states that ... A: I'd use a sworn graduated denial myself. You will also want to use a demand for validation and a ...
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| collections lawsuit? | 4/17/2009 |
Q: I'll try to make it brief. About three weeks ago, I was at home, alone and around 8:15pm someone ... A: ! At first I thought it was a hoax..I mean, I'm a college student, trying to finish nursing school ...
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| can a collection agency ask you for your recent check stubs | 4/17/2009 |
Q: I have been paying on medical bills for a few years making $25 payments over the phone every two ... A: I'd about as soon sit on a firecracker and light the fuse as I had to send them my pay stubs. ...
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| Recourse Against Credit Card Interest Charges? | 4/17/2009 |
Q: Due to my husband having stage 4 throat cancer, he had to have extensive dental work done before he ... A: You have two options. Pay in full and forget it or don't pay anything and fight it tooth and nail. I ...
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| 1099 C | 4/17/2009 |
Q: A collection agency has threatened to issue a 1099 c for the credit card debt they purchased. The ... A: John, I'm not going to try to be an authority on your 1099 questions. In fact, I will state that I ...
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| old credit debt | 4/16/2009 |
Q: Please help i just got a call from a collection attorney they said that they will send me to court ... A: Statute of limitations on credit card debt is 6 years, not 4 years. There is always a written ...
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| judgement | 4/15/2009 |
Q: I received notice that Capitol One has filed for a judgement against me for $1,500.00. This is one ... A: They will probably get the judgment and then try to garnish which they cannot legally do. The ...
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| Phone threat of judgment from former Auto Lender | 4/13/2009 |
Q: I just graduated from college, and now I live back home in Denver, Colorado. While I was in college ... A: Since you have not been sued yet I'd say your first step is to get protection against garnishment in ...
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| Phone threat of judgment from former Auto Lender | 4/13/2009 |
Q: I just graduated from college, and now I live back home in Denver, Colorado. While I was in college ... A: Your problem is that you are thinking in the same old ways that most folks have been trained to ...
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| Sent to Collections 3+ years after bankruptcy | 4/10/2009 |
Q: Here's my problem: I filed Chapter 7 bankruptcy Oct. 14th 2005. I thought all was well until I got ... A: I certainly would not offer to pay anything. I'd write them a letter and tell them that you are ...
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| Jugement Claim | 4/9/2009 |
Q: I live in the state of Massachusetts in 2002 I was brought to court by a debt lawyer. Not knowing ... A: What recourse do you have? It used to be that you had none but a new remedy has come along to help ...
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| Collection practices | 4/9/2009 |
Q: Good Day: This question is in regard to a Capital One Auto Finance Collections practice, wherein ... A: It is not a violation. Nothing you can do about it other than change your phone number or get a ...
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| Serving a summons and Proof of Service | 4/9/2009 |
Q: Under California Law, what constitutes adequate service of process of a summons and complaint on an ... A: Well, there is a way around that too. The way around that law is to ask the debt collector if they ...
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| old car debt | 4/9/2009 |
Q: My ex-husband and I financed a car in 1999. When we split up in 2002, the car was repossessed. I ... A: Your low income presents a real problem in mounting a viable defense but it also indicates that you ...
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| Serving a summons and Proof of Service | 4/8/2009 |
Q: Under California Law, what constitutes adequate service of process of a summons and complaint on an ... A: Under the conditions stated here she did the right thing and probably got the right information for ...
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| Sent to Collections 3+ years after bankruptcy | 4/8/2009 |
Q: Here's my problem: I filed Chapter 7 bankruptcy Oct. 14th 2005. I thought all was well until I got ... A: If they have a judgment on that account then you are liable for that debt. If they do not have a ...
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| Summons Awaits | 4/7/2009 |
Q: I am currently unemployed and in Florida living with a friend. I have a seasonal job in Maryland ... A: So you have a summons awaiting you in Maryland. How are they going to find out you are back in ...
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| consent judgement | 4/7/2009 |
Q: "Let me 1st state that after the collection company 1st contacted me the balance was incorrect. I ... A: There is little or nothing you can do about it at this point. They have the judgment and it will ...
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| Debt Collection Procedures | 4/7/2009 |
Q: I had a backup in my sewer line and had a company come out and clean the line. There were roots ... A: Once a creditor sends the debtor to a collection agency can the creditor continue to attempt to ...
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| Debt Collection Procedures | 4/6/2009 |
Q: I had a backup in my sewer line and had a company come out and clean the line. There were roots ... A: Can I be sent to collections in less then 5 days? [yes] Can I be sent to collections without ...
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| my car loan | 4/6/2009 |
Q: I broke up with my boyfriend last year and the vehicle he is currently driving is under my name. He ... A: You will either have to make the payments for him or they will repo the car and come after you for ...
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| medical bills in collection | 4/6/2009 |
Q: I have medical bills in a collection agency. I had worked out a deal to pay X a month, but finances ... A: I've never heard of any such law. If you can't pay that much then you need to get ready to be sued. ...
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| judgment | 4/6/2009 |
Q: I have a judgment that was put on my credit report in 9/2008. Can they go into my personal bank ... A: Yes, they can go into your personal bank account and take the money but only if they have a court ...
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| Statute of Limitations | 4/5/2009 |
Q: What is the statute of limitations on a credit card debt in the state of Oklahoma and where can I ... A: Oklahoma is 5 years on a written contract. You can locate the statutes at http://www.oscn.net All ...
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| Garnishment Judgment | 4/5/2009 |
Q: Please advise the different ways a garnishment judgment can be dismissed or vacated. Please list ... A: You aren't going to get that done very easily if at all. Judges simply are not willing to reverse ...
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| Serving a summons and Proof of Service | 4/5/2009 |
Q: Under California Law, what constitutes adequate service of process of a summons and complaint on an ... A: The best answer is not to try to challenge it but rather to have your girlfriend write a short ...
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| Co-signer on an acct | 4/5/2009 |
Q: My husband co-signed a credit card for my daughter there are issues with the account such as over ... A: They are not responsible to ever notify you of anything. Do whatever it takes to bring that account ...
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| time period for collection | 4/5/2009 |
Q: My son had a hand surgery in 1997. He was hurt in another accident in 2000 with a head injury. He ... A: Yes, it can if he allows it to happen. They can even sue him for that debt and if that happens and ...
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| Collection Agency Discrepancy | 4/5/2009 |
Q: I have received repeated bills from a collection agency representing a hospital for collection of a ... A: Yes, you are liable for the disputed amount unless you have a statement from the hospital showing ...
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| judgment | 4/3/2009 |
Q: I have a court date this monday regarding a judgment towards me. The Golen 1 credit agency is ... A: They don't care what you can afford. You say you make $8.50 an hour and so lets say you work a 40 ...
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| Stipulation Letter | 4/2/2009 |
Q: I'm in a dispute with Beneficial Texas, Inc., and received a summons in November 2008 from State of ... A: I would have to check rules of civil procedure but if I were asked to sign that I don't think I'd ...
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| Added Collection Fees | 4/2/2009 |
Q: If a medical office adds a collection fee to a bill sent to a collection group, am I responsible to ... A: Yes, and all the rest of the outrageous fees they can figure out how to tack on, ad infinitium, ad ...
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| Sued by Credit Card Company for Delinquency | 4/1/2009 |
Q: I could use some advice, and would appreciate any you could give me. I live in Chicago, and today I ... A: The $178.00 fee isn't a real problem because you could file in forma pauperous. The court would ...
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| Debt Managment | 3/31/2009 |
Q: I'm in a debt management through Morgan Drexen everything has been fine almost a year but, recently ... A: Something went wrong somewhere. I don't think I got a response. I can get you ready to go to court ...
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| SUMMONS FROM CREDITOR BREACH OF CONTRACT | 3/31/2009 |
Q: PLEASE HELP ME. I PURCHASED A HOME IN 2005 AND TO MAKE A LONG STORY SHORT, THE HOUSE WAS NOT BUILT ... A: Unfortunately I'm not able to give you the help you need. There are multiple reasons for that and ...
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| digital | 3/29/2009 |
Q: why does my cricket cell phone say disabled in digital mode service A: that would refer to internet access. You might have disabled it accidentally. I have cricket too and ...
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| medical | 3/28/2009 |
Q: I live in tulsa, oklahoma and have a medical bill from when 8- 2004 when my daughter was diagnosed ... A: Are your wages being garnished now? I don't know of any special names. You might be thinking of a ...
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| Statute of limitations on old car loan | 3/28/2009 |
Q: back in Nov of 2003 we purchased a vehicle from a dealership. For a couple of years we made the ... A: OK. You live in Oklahoma. The information you already provided tells me that it cannot possibly be ...
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| Discover Card Suing for unpaid balance | 3/28/2009 |
Q: my husband received a summon by Craig R Goodman Law Offices,on behalf of DISCOVER BANK on March ... A: He has to respond to the summons and complaint within the time limit. I would recommend that you ...
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| Served civil suit, state of Ohio | 3/28/2009 |
Q: Here's the short and sweet. Served Civil suit 4 weeks requesting an answer on a credit card default ... A: I'm going to surprise you with this answer, I'm going to suggest that you do nothing and let them ...
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| Medical Debt Summons | 3/27/2009 |
Q: My husband and I are being sued for my medical bill to a hospital for my surgery ordered after an ER ... A: You need to respond to the summons. I'd suggest using a graduated denial and follow that with a ...
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| Summons | 3/27/2009 |
Q: My son, who lives in Pierce County, Washington was issued a "summons" to appear on April 8, 2009. ... A: Yes, they can do that but you ought to check with the clerk of the court to see how much they really ...
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| Statute of Limitations | 3/27/2009 |
Q: My father just received paperwork in person for a lawsuit against me for an old credit card debit. ... A: You might see if your bank has any records to prove when you made your last payment to the creditor. ...
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| Summary Judgement | 3/26/2009 |
Q: I received a petition for a law suit from American Express. I filed an answer and pro se notice of ... A: You filed a cease and desist letter? Sounds like you may have been listening to the advice of Bud ...
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| Statute of limitations on old car loan | 3/26/2009 |
Q: back in Nov of 2003 we purchased a vehicle from a dealership. For a couple of years we made the ... A: When did you make the last payment on the vehicle? Do you still have that old check they wouldn't ...
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| CIVIL SUMMONS TO COURT | 3/26/2009 |
Q: FOR THE PAST 2 YEARS I HAVE BEN WORKING WITH A CREDIT COUNSELING (DEBT SETTLEMENT)COMPANY. I HAVE ... A: Will the judge give you any consideration because you are trying to resolve your problems? Fat ...
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| Debt Managment | 3/26/2009 |
Q: I'm in a debt management through Morgan Drexen everything has been fine almost a year but, recently ... A: Never heard of them. I would need to know what their answer was. A case management hearing is simply ...
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| civil complaint served HELP! | 3/26/2009 |
Q: I was served a civil complaint on march 12th. being sued by capital one through a law office/debt ... A: You don't need a lawyer to get the job done. I can teach you how to respond effectively in a day or ...
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| collection agency fees...... | 3/25/2009 |
Q: i had a medical procedure done last august. i have insurance and paid my co-pay. i recieved a bill ... A: You wrote the check to the medical facility and sent it to them? I hope so because if that is what ...
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| Threat of arrest on car loan | 3/24/2009 |
Q: My daughter has let a car loan get past her, and I spoke with the credit union today. the woman ... A: They can't file a criminal complaint if she doesn't do anything to hide the car from them. Claiming ...
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| creditor lawsuit | 3/24/2009 |
Q: Is force majeure a defense allowed only by specific contract or could it be used as a general ... A: force majeure is certainly an interesting concept but if there is no such clause in a contract or ...
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| New payment date?? | 3/24/2009 |
Q: I have an almost 7 year old debt,originally with First Bank.In 2005,it was bought by Midland ... A: I don't know a thing about credit repair and wouldn't admit it if I did but I can tell you what ...
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| sued twice | 3/24/2009 |
Q: Can I be sued twice from the same credit collection agency? I was served in 7/2008 and I didnt ... A: I know this doesn't answer your question but I have to know the reason they are back in court again ...
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| default judgements | 3/24/2009 |
Q: a few years back I received a $500 credit card from Bank of America I lost my job and did not pay it ... A: You need to become one of my students. I teach you how to fight back but I warn you in advance that ...
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| Oklahoma cc judgement & Homestead | 3/23/2009 |
Q: Due to illness, my husband is un-employed and our only income is my SSI. We have some CC balances ... A: Not very much if anything at all. I still would not let them get a judgment without a fight however. ...
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| TEXAS LAW | 3/23/2009 |
Q: we were sued by a collection agency attorney in Sept 08. Court case was Mar 09. We showed they ... A: The court should dismiss the case of it's own accord but some do and some don't. It all depends on ...
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| Concultation | 3/23/2009 |
Q: Five years ago someone took my credit card and charged about $5.000.I was out of state for a medical ... A: Who issued you the credit card? How long ago has it been since you made your last payment to them? ...
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| affidavit not attached | 3/23/2009 |
Q: I live in Michigan and received a summons & complaint for an alleged cc debt. The attorney for the ... A: My approach is never admit anything. In a sense, an answer and a response are one and the same thing ...
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| debt validation | 3/23/2009 |
Q: What do I do if the collection agency I requsted debt validation has replied to my letter, but not ... A: Should I send a second validation letter? (Absolutely not!!) What is considered proper ...
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| affidavit not attached | 3/20/2009 |
Q: I live in Michigan and received a summons & complaint for an alleged cc debt. The attorney for the ... A: I'd go after the affidavit and all other documentation through admissions and later demand for ...
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| Complaint filed....what do I do now!!!!???? | 3/20/2009 |
Q: A member of my family is in a similar situation. Family member "B" applied for a credit card quite ... A: You have a real problem in that the family member don't speak english. They cannot take pension ...
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| Civil Suit | 3/19/2009 |
Q: I just found out today that i have been named in a civil suit. I'm also aware that it is illegal for ... A: Yes, the illegal act of the collection agency will have no effect on the outcome of the trial. You ...
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| Very Desperate: Debt Issue | 3/19/2009 |
Q: On February 16, a debt collector called me and threatened that they would take legal action if I did ... A: As you know, this is the United States of America, not Merry Old England and the year is 2009, not ...
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| FDCPA Violations | 3/19/2009 |
Q: On 5/14/08, someone emailed you regarding collection calls from First Investors Financial Services. ... A: First Investors is an original creditor therefore there is almost nothing you can do to stop their ...
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| Order for asset information after a default judgment | 3/19/2009 |
Q: We did not appear for a court date in which we were being sued for a past due credit card balance. ... A: You still misunderstand. It is not a question about the debt itself. There is no doubt that you owe ...
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| bankruptcy | 3/18/2009 |
Q: I own a business,I am deep in credit debt.approx 98.000. I also have a lean from the IRS on my bank ... A: I don't know a thing about bankruptcy except that it is something that nobody should ever want to ...
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| Old Credit Card Resurfacing | 3/18/2009 |
Q: Ten years ago, my husband and I went through a rough patch financially. Luckily, we had brought all ... A: There is no need to put such demands in the validation letter nor is it desirable to do so. First of ...
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| Order for asset information after a default judgment | 3/18/2009 |
Q: We did not appear for a court date in which we were being sued for a past due credit card balance. ... A: Then I would find a personal advisor who had at least a clue. Obviously your present personal ...
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| Order for asset information after a default judgment | 3/18/2009 |
Q: We did not appear for a court date in which we were being sued for a past due credit card balance. ... A: Would you like to get a nice vacation all paid for by the court system and the county? All you have ...
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| Collections for a Vehicle | 3/18/2009 |
Q: This Loan is with Wachovia Dealer Services. I have made a payment on my vehicle this early in March ... A: While they can't arrest you for not turning the vehicle in, they can if you do anything to hide the ...
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| Notice of Hearing | 3/18/2009 |
Q: Last year I was being bothered by LVNV Funding over a dbet that is not even mine.I sent them a ... A: Courts are form driven, not letter driven. Every lawyer and every judge knows all about forms and ...
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| Providian | 3/18/2009 |
Q: My last payment to Providian was Spring 2005. The account was closed with a balance due of less than ... A: First of all , a credit card agreement is a written contract. Secondly, yes, you need to check with ...
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| collection agency | 3/17/2009 |
Q: In 2004 I got a credit card. I was18 years old at the time and unfortunately didnt pay it. Now 5 ... A: I really don't know a thing about credit repair. In fact, although thousands if not millions of do ...
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| Credit Card Iusse | 3/17/2009 |
Q: I hope you can give my wife and I some guidance. I applied for a credit card 4 years ago and ... A: Yes, they are breaking the law. The only way to win is to file a federal lawsuit against them for ...
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| Old Credit Card Resurfacing | 3/17/2009 |
Q: Ten years ago, my husband and I went through a rough patch financially. Luckily, we had brought all ... A: So what is the statute of limitations in Pennsylvania? Have you looked it up yet? Validation letters ...
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| Repossession | 3/17/2009 |
Q: My husband's car was repossessed in 2004. He was never informed of the sale of the vehicle, ... A: Get ready to be sued. It is that simple. Statute of limitations is 6 years on secured debt in ...
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| Civil Non Jury Trial Procedures - Credit Card | 3/17/2009 |
Q: I have so many questions, but I will limit them to two issues for now. I am being sued (in FL) by ... A: I think you ought to make it as hard and expensive as possible to collect. But you also need to be ...
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| summons | 3/17/2009 |
Q: i got a summons on a discover card debt,$8900 and have 20 days to serve an answer to the complaint. ... A: Yes, you do need to respond to the summons in writing. That can be fairly easy or it can be ...
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| collection- judgement | 3/16/2009 |
Q: I closed my credit card a year ago. I had been making payments on it until all my other cards ... A: Above all, don't sign that thing and don't respond either. They want to sue you let them do it. Now ...
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| Court Summons For Debt Collection | 3/14/2009 |
Q: Recently I received a court summons to appear in court for a debt that was charged off in ... A: The evidence you need to submit to the court is proof that the debt was discharged in BK. Then you ...
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| Summons from Bank of America | 3/14/2009 |
Q: Help! I received a summons here in Oklahoma from LVNV Funding with Love, Beal & Nixon being the ... A: Where in Oklahoma do you live? Seems to me you are almost out of time to respond. Not to worry about ...
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| LPS, Court Officer's card | 3/13/2009 |
Q: I received a call from my mom that there was a card from a LSA, Court Officer at the house. I ... A: Then go to the clerk of the court and ask to see your public record. They will show it to you on a ...
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| Received Judgment of garnishes | 3/13/2009 |
Q: I received a judgment in the mail today from a law firm from a credit card i haven't paid since ... A: Maybe and maybe not. Depends on what state you live in. If so it will just barely be outside of SOL. ...
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| Judgement received | 3/12/2009 |
Q: I received a letter from my bank in November 2008 stating that National Credit Acceptance (NCA) won ... A: Your sad story is typical of those who fail to understand the truth of what I constantly tell them. ...
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| Agency collecting debt from me | 3/12/2009 |
Q: If I am paying $10.00 dollars a month on an old debt can the agency call and tell me that is no ... A: The problem is that I really don't know anything about student loans except that I got burned on one ...
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| Civil Non Jury Trial Procedures - Credit Card | 3/12/2009 |
Q: I have so many questions, but I will limit them to two issues for now. I am being sued (in FL) by ... A: Eight hours away? That has to equal 400 miles or more. They must sue you in your home county, not ...
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| Midland Funding LLC | 3/12/2009 |
Q: Up until mid January 2009 I was unaware that there was a civil lawsuit naming me as the Defendant ... A: "Per the FTC" is not going to do you any good in local court. I'd advise you just forget about that ...
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| Midland Funding LLC | 3/12/2009 |
Q: Up until mid January 2009 I was unaware that there was a civil lawsuit naming me as the Defendant ... A: Sorry. I took it from your post that you were pretty courtroom savvy too and would know about ...
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| Agency collecting debt from me | 3/12/2009 |
Q: If I am paying $10.00 dollars a month on an old debt can the agency call and tell me that is no ... A: The debt collector could care less whether you have a place to live or not. As far as they are ...
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| LPS, Court Officer's card | 3/12/2009 |
Q: I received a call from my mom that there was a card from a LSA, Court Officer at the house. I ... A: Sounds like somebody is filing a lawsuit on you. Problem is that if they want to sue you they are ...
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| Received summons, now what? | 3/12/2009 |
Q: On Feb 3rd, I received a summons by a process server and it only required that i provide a written ... A: Go to http://toxicassetsrecoveryinc.blogspot.com and you will learn how that can be done. The ...
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| Hospital Debt Collection | 3/11/2009 |
Q: My mother who is on a fixed income had surgery. The balance of what the insurance did not cover is ... A: They are not likely to accept $25 a month. A more realistic payment would be something in the ...
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| Can they raise and lower the payment as they please from the original amount agreed upon? | 3/11/2009 |
Q: I didn't see my question up on the board so I am re-writing this.Sorry if you get a repetitive ... A: Yes, they can raise or lower the payment as they choose. Needless to say they will always be more ...
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| wage garnishment | 3/11/2009 |
Q: I recently have had my wages garnished per a court order over a car wreck from a couple years ago. I ... A: You have a really tough problem. You can't do a thing without some money and you don't have any. You ...
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| I got a court summons on old debt | 3/11/2009 |
Q: We purchased a car in Feb. 2002 was unable to pay for the car and stopped paying in Dec. 2002 and ... A: They have to sue you in the state in which you live in most instances. I think I would file a ...
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| Agency collecting debt from me | 3/10/2009 |
Q: If I am paying $10.00 dollars a month on an old debt can the agency call and tell me that is no ... A: They don't care what you can or cannot afford. Money is tight these days and debt collectors are ...
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| life after ch 13 dismissal | 3/10/2009 |
Q: I am currently 24 mos into a ch 13 and am paying back 80%.Our 465 weekly payback is becoming ... A: Of course it acknowledges that the debts are yours but they all knew that before you filed your 13. ...
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| collection agency practices | 3/10/2009 |
Q: We have been turned over to collections agencies. This one collection agency left 4 messages on our ... A: Why on earth are you filing bankruptcy in the first place? I can teach you how to do everything ...
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| life after ch 13 dismissal | 3/10/2009 |
Q: I am currently 24 mos into a ch 13 and am paying back 80%.Our 465 weekly payback is becoming ... A: I'd advise you to dismiss and start learning how to fight back and keep them from getting anything ...
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| Civil Judgment | 3/10/2009 |
Q: A civil summons was left affixed to my front door, it expired on 2/06/09. I was only sent a summons ... A: It may be. All you could do is try. I'd say that you would need proof of all your statements meaning ...
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| Received summons, now what? | 3/10/2009 |
Q: On Feb 3rd, I received a summons by a process server and it only required that i provide a written ... A: You admitted the debt was valid therefore you confessed to judgment. There isn't anything you can do ...
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| Old university tuition debt question | 3/10/2009 |
Q: In January of 2002, I resigned early from a university in Louisiana for various reasons, and moved ... A: You may owe the debt but how much do they owe you for illegally re-aging the debt and ruining your ...
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| collection agency practices | 3/10/2009 |
Q: We have been turned over to collections agencies. This one collection agency left 4 messages on our ... A: The answer is that they can do anything they want so long as you are willing to let them get away ...
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| payday loan | 3/9/2009 |
Q: i received a payday loan in set and had issues with my bank account and made them aware of it, they ... A: If I were in that kind of situation my first thought would be that they must not want to get paid ...
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| Initial Communication | 3/7/2009 |
Q: What happens when the collector mails the initial communication and it is returned to them by the ... A: If you want rabbit for supper you have to go out and hunt the rabbit down. So you didn't like that ...
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| credit card lawsuit | 3/7/2009 |
Q: Trial date set. Mediation cancelled day before. Plaintiff not ready. Filed late summary judgment ... A: You have a number of issues here and it appears that you may not be addressing the issues properly. ...
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| Billing from Collection Agencies | 3/6/2009 |
Q: Are collection agencies required to send updated statements of what you owe them? (or their client) ... A: The first answer is never pay anyone other than the original creditor you owe the money to. Paying ...
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| proof of debt | 3/5/2009 |
Q: I received a summons from an attorney in Las Vegas representing First Resolution Investment Corp. ... A: Do not worry about DOE and ROE. It is up to them to figure out how to come up with that information. ...
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| CIVIL SUIT ON OLD CREDIT CARD | 3/5/2009 |
Q: I OWED 2700.00 4YRS AGO NOW THEY HAVE ATTORNEY THEY WANT 6700.00 @ $50.00 A MONTH WITH 8.75% INTREST ... A: If you have been served with a civil action you need to respond to that in writing to the court and ...
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| Bogus Cell Phone Bills & Collectors | 3/5/2009 |
Q: I had an AT&T cell phone account iin which the contract expired about 8 or 9 years ago. After my ... A: Yes, there is a way you can put an end to it but it won't be all that easy. The first thing to know ...
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| Garnishment | 3/4/2009 |
Q: I received a letter of intent to garnish wages. I am looking to see what the laws are for ... A: Your objection to garnishment will do you no good whatever. The lawyer won't care that you have some ...
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| Receiving Summons from Different County | 3/3/2009 |
Q: This afternoon my mother contacted me stating someone identifying himself as an officer from the MS ... A: The courthouse won't have any such forms. They will tell you to go see a lawyer. You can do that if ...
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| Receiving Summons from Different County | 3/2/2009 |
Q: This afternoon my mother contacted me stating someone identifying himself as an officer from the MS ... A: The first thing you should do is file a motion to dismiss for lack of geographical jurisdiction. You ...
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| Next Steps - Self Representation | 3/2/2009 |
Q: Currently in middle of a debt collection lawsuit brought against me from a major JDB company. To ... A: Follow up to Item #4. I included a SOL defense in the original answer.[You mean you simply stated ...
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| Summary Judgement | 3/1/2009 |
Q: How do we defend a request for summary judgement from a debt collector who has purchased a charged ... A: I can't tell you how to defend against a summary judgment from a debt collector in this forum. Doing ...
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| Mediation/Pre-Trial | 3/1/2009 |
Q: I live in Florida and had a revolving account that my friend used to by a computer back in 1999. We ... A: It should be out of stat which is 5 years in Florida. However you say it was not charged off until ...
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| Next Steps - Self Representation | 3/1/2009 |
Q: Currently in middle of a debt collection lawsuit brought against me from a major JDB company. To ... A: Questions: 1) Can I still file a sworn/graduated denial, [I don't know of anything that would ...
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| non payment of auto loan | 2/27/2009 |
Q: My son who lives in Georgia is unable to maintain his car loan thru Chrysler loan comapany. He ... A: Quite simple. He can have a company such as Toxic Assets Recovery put a garnishment against his ...
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| Midland Funding LLC | 2/27/2009 |
Q: I received 2 leters in the mail, both stating that a lawsuit has been filed against me by Midland ... A: Simply go to the clerk of the court and ask to see your public record by name. It is a matter of ...
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| dentist bill | 2/27/2009 |
Q: I am being summonded to appear in court for a dental bill from 1998 and I live 1500 miles away my ... A: The court that is 1500 miles from you no jurisdiction over you in most cases unless they already ...
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| Midland Funding LLC | 2/27/2009 |
Q: I received 2 leters in the mail, both stating that a lawsuit has been filed against me by Midland ... A: Don't even worry about the service or getting served. Simply file your response with the court and ...
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| 4 months in Debt with all creditors | 2/26/2009 |
Q: What steps should I take if I do not have the means to pay any of my 10 creditors ($85,000). I have ... A: You are in real trouble. Assuming that a huge portion of that debt is business related you have no ...
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| foreign judgement | 2/26/2009 |
Q: 10 years ago my husband was in a hospital in NY. about 2 years later he recieve judgement letter ... A: Do you live in Florida? If so they can't garnish the wages of the head of a household in Florida. ...
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| Creditors issues..like most! | 2/26/2009 |
Q: I have two different accounts with Capital One. My husband is in construction and with the ways ... A: I'm sorry but there is no law preventing them from doing that. They can call you anytime they want. ...
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| Getting sued by capital one | 2/26/2009 |
Q: I got home last night just as the front door was getting knocked on. A friendly man with a badge ... A: You need to respond to the summons and complaint by the date listed on the summons. I can teach you ...
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| Summons - Circuit court | 2/24/2009 |
Q: I received a summons on Feb. 7, 2009. The respond date is Feb. 28. I do not see a court date. The ... A: You can't just use standard forms unless you live in a state which demands that you use their ...
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| Default judgment obtained fraudulently 8 years ago | 2/24/2009 |
Q: Pressler and Pressler obtained a default judgment against me 8 years ago on a debt I do not owe on. ... A: OK. My mistake. It is toxicassetsrecoveryinc.blogspot.com I forgot to put in the inc. Yes, they can ...
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| Start LLC to avoid collection | 2/24/2009 |
Q: I have a fraudulent judgment against me and they want to garnish my wages, I receive a paper check ... A: You can't protect your wages from garnishment by setting up your own LLC. You can't garnish your own ...
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| how to find a lawyer | 2/24/2009 |
Q: I got served a summons of complaint. I have no clue on how to write a reply etc. In addition, how do ... A: You don't need a lawyer. Get a lawyer and you have less chance of winning than you would have as a ...
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| Lawsuit filed in California from JDB | 2/24/2009 |
Q: I recently received mail correspondence from a firm claiming to help me mediate a resolution ... A: California has what is known as a "simplified" court system so you will have to use their court ...
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| lawsuit | 2/23/2009 |
Q: on 06/01/2007 we were served a summons for a civil action. On 07/03/2007 we responded to the court ... A: Yes, They can file it again. No problem. But if they do you will have to respond properly. I'd keep ...
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| Default judgment obtained fraudulently 8 years ago | 2/23/2009 |
Q: Pressler and Pressler obtained a default judgment against me 8 years ago on a debt I do not owe on. ... A: Setting up an LLC is not doable for you. The cost is far too great and the intricacies of getting it ...
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| Default judgment obtained fraudulently 8 years ago | 2/23/2009 |
Q: Pressler and Pressler obtained a default judgment against me 8 years ago on a debt I do not owe on. ... A: I know all about Pressler & Pressler as well as most of the other scam artists who call themselves ...
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| I've been served in Texas | 2/21/2009 |
Q: I'm currently a resident of Texas but have just been served a Superior Court Civil Summons in NC ... A: Jointly and severally means that each of you can be held responsible for the entire debt. If they ...
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| Default judgment obtained fraudulently 8 years ago | 2/21/2009 |
Q: Pressler and Pressler obtained a default judgment against me 8 years ago on a debt I do not owe on. ... A: If you love to travel and waste money then yes, by all means go back to the original state and try ...
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| Frozen Bank Account | 2/20/2009 |
Q: I have been unemployed 14 of the last 24 months and we have gotten behind on many bills. We were ... A: If they won't give you the details then go to the clerk of the court and ask to see your public ...
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| Responding to a Civil Action | 2/20/2009 |
Q: I received a notice of Civil Action in the State of NC. My question is in regards to answering said ... A: If you can't afford a 25% reduction in pay then you might want to call me and I can show you how to ...
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| Default judgment obtained fraudulently 8 years ago | 2/20/2009 |
Q: Pressler and Pressler obtained a default judgment against me 8 years ago on a debt I do not owe on. ... A: You are in need of some serious help. First of all, they have a judgment and will get it ...
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| initial notice | 2/20/2009 |
Q: I am not sure what I am legally able to do about this or whom to contact for help. I had a Sears ... A: I can well understand that you don't mind paying it if they would be reasonable but of course they ...
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| Judgment without evidence | 2/20/2009 |
Q: I found out Dec. 5, 2007, through a writ of garnishment on my bank account, that I had a judgment ... A: For purposes of FDCPA the clock starts ticking when the infraction occurred or when it was first ...
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| court summons | 2/19/2009 |
Q: I hope you can help. I received a summons for a credit card debt from P. Scott Lowery Law ... A: What you have told me isn't much more than I already knew the moment you mentioned P. Scott Lowry. ...
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| Judgment without evidence | 2/19/2009 |
Q: I found out Dec. 5, 2007, through a writ of garnishment on my bank account, that I had a judgment ... A: Yes, that can be true but their violations must have happened within the last year and you must have ...
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| Responding to a Civil Action | 2/18/2009 |
Q: I received a notice of Civil Action in the State of NC. My question is in regards to answering said ... A: You haven't provided me with enough information to answer fully. First of all, why don't you want to ...
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| Credit Card Debt on Medicaid | 2/18/2009 |
Q: I am a long-term care consumer advocate and have a consumer who would like some information. She ... A: People in that situation are not concerned with their credit ratings because they are not going to ...
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| Credit Card Debt Summons in NYS | 2/17/2009 |
Q: I received a summons this morning to respond to a complaint for a credit card that was charged off ... A: It is a standard type of form that you have to create by yourself. It is a good idea to use the form ...
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| Credit Card Debt Summons in NYS | 2/17/2009 |
Q: I received a summons this morning to respond to a complaint for a credit card that was charged off ... A: Please get yourself a realistic understanding which is that they can sue for all of the original ...
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| stopping a charge off | 2/17/2009 |
Q: Is there anyway I can stop a charge off? I've been drastically ill and I was finally able to ... A: No, there isn't any way to stop the chargeoff and repo except by paying it off. You might as well ...
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| Bills and no money | 2/15/2009 |
Q: I am disable and my Mom and I both signed to get a house 3 years ago, her name was first on the ... A: You are disabled and your mom is in the nursing home. I assume you have ssi then, right? If so you ...
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| Debt collector phone calls without a written notification | 2/15/2009 |
Q: I received two letters from Amex on 6 Feb (last week) notifying me that my two accounts with them ... A: It's not against the law if you don't tell anybody (and I do mean anybody) that you are taping or ...
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| Debt collector phone calls without a written notification | 2/13/2009 |
Q: I received two letters from Amex on 6 Feb (last week) notifying me that my two accounts with them ... A: I certainly hope that sending those two letters made you feel better because that is about the only ...
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| Writ filed against me | 2/12/2009 |
Q: Chase credit card has just put a legal hold on my checking account. I am a former Marine and have my ... A: I would file a local lawsuit against the company (not the bank) for wrongful garnishment first. That ...
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| Judgment collection | 2/11/2009 |
Q: I live in the state of NC. I have a judgment (default) against me solely, because of a credit card ... A: You know that what is happening to you is wrong. You know that you are being abused and that your ...
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| Writ filed against me | 2/11/2009 |
Q: Chase credit card has just put a legal hold on my checking account. I am a former Marine and have my ... A: You made a huge mistake in setting up a direct deposit from employment into the same account that ...
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| Writ filed against me | 2/11/2009 |
Q: Chase credit card has just put a legal hold on my checking account. I am a former Marine and have my ... A: The answer to this one is simple. It is illegal to garnish a federal pension under federal law. I ...
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| Debt collector phone calls without a written notification | 2/10/2009 |
Q: I received two letters from Amex on 6 Feb (last week) notifying me that my two accounts with them ... A: Their initial contact with you can be by phone, pulling your credit report, adding anything to your ...
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| credit card debts in Oklahoma | 2/10/2009 |
Q: I live in Oklahoma. I have 5 credit card debts that I haven't pay in 4 months. One is chase - 32K, ... A: That's not the way to go. If you try that they could claim that you did it to hide your asset from ...
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| credit card debts in Oklahoma | 2/6/2009 |
Q: I live in Oklahoma. I have 5 credit card debts that I haven't pay in 4 months. One is chase - 32K, ... A: As you may know, I live in Oklahoma too. OKC. What town are you in? I can't tell you how long it ...
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| DEBT COLLECTION | 2/6/2009 |
Q: First thank you for the help. I would like to know my best defense against a motion summary judgment ... A: All my help?? Can't see as I've given you any yet. So You go to court in a week for judgment hearing ...
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| CCS @ (866) 945-4973 | 2/5/2009 |
Q: Creditwrench. I keep getting pre-recorded calls from CCS. The recording tells me to visit ... A: There are several ways to do it. One way that I stop unwanted phone calls from telemarketers is ...
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| Troublesome Collection Agency | 2/4/2009 |
Q: I was hoping that you might be able to lend me your knowledge as it pertains to the Fair Debt ... A: The first question that must be answered here is when did you make your last payment on the account. ...
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| Judgment in '05 - Can I Still Sue The Attorney/CA or Vacate The Judgment? | 2/4/2009 |
Q: A couple of specific issues within my post: I was served by a collection attorney in '05 for an old ... A: I saw where you posted this same question on another forum and got a valid answer from a poster ...
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| Summon | 2/3/2009 |
Q: I have unsecured credit card debts and scheduled for a Case Management Conference this week.I have ... A: I met with the lady I was talking about this morning. She has a new problem and I really can't quite ...
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| Debt verification | 2/3/2009 |
Q: I received a letter from a collection agency stating I owed $X.XX (standard first letter). ... A: Obviously you have been visiting some forums with really bad ideas about the validation process and ...
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| Summon | 2/3/2009 |
Q: I have unsecured credit card debts and scheduled for a Case Management Conference this week.I have ... A: They cannot legally take your disability check. The advice the legal service in your county gave you ...
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| Help please. I just received a documented Civil Action from the Court. | 2/2/2009 |
Q: I had a credit card a few years ago. I went from a 2 income household to a 1 income household and ... A: First of all, what you received is not just a letter. It is a summons and complaint and demands that ...
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| Old Ambulance Bill | 2/2/2009 |
Q: Can a bill from October 2002, turned over to a collection agency, from a local ambulance company be ... A: Although it is not illegal for them to attempt to collect debts that old they cannot do much except ...
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| Debt collection attempts for a debt not mine. | 2/1/2009 |
Q: A compnay, Portfolio Recovery Associates, has contacted me about a debt they have purchased from ... A: Your questions are far too numerous to answer here one by one. I've sorted them all out and answered ...
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| Credit Card Debt | 1/30/2009 |
Q: so the situation is my parents are self-employeed, and business is getting worse. They have $40k in ... A: If I had a business that was not paying me money but was actually costing me money out of my pocket ...
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| No bill ever received by mail. | 1/29/2009 |
Q: I'm trying to help my dad out here and I'll try to make it as short as possible. A year and a half ... A: While all of the problems you have outlined are important, they are really irrelevant in deciding ...
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| trying to collect on overdrawn checking account | 1/29/2009 |
Q: My husband received a letter from a collection agency trying to collect on an overdrawn checking ... A: Yes, the SOL does apply but that does not stop them from trying to collect. It don't even stop them ...
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| Help! | 1/28/2009 |
Q: Appx 3 years ago had knee surgery. Due to my phone being turned off for two weeks, hospital sent ... A: No, there isn't any such thing as a 1 year statute of limitations. Yes, they can and very well might ...
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| Cuenta bancaria sobregirada por cargo de mas de $5,000 por caso legal | 1/28/2009 |
Q: Hola! hace un rato note que mi cuenta esta sobregirada por mas de $5,000 mas $100 legal fee. Cuando ... A: La primer cosa que tienes que hacer es via al officina del Clerk de la court en su county y pide que ...
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| debit responsibility | 1/27/2009 |
Q: My wife passed away and left hundreds of dollars in credit card debit. They were all in her name. My ... A: You have to think outside the box here, at least to some extent. What would you do if your wife left ...
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| bad credit statue of limitation | 1/26/2009 |
Q: my husband and i had some credit cards and lost them in 2000 when he was injured and out of work, we ... A: Filing BK isn't likely to get the job done these days and even if it did it would be very expensive, ...
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| Garnishment by CACV of Colorado | 1/26/2009 |
Q: I have recently received court documents that showing that my wages will be garnished. A judgement ... A: You got stupid and believed what they told you. I hope this teaches you never to believe what a debt ...
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| Interstate Garnishment | 1/26/2009 |
Q: Can a Court from one State(WA) order a Garnishment from an Employer from another State(MI) with out ... A: I don't know Michigan law so I can't answer that question. Al I can tell you is that if I were in ...
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| case management | 1/25/2009 |
Q: I got served a notice to go to case management. My lawyer could not make it. I attended and told ... A: You admitted it because it is the right thing to do? It may be the right thing to do from a moral ...
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| case management | 1/25/2009 |
Q: I got served a notice to go to case management. My lawyer could not make it. I attended and told ... A: By clicking on that link after my answer. I will need to see their complaint and your answer. Let's ...
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| Summons? | 1/24/2009 |
Q: I recent moved and while going over the mail that the post office was holding for me, I came across ... A: If you say you never received a summons you will have to show the court why you didn't get a summons ...
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| Court summons questions | 1/24/2009 |
Q: I received a court summons last week and the way it was delivered to me was questionable.We live in ... A: A legal help line that don't have any better help than to tell you to deny the debt on your summons ...
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| Court summons questions | 1/23/2009 |
Q: I received a court summons last week and the way it was delivered to me was questionable.We live in ... A: First of all you don't go to court to file your response to the summons. You prepare it using an ...
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| Do Statute of Limitations | 1/23/2009 |
Q: I hope you can clear this issue for me. I had a Discover Card that I defaulted on in 1996. Through ... A: You can send a cease & desist if you want them to sue you. But if you know the debt is out of SOL ...
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| How does someone with extenuating circumstances answer a summons from Amex re: a big debt? | 1/23/2009 |
Q: This cannot be brief because the particulars of the history are I believe are extremely relevant to ... A: Yes, I can provide all the help you need including how to deal with the foreclosure but it costs ...
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| Scott Lowery Collection Firm | 1/22/2009 |
Q: My wife and I took out a credit card with Ethan Allen and unfortunately she lost her job and we fell ... A: I realize that you want to do the right thing and I commend you for that but at the same time you ...
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| Statute of Limitations | 1/21/2009 |
Q: I was served by Asset Acceptance in December 2006. I responded with a request for ... A: You are probably out of the SOL depending on the state you live in. No, it did not restart when you ...
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| Summons From American General | 1/21/2009 |
Q: My wife and I took out a loan from American General Finance about a year ago. We faithfully ... A: They can also grab any money you might have in bank accounts so if you have any money in bank ...
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| Summary Judgement, what now? | 1/20/2009 |
Q: I hired a divorce attorney, paid her $100 "consultation fee" and a $500 retainer. I signed an ... A: Not much of any recourse that I know of. About all you can do is pay up or start hiding your money ...
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| Surprise Lien | 1/16/2009 |
Q: Yesterday I checked my bank account online in the morning and all was well, about an hour later I ... A: If you are a private contractor who must purchase material or products in the ordinary course of ...
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| Surprise Lien | 1/16/2009 |
Q: Yesterday I checked my bank account online in the morning and all was well, about an hour later I ... A: If they have a judgment then that is supposedly all the notice you need. Next step will be to ...
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| personal Lien/Citibank Where is this headed? | 1/16/2009 |
Q: I have never taken Bankruptcy, nor has my husband. Months ago you gave me a very good primer online ... A: I think you are not fully aware of the crisis we face. Both Citi and Bank of America have posted ...
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| Surprise Lien | 1/16/2009 |
Q: Yesterday I checked my bank account online in the morning and all was well, about an hour later I ... A: I'd love to answer all your concerns in one fell swoop but that isn't the way to get you educated ...
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| Debt and Credit Collection Agencies. | 1/16/2009 |
Q: I had a debt which I satisfied to a debt collection agency back in 1998. This was originally for ... A: Yes, I teach a way to do that but most likely you will end up having to file a federal lawsuit in ...
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| personal Lien/Citibank Where is this headed? | 1/15/2009 |
Q: I have never taken Bankruptcy, nor has my husband. Months ago you gave me a very good primer online ... A: If Citibank or any other bank is bailed out they will not be under any really greater control by ...
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| Dealing with Lawyer/Garnishment | 1/13/2009 |
Q: I live in the state of Georgia. My husband has a medical bill from 2007. We never got the revised ... A: If you can pay the hospital directly or the lawyer they hired you are almost always better off. If ...
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| Summons | 1/13/2009 |
Q: and I received a summons today regarding a Citibank bill that is outstanding. I was contacted by an ... A: They can't take you only car in most states. You will have to check your state laws on garnishment ...
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| Summons | 1/13/2009 |
Q: and I received a summons today regarding a Citibank bill that is outstanding. I was contacted by an ... A: Yes, the attorney violated your rights under the law but in order to enforce those rights you will ...
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| accuring interest while in credit counseling service | 1/11/2009 |
Q: After 1 year of entering Consolidated credit counseling services, I contacted by credit card to ... A: Of course, your first mistake was dealing with a debt settlement company in the first place. In net ...
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| Old Debt Collection I owe | 1/11/2009 |
Q: When I was in college I had several credit cards that I was unable to pay off. The credit card was ... A: I can't advise you or tell you what to do because I'm not an attorney but what I would do is quite ...
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| JUDGMENT | 1/10/2009 |
Q: a few years back a lawyer firm contacted me about an old credit card debt that is probably over 7yrs ... A: Well, I want to help you beat up on those scumbags but I'm currently at a loss as to how to go about ...
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| Drowning in debt! | 1/9/2009 |
Q: It's hard to make this short. My husband got disabled over 3 yrs ago (no disability yet). We pay ... A: How did your husband respond? What did he say? No, bankruptcy is not a viable answer. There are much ...
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| Trying to find case law/statute to support doctrine of laches defense | 1/9/2009 |
Q: I am being sued by Pressler and Pressler, for a credit card debt from 2003. I understand that the ... A: I know of no case law to establish doctrine of laches. You might try cornell Univ. Law website and ...
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| credit collections/ summons for court | 1/9/2009 |
Q: Just over four years ago I realized that I was never going to be able to handle my debt on my own. I ... A: I think that the very first step to get started in the right direction would be to get rid of DMB ...
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| Trying to find case law/statute to support doctrine of laches defense | 1/9/2009 |
Q: I am being sued by Pressler and Pressler, for a credit card debt from 2003. I understand that the ... A: In my opinion hiring legal counsel would have been a mistake nearly as bad as any you have already ...
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| credit collections/ summons for court | 1/9/2009 |
Q: Just over four years ago I realized that I was never going to be able to handle my debt on my own. I ... A: I think I would file an objection to their motion based on Res Judicata which means that the court ...
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| JUDGMENT | 1/9/2009 |
Q: a few years back a lawyer firm contacted me about an old credit card debt that is probably over 7yrs ... A: I'm sorry I left you scratching your head. You also commented that I left most of your questions ...
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| Personal vs Business Debt | 1/8/2009 |
Q: I am in a similar situation as to one you responded to on 3/26/08. In a single member LLC, I ... A: Yes, it falls under FDCPA because the fixtures and material were used in your home. Are there cases? ...
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| Summons to Court for old credit card debt | 1/8/2009 |
Q: This past Sunday, Jan. 4, 2009, I found a summons loosely placed between the doorknob and doorjam ... A: Getting your response prepared and filed before next Wednesday is no problem at all. In fact, if you ...
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| being sued by collection agency for medical bill! | 1/7/2009 |
Q: I'm 28 years old and I stay home with my 3 daughters my husband works at the post office as a ... A: I can tell you what is going to happen with about a 99% certainty of being correct. First of all, ...
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| mrc receivables corp | 1/7/2009 |
Q: i have been battling the mrc scam in new jersey for some time i found that they are not registered ... A: You may have just wasted your time and money incorporating under the name of MRC. They may not have ...
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| Debt validation | 1/5/2009 |
Q: I really love your forum and the answers. You are definitely the expert, so I thought I'd run this ... A: They can get away with it but there is a problem here anyway. FDCPA says that the 3rd party debt ...
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| summons for debt | 1/5/2009 |
Q: I received a summons for a credit card debt in ca. I went to the self-help center this morning and ... A: Yes, there is a way that you can file a response on your own You can purchase a copy of my new book ...
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| Love, Beal and Nixon, P.C. | 1/5/2009 |
Q: I've been contacted by Love, Beal, and Nixon, P.C. in Oklahoma City for about 2 months. They are ... A: As you probably know, I too am in OKC. The point is that if you have been sued you must file a ...
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| Old Debt Collection I owe | 1/5/2009 |
Q: When I was in college I had several credit cards that I was unable to pay off. The credit card was ... A: That depends on your state law. According to federal law you would not be required to pay them while ...
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| collection agency fee | 1/4/2009 |
Q: I had a medical debt that went to collections. I paid the entire amount due directly to the ... A: They think you are but they will have an awfully hard time trying to collect it. The provider hired ...
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| volentary repo of RV | 1/3/2009 |
Q: I need to let my RV be volentarilly repo'ed and don't know the procedure. The contract is in NM, I ... A: Then call up the finance company and tell them where to come and get the vehicle. Of course they ...
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| Midland Funding / Cohen and slamowitz | 1/2/2009 |
Q: I recently had a bank account levy from a charged off credit card, that is NOT over the statute of ... A: You can always try to talk to Midland about a settlement but I doubt if it is going to do you much ...
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| Credit Card Debt | 1/2/2009 |
Q: I have substantial crdit card debt. After my credit card did an across the board raise on finance ... A: I can't for the life of me figure out why people get sucked into those debt consolidation plans. It ...
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| Midland Funding / Cohen and slamowitz | 12/30/2008 |
Q: I recently had a bank account levy from a charged off credit card, that is NOT over the statute of ... A: That isn't going to be easy to do unless you are on SSI or other government pension. For all ...
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| Personal Loan | 12/30/2008 |
Q: If the buyer is demised and vehicle is still unpaid acn the vechicle still be seized by these ... A: Yes, the bank will probably try to follow up and ding family members. They aren't responsible for ...
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| Follow up to question previously asked about north carolina SOL | 12/29/2008 |
Q: I recently asked and received an answer from Melissa Douros with ALLEXPERTS.com. It was regarding a ... A: I have nothing to do with Melissa Duros. I do not agree with her advice to tell them about the SOL ...
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| Motion for Summary Judgement | 12/29/2008 |
Q: LVNV Funding, via an attorney debt collector in my state, filed a lawsuit against me. I answered the ... A: You might want to file a motion for summary judgment. It should succeed under the given ...
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| Midland Funding / Cohen and slamowitz | 12/29/2008 |
Q: I recently had a bank account levy from a charged off credit card, that is NOT over the statute of ... A: Seems to me that you might be able to file motion to vacate the void judgment but how did you learn ...
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| judgement on debt | 12/26/2008 |
Q: i have a company that got a judgement against me , i tried to vacate it but had no luck , The ... A: Well, there is a cause of action against them in federal court. They told you that because you ...
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| TXU energy in Texas, trying to collect on wife's debt PRIOR to marriage | 12/23/2008 |
Q: TXU energy is trying to add 890 dollars to my electric bill from service that my wife racked up ... A: If they are going to add it to your current bill and disconnect service if you don't pay you don't ...
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| foreign judgement | 12/23/2008 |
Q: about 10-years ago my husband became ill while traveling in NY.state was admitted to a ... A: Seems to me that the foreign judgment might just be outside of Fla. Statute of limitations. ...
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| medical debtor pursuing a judgment | 12/22/2008 |
Q: I just received a summons to appear in small claims court over a medical bill that was sold to a ... A: There is a slim chance that the judge might pay attention to your pleas but based on the law of ...
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| getting sued over old auto debt | 12/21/2008 |
Q: Last week a lawyer contacted my brother and requested that I contact her office immediately. I ... A: The 11 months you were out of state would not count. The Statute of Limitations would not be running ...
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| foreign judgement | 12/20/2008 |
Q: about 10-years ago my husband became ill while traveling in NY.state was admitted to a ... A: Your husband is head of household in Florida so they can't garnish wages. Just be sure you don't ...
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| getting sued over old auto debt | 12/19/2008 |
Q: Last week a lawyer contacted my brother and requested that I contact her office immediately. I ... A: PA statute would apply. However, there is also a slight potential problem with that since you moved ...
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| death collection | 12/14/2008 |
Q: My husband passed away last month and both of us are on SS and SSI disabled due to auto accident and ... A: First go to http://www.creditwrench.com/18questions.html and get a copy of the 18questions. Then ...
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| Collection Matter - Suit Filed | 12/13/2008 |
Q: For clarity purposes: Served with a complaint; my daughter was sick, missed deadline to file answer; ... A: These are the things you might think about doing. I suggest the following: 1. Motion for summary ...
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| Capitol One Credit Card debt from 2002 | 12/12/2008 |
Q: I have just received a letter from my bank here in NY that my checking account funds are being ... A: That's going to be much more difficult and maybe impossible. The first question has to be how long ...
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| Medical Bills | 12/12/2008 |
Q: My stepson is mentally ill. He was hospitalized 2x in March and then admitted to the Psych ward. I ... A: There is nothing you can do about their sending the bills to collections but you really should be ...
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| Capitol One Credit Card debt from 2002 | 12/11/2008 |
Q: I have just received a letter from my bank here in NY that my checking account funds are being ... A: Should you contact the collection company? Absolutely not! Should you contact your bank? Yes! Tell ...
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| Sued in Florida by Debt Collector | 12/11/2008 |
Q: I received a 20-day court summons for a suit filed by a debt collector for two credit card accounts ... A: There are several different types of denial. For instance a general denial accompanied with a list ...
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| Capitol One Credit Card debt from 2002 | 12/11/2008 |
Q: I have just received a letter from my bank here in NY that my checking account funds are being ... A: That's a tough one to say the least but it also can be turned into a great benefit to you. They have ...
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| Sued in Florida by Debt Collector | 12/10/2008 |
Q: I received a 20-day court summons for a suit filed by a debt collector for two credit card accounts ... A: Your SOL defense would have to be based on the date you made your last payment to the creditor plus ...
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| Repo Lawsuit | 12/10/2008 |
Q: In 2004, I co-signed for a new Toyota truck for my husband. A few months later that same year, he ... A: Yes,you are screwed unless you learn how to fight back and win. If I were faced with that problem ...
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| Collections - Help Please! | 12/10/2008 |
Q: Any help please! I currently am paying a bill off through a debt collection agency whom I have ... A: You should never have allowed yourself to get suckered into such a crazy deal in the first place. ...
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| Judgement aganist me | 12/9/2008 |
Q: I took out a loan with a finance company and could not pay the amount after I lost my job. The ... A: When you told them you had property you did not actually have you lied to a lender on an application ...
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| Letter of Debt | 12/8/2008 |
Q: Kingman, Cole and Assocates November 20, 2008 RE: ... A: I presume you have checked with the county clerk of the court to see that there is no complaint ...
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| court summons on old credit debt | 12/7/2008 |
Q: I was served with a summons to court for a capital one debt, court date for december 10th 2008. ... A: Why not call the clerk of the court and ask how much it costs to file a response to a summons for a ...
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| small claims+credit card | 12/6/2008 |
Q: being sued by collection agency. I filed my reply 6 months ago denying I owe the debt, sent ... A: Sounds to me as though you have a lawyer that is itching for a trip to federal court to defend ...
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| Being Sued for Credit Card Debt | 12/5/2008 |
Q: I have been receiving calls from an Attorney's Office, about 3 times a day for months now concerning ... A: If that is the best you can do then that is what you will have to go with but you will have to add ...
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| repo deficiency balance statute of limitations | 12/5/2008 |
Q: How long can a financial institution have to file a judgement or lien on someone for a reposession ... A: You are asking me for two different answers to the same question. The first is that there is no time ...
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| Being Sued for Credit Card Debt | 12/4/2008 |
Q: I have been receiving calls from an Attorney's Office, about 3 times a day for months now concerning ... A: Let's look at your options rather than the answers to all those questions because the answers are ...
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| Credit Card Debt | 12/4/2008 |
Q: My husband has a large amount of credit card debt and stopped making payments about a year ago. ... A: So you would be willing to go broke over this? Why? Do you not realize that you are going to need ...
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| repo debt | 12/4/2008 |
Q: My mom co-signed for car for me in 2003. In 2004 I did a voluntary repo. Of course we still owe ... A: Why on earth is your mother going to file BK? They can't collect a dime from her and if they even ...
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| court summons on old credit debt | 12/3/2008 |
Q: I was served with a summons to court for a capital one debt, court date for december 10th 2008. ... A: If you fail to respond to the summons or show up in court they will get a default judgment and can ...
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| SOL of Debt Collection | 12/3/2008 |
Q: My husband recently received a call about a debt from 2000. I researched the company and found out ... A: I can well understand why you feel confused. First rule is never believe what somebody tells you ...
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| Debt Collection Agency | 12/3/2008 |
Q: Recently I received a letter from a debt collection agency because I served as a co-signer for a ... A: Other than paying the debt? Let me assure you that if you pay the debt it will go on your credit ...
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| Debt Collection Agency | 12/2/2008 |
Q: Recently I received a letter from a debt collection agency because I served as a co-signer for a ... A: It might very well be there now. Have you checked that out yet? If the apartment management has the ...
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| Letter of Debt | 12/2/2008 |
Q: Kingman, Cole and Assocates November 20, 2008 RE: ... A: Problem with that is that it isn't an affidavit at all. In order for it to be an affidavit it must ...
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| Collections | 12/2/2008 |
Q: I was very over medicated for chronic nerve damage. I can not remember or recall that I applied for ... A: You can't. They don't want to understand. All you can do is convince them that calling you will do ...
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| Statute of Limitations "misinformation" | 11/30/2008 |
Q: One of the experts here (Michael Brotherton), stated that "The SOl is based on the Date of Last ... A: The answer really depends on state law. Most states say something to the effect that the SOL begins ...
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| what can they take? | 11/28/2008 |
Q: my girlfriend got a credit card about 2two years ago she never made a payment on it and they ... A: I can well imagine that you would just want it over and done with but that isn't going to happen ...
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| Court Summons | 11/26/2008 |
Q: I have received a real summons from the superior court of san diego from atlantic credit and finance ... A: Letters get no respect in a court of law. Courts use a special format for all documents. Everything ...
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| what can they take? | 11/26/2008 |
Q: my girlfriend got a credit card about 2two years ago she never made a payment on it and they ... A: You aren't married? Then no, they can't take anything from you. What do you do when you get the ...
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| Debt Verification & Cert. Mail | 11/25/2008 |
Q: In June 2008 I sold my home in a short sale and the bank forgave the outstanding balance on the loan ... A: No, don't send anything to the original bank. Check your state laws on foreclosure to see what the ...
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| Sued for credit card past SOL | 11/25/2008 |
Q: On Saturday I received a summons. I am being sued by a collection agency for a credit card that is ... A: You would probably want to file a motion to dismiss as your response to the complaint. I would not ...
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| Car Loan Collection | 11/24/2008 |
Q: I voluntarily returned a vehicle I could no longer afford. My credit report says my last payment was ... A: You are most definitely headed for a lawsuit. The chances they will file suit before the SOL expires ...
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| Court Summons | 11/24/2008 |
Q: I have received a real summons from the superior court of san diego from atlantic credit and finance ... A: Yes, it is too late to send a validation letter to the collection agency but the lawyer is a 3rd ...
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| collection laws | 11/24/2008 |
Q: I have been paying a medical collection agency 150 dollars a month for 10 months. Now they have ... A: They can do that, no problem. You made a big mistake paying them anything but I'm sure you can see ...
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| Cell Phone Collection from 2001 | 11/22/2008 |
Q: I had a cell phone through Voice Stream from 2000 - 2001. After completing my one year contract, I ... A: No, don't know the name of the law. I'm guessing it is in the telecommunications law. I remember ...
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| No response to Debt Validation - what now? | 11/22/2008 |
Q: I recently heard from collection agency about a credit card debt from 2002. They put me on hold for ... A: No, don't send a followup letter. Just let them chew on that for as long as it takes. If they ...
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| washingston summons | 11/22/2008 |
Q: I have a dentist bill, I have been paying on for some time. I have not received regular statements ... A: You will need to respond to that summons, of course. You will probably want to file a denial of all ...
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| sued for unsecured debt | 11/20/2008 |
Q: I've received a summons and am being sued by Citibank for a credit card I haven't paid on in 5 ... A: You need to respond to the complaint. You need to take immediate steps to protect your assets and ...
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| Cell Phone Collection from 2001 | 11/20/2008 |
Q: I had a cell phone through Voice Stream from 2000 - 2001. After completing my one year contract, I ... A: There is a federal law limiting collections on cell phone bills to two years. After two years they ...
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| re: collection harrasment | 11/19/2008 |
Q: I've been contacted by a company that says they are the crime bureau and represent a payday loan ... A: No, you can't be arrested. But what are you going to do about them breaking the law by telling you ...
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| una pregunta | 11/19/2008 |
Q: HOLA,ESTUVE VIVIENDO EN UN COMPLEJO DE APARTAMENTOS Y COMPLETE MI CONTRATO PERO ELLOS ME HAN MANDADO ... A: Primero entiende que ellos te han mandado a una agencia de collections or no? Si es un abogado o ...
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| Defaulted on Payday loans | 11/19/2008 |
Q: I recently have had a hardship my husband lost his job, we just moved into a bigger house. I took ... A: If it is the loan company that is harassing you then yes, they can do that. If it is a lawyer or a ...
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| repo debt | 11/19/2008 |
Q: I have a question concerning a vehicle repo from 2006. I had a 1999 ford escort that was repo'd ... A: Yes, it will reflect on her credit report and probably yours too. You say that you are all for ...
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| being sued | 11/16/2008 |
Q: I recently received a phone call from a Joseph Ward from Belzer Law Firm in reference to WAMU credit ... A: Of course it is possible and more likely probable. I'd suggest you start learning how to deal with ...
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| in deep debt at 19 | 11/14/2008 |
Q: Im 19 years old and i owe chase bank 1,000 dollars for a credit card. i tried to pay it off now its ... A: What will happen when they take you to court depends on you. Start learning now and you can win. ...
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| old collection notice | 11/14/2008 |
Q: I have received a collection letter for a phone bill from 1999-2000. Is it pass the limitation time? ... A: Start off by sending them a demand for validation/dispute letter. Keep it very, very simple and ...
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| Responding to summons | 11/12/2008 |
Q: My wife and I have a second mortgage with Citi. I lost my 6 figure job back in Nov 07 and have been ... A: No, it isn't a lis pendense. There may be a lis pendese filed but that's not what the sheriff gave ...
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| collections | 11/12/2008 |
Q: "hello i already asked a question to another lawyer received an answer but here goes. i have a ... A: They can't legally sue you in Florida if you live in Wisconsin. They have to sue you in the county ...
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| LTD wants my SSDI lump sum | 11/12/2008 |
Q: I have been getting LTD sine 2005. They made me apply for SS. I got approved and received a large ... A: Do what you think best but I sure would not surrender that kind of money. I'd fight them to the ...
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| debt collection | 11/11/2008 |
Q: I recd a call from debt collector & a follow up form letter from them stating that I owe money on an ... A: Why is it that you don't want to deal with the debt collector? HSBC has turned the account over to ...
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| Collection | 11/11/2008 |
Q: I lived with a roommate a couple years ago for 6 months. We signed separate leases and paid the ... A: That would be a tough one to try to do much about. There are several things you might do. I tend to ...
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| LTD wants my SSDI lump sum | 11/11/2008 |
Q: I have been getting LTD sine 2005. They made me apply for SS. I got approved and received a large ... A: If you don't pay them they will probably file a lawsuit against you but they can't enforce that ...
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| Cresit card lawsuit | 11/10/2008 |
Q: A lawyer has sued me on behalf of JDB for a credit card debt. SOL not expired. I Answered the court ... A: Like most pro se litigants, you don't seem to know the rules and procedures that are used in our ...
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| Is Landline Phone Bill SOL 2 Years? | 11/9/2008 |
Q: Hey, There is a federal law that S.O.L for being sued for a CELL phone is 2 years. But there is a ... A: Read the law. Read the definitions section first to find out what the law applies to and the ...
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| Cresit card lawsuit | 11/9/2008 |
Q: A lawyer has sued me on behalf of JDB for a credit card debt. SOL not expired. I Answered the court ... A: A lawyer has sued me on behalf of JDB for a credit card debt. SOL not expired. I Answered the court ...
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| Answer to the complaint for summons and complaint | 11/8/2008 |
Q: I have been served with a summons for a debt that I did not incur. My ex-wife agreed to this with ... A: I would suggest that you respond with a graduated denial followed with an affirmative defense ...
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| judgement | 11/7/2008 |
Q: I have been trying to find answers since the beginning of 2007 so first, thank you for this service. ... A: You would have to file motion to vacate the void judgment to get rid of it and you would have to ...
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| Can't afford Credit Cards | 11/6/2008 |
Q: I have roughly 40k in credit card debt. I just lost my job and have only enough savings to pay for ... A: It makes no difference where you live, the result of not paying your debts can and often does mean ...
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| Summons on Bad Credit Card | 11/6/2008 |
Q: I live in AZ. I was served with a summons a few days ago. The original cc was with Chase then sold ... A: I would recommend that you respond with a statute of limitations defense. I would start looking for ...
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| Medical collection going to Judgement | 11/5/2008 |
Q: I live in CO. I have a court date set for 11-10-08.There are 3 collections( $5000 total)and BC ... A: You have a court date set for 5 days from now and you haven't done a thing to to respond? I'd say ...
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| Can Debt collectors get at my Social Security Disability by going after my bank account? | 11/4/2008 |
Q: I was born with a serious heart defect and been in & out of hospitals most of my life, but I still ... A: I'd keep all of my money totally separate from hers and don't put any money in the account that ...
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| Medical Collector Harrassment | 11/3/2008 |
Q: My husband received a phone call this morning from a medical collection agency asking us to pay ... A: Yes, that is harassment. I hope you recorded the calls. If not why not? If you don't have the means ...
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| debt validation | 11/3/2008 |
Q: I sent a debt validation letter to resurgent capital services via certified mail, I thought they ... A: They probably want to know what your dispute is all about. Let them figure that out for themselves. ...
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| Collection Matter - Suit Filed | 11/2/2008 |
Q: For clarity purposes: Served with a complaint; my daughter was sick, missed deadline to file answer; ... A: If I'm reading what you're saying correctly, then I would do a motion to dismiss based on a lack of ...
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| Collection Matter - Suit Filed | 11/1/2008 |
Q: For clarity purposes: Served with a complaint; my daughter was sick, missed deadline to file answer; ... A: count on the fact that they won't provide any answers that make any sense to you or that you might ...
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| will I be sued by collection agency?? | 10/30/2008 |
Q: I paid off a timeshare many years ago. I stopped paying maintenance fees about 6 years ago. ... A: Yes, they very well may sue you for the amount. Small or not they probably want their money. I can ...
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| Sued By Discover Card | 10/30/2008 |
Q: I'm being sued by Discover card. I'm supposed to appear in court in about two weeks. I'm trying to ... A: You can't logically claim that it is outside of Missouri's jurisdiction because that simply isn't ...
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| Medical bill | 10/29/2008 |
Q: In 2001 I incurred a bill of over 1000.00. That was 7 years ago can they still collect after all ... A: Yes, they can still attempt to collect. They can file a lawsuit even though the statute has ran out ...
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| Notice of service of requests for admission | 10/29/2008 |
Q: On 09/08/2008 I received a civil summons from an attorney representing Midland Credit Management. ... A: I was not provided with an “Initial Contact” from MCM prior to the summons, therefore I was not ...
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| LVNV Funding, LLC | 10/28/2008 |
Q: LVNV Funding, LLC is not registered with the CA Secty. of State, even as a foreign LLC. although ... A: Judges don't care about any of that. And they don't have to be licensed to collect in CA. Is all of ...
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| Foreclosure | 10/27/2008 |
Q: I live in Oklahoma. I have my home loan thru USDA Rural Development. They have recently raised my ... A: As you probably know, I am in Oklahoma too. OKC in fact. I wouldn't worry much about a problem with ...
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| Enforcement of out of state judgment in AZ | 10/27/2008 |
Q: My fiancee is about to have her wages garnished by her ex-husband from a judgement in North Carolina ... A: You are asking a question that requires a legal opinion and I'm not a lawyer so can't give you any ...
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| credit card calling hours in florida | 10/27/2008 |
Q: i was just approved for food stamps. I receive calls from credit card companies out of state., i.e. ... A: go to http://www.creditwrench.com/18questions.html and print out the list of questions you will find ...
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| Sued By Discover Card | 10/24/2008 |
Q: I'm being sued by Discover card. I'm supposed to appear in court in about two weeks. I'm trying to ... A: If you can't prove when you made your last payment by some means then you will have to go with their ...
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| I have Been Served | 10/23/2008 |
Q: first of all i want to thank you for all of your time and efforts to answer everyone. Thank You. now ... A: Yes, you need to respond in writing. I would suggest that you file a graduated denial unless you can ...
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| proper validation | 10/23/2008 |
Q: I sent out a validation request back on Jan 14 and after 9 months I finally heard back from them. ... A: What good is a second validation request going to do if you got no results from the first one? I ...
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| Paying fraud charges | 10/22/2008 |
Q: In July I charge 3 airline tickets to my Capitol One credit cards online with US Airways The ... A: I think you may be able to use the Fair Billing Act to help resolve this matter. I'm not really ...
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| Interstate collections | 10/18/2008 |
Q: I broke a Lease in AZ back in 2003 because I moved out of the State, back to NY. A collections ... A: There are a great many that they might have broken. You have to become familiar with FDCPA and FCRA ...
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| Auto Loan | 10/15/2008 |
Q: Last year I thought I was co-signing for a car loan here in Oklahoma. It turns out that my now ... A: As you may know, I'm in OKC myself. There are some possibilities but if you can't pay they will take ...
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| Interstate collections | 10/14/2008 |
Q: I broke a Lease in AZ back in 2003 because I moved out of the State, back to NY. A collections ... A: You can't break a lease because you are leaving the state. If you lease an apartment today for a ...
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| debt | 10/13/2008 |
Q: i recently got a summons regarding a debt that I owe i have called the law firm that is suing me and ... A: How do you respond to the summons? Use a graduated denial and accompany that with interrogatories, ...
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| bank levy | 10/12/2008 |
Q: Currently I have a judgment against me for medical debt that I incurred in Ohio where I live, and I ... A: Currently I have a judgment against me for medical debt that I incurred in Ohio where I live, and I ...
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| old credit card debt | 10/11/2008 |
Q: I have recieved a notice from a collection agency for a 1993 Barnett Bank visa credit card debt in ... A: Send them a demand for validation of course. Don't use any of the letters so easily found on the ...
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| capital one | 10/11/2008 |
Q: we recieved papers to appear in court, actuially mu husband did. he had a credit card when he was 18 ... A: Let's worry about the more immediate problems first but get his name off of that checking account ...
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| Colorado - credit card debt, lawsuit, default judgment questions | 10/10/2008 |
Q: Background: I'm Colorado based. To keep a business afloat I sold personal assets and used credit ... A: 1. Could the debt collection company file a lawsuit in a different jurisdiction (therefore I ...
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| Payday Loan Collections | 10/9/2008 |
Q: Recently, (couple of months) ago, I was contacted by a debt collection attorney from a payday loan ... A: Filing complaints with the attorney general don't hurt but don't expect them to do much of anything. ...
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| Medical bill Summons | 10/8/2008 |
Q: My daughters were both in the hospital in Arizona and we started receiving bills with a total due of ... A: Negotiate? The time for that is now past. Time to start getting nasty with them. You have a summons ...
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| collection agencies | 10/7/2008 |
Q: I have 4 credit card debts ($60,000) that are with collection agencies. I called them 9 months ago ... A: You are really missing the boat here. First of all your small payments will only waste more of your ...
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| Colorado - credit card debt, lawsuit, default judgment questions | 10/6/2008 |
Q: Background: I'm Colorado based. To keep a business afloat I sold personal assets and used credit ... A: To answer your first question, I would check with the clerk of the court to see if the court dockets ...
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| Debt | 10/6/2008 |
Q: I currently had a credit card company charge off my debt and now have collections harassing me. I ... A: What can they do to you? They can file a lawsuit on you and try to collect on the judgment by ...
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| debt validation | 10/6/2008 |
Q: Can a debt collector ask for more information after a validation letter is sent? I recently sent a ... A: I suspect they are just trying to stall you and befuddle you with nonsense. You probably have a ...
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| False amount lied affidavit | 10/5/2008 |
Q: I have confusing question I hope you Can help me with. I have a default CC from about 3 years ago.It ... A: Lots of things I have to know before I can start to give you any suggestions. So here goes. 1. What ...
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| How do i answer a summon? | 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: You say that you have until tomorrow to answer a summons but you may actually have until Tuesday to ...
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| Court Summons for Credit Card Debt. | 10/2/2008 |
Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ... A: Yes, all you have to do is show up in court and demand that your case be heard in a trial before a ...
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| Court Summons for Credit Card Debt. | 10/2/2008 |
Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ... A: Mediation is nothing more or less than arbitration and I don't like either one because both of them ...
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| Collection on residential lease | 10/2/2008 |
Q: Last year I signed a lease for an apartment in Washington DC with my friend for 12 months. After ... A: Then you need to pull your credit reports to find out if there is any incorrect information or ...
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| Court Summons for Credit Card Debt. | 10/1/2008 |
Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ... A: Will your SOL argument work? Probably not unless you really know how to make it stick. Most judges ...
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| Civil Summons | 10/1/2008 |
Q: I received a civil summons to answer within 20 days. It is from a credit card debt I do owe. I have ... A: You will have to file a response to the summons. It makes no difference that you owe the money. That ...
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| seizing of assets | 10/1/2008 |
Q: I have a court appearance on an old credit card. I was told that the creditor would try and put a ... A: You have really shot yourself in the foot. That is about the worst thing you could have possibly ...
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| seizing of assets | 9/30/2008 |
Q: I have a court appearance on an old credit card. I was told that the creditor would try and put a ... A: You want to make certain that the money from the pension and the money from the court settlement are ...
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| Love, Beal, and Nixon | 9/25/2008 |
Q: I got information today from a home investor that LB&N had some type of lien or had attached an ... A: I certainly would advise against contacting LBN in any way because judgments have a 5 year statute ...
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| Confused as hell. | 9/23/2008 |
Q: I was about to be taken to court back in April from a Law frim representing Asset Acceptence. THis ... A: Well, your dumb attorney wasn't so dumb after all when he told you to wait for the summons. I say ...
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| Served for old debt | 9/22/2008 |
Q: My wife and I recently moved out of Tulsa, Oklahoma to Charlotte, North Carolina on 8/16/08. The ... A: The Oklahoma Statute is 5 years, not 3 years. As you say, North Carolina is 3 years and that is the ...
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| CREDIT CARD DEPT | 9/22/2008 |
Q: MY HUSBAND HAD A CREDIT CARD FOR SEVERAL YEARS. THE AMOUNT CHARGED WAS LESS THAN $4,OOO. WE CAME ... A: Although the solution (how to do it) is fairly complicated what you should do is simple. You must ...
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| Anser to cournt sumon on debt collection | 9/21/2008 |
Q: I am recently being serrved a summon in Travis county court of TX, the plaintiff is citibank and law ... A: You are theoretically correct on the sworn denial issue but what are you going to do if there is no ...
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| Anser to cournt sumon on debt collection | 9/20/2008 |
Q: I am recently being serrved a summon in Travis county court of TX, the plaintiff is citibank and law ... A: Why would you file two different types of denials? One is all you need. But what are you planning ...
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| filing an answer(defense) in a civil complaint | 9/18/2008 |
Q: I need to file an answer and just need to know how to set it up so that it would be accepted by the ... A: Just look at the complaint. That should give you a pretty good idea of how to do it. I am truly ...
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| filing an answer(defense) in a civil complaint | 9/17/2008 |
Q: I need to file an answer and just need to know how to set it up so that it would be accepted by the ... A: You don't want to file an answer. You want to file a response. There is a big difference between the ...
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| How to respond to summons if cc debt is past sol | 9/17/2008 |
Q: I received a civil summons today from an officer at my home for a credit card debt.When I checked my ... A: I would say that it depends on whether or not they actually dismissed the case in the first county ...
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| unsecured debt and judgements | 9/16/2008 |
Q: i live in georgia, i own a home with 60% equity, i am current on the mortgage and small 2nd ... A: I would get your name off of any checking accounts and anything to do with the corporation. If your ...
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| summuns | 9/16/2008 |
Q: I receved a summons from the clerk of courts in euclid ohio.FOR CREDIT CARD THEY SAY I HAD BUT I DO ... A: YOu will have to answer the summons. I would be very suspicious of that affidavit. It is probably a ...
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| unsecured debt and judgements | 9/16/2008 |
Q: i live in georgia, i own a home with 60% equity, i am current on the mortgage and small 2nd ... A: yes, they can get to your checking account and they can go after the second vehicle that is paid ...
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| credit collection | 9/16/2008 |
Q: This is an interesting forum, I do have a question. In the past I fell behind on my Sears card. ... A: Obviously you made a huge mistake paying the debt collector anything at all so don't make the same ...
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| Summons-SOL | 9/16/2008 |
Q: I was served for a credit card debt that I believe is beyond the SOL. My credit report says that ... A: SOL runs from the time you made your last payment plus 30 days until the time they filed their ...
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| Process of hearing vs trial. | 9/16/2008 |
Q: I haven't been served yet, but its coming any day. I can get on the internet and see the hearing is ... A: Send all your discovery requests to the plaintiff's attorney at the same time you send your denial. ...
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| How to respond to summons if cc debt is past sol | 9/16/2008 |
Q: I received a civil summons today from an officer at my home for a credit card debt.When I checked my ... A: April /05 to April /08 would be the 3 years so they filed in time. Can't use a SOL defense. You ...
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| unsecured debt and judgements | 9/15/2008 |
Q: i live in georgia, i own a home with 60% equity, i am current on the mortgage and small 2nd ... A: Georgia is not a community property state so they can't touch your husbands assets. They can put a ...
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| Summons for a lawsuit | 9/14/2008 |
Q: I recieved a personal loan from a credit union (I live in GA) in 2001. in january 2004 my ... A: You will have to respond to the summons or they will get a default judgment. Above all, don't pay ...
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| collection of summary judgement | 9/12/2008 |
Q: I have a court case in which a credit card company is seeking a summary judgement. If the summary ... A: If a summary judgment is awarded? There isn't any "if" to it unless you start learning how to deal ...
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| court summons,possibly past statue of limitations | 9/11/2008 |
Q: I just received a court summons for a debt with Citibank, it's a summons to appear in court. I ... A: Can I explain briefly how you can use the graduated denial? Not in a public forum I can't. Far too ...
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| How to prepare for trial | 9/10/2008 |
Q: I received a court summon on August 28 from a collection agency lawyer, and this account is formerly ... A: The problem is no longer in the hands of the debt collection agency. It is in the hands of the ...
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| summons served | 9/9/2008 |
Q: I just recently was served a summons from an attorney out of town by Asset Acceptance LLc with my ... A: Just writing letters will get you absolutely nowhere when dealing with courts. All courts use ...
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| Response to Civil Summons | 9/9/2008 |
Q: I recently was served a civil summons on a vehicle I voluntarily let go back in 2005. On June 30, ... A: I can't give you legal advice and even if I could I wouldn't be able to do it in such a forum as ...
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| summons served | 9/8/2008 |
Q: I just recently was served a summons from an attorney out of town by Asset Acceptance LLc with my ... A: First of all, don't attempt to educate the other fellow. If they used a name with a totally wrong ...
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| Credit Card | 9/8/2008 |
Q: Mi ex novio uso mi informacion de SSN para abrir 2 cuentas de tarjeta de credito por un total de 9 ... A: Su ex novio agarro su information personal y uso para abrir 2 cuentas de tarjeta de credito? ...
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| debt | 9/7/2008 |
Q: I have two negative accounts on my credit report. 1)I owed $500 to at&t for a cell phone bill that ... A: I need to know what state you live in because the 7 year statute of limitations has absolutely ...
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| getting my money back | 9/7/2008 |
Q: I loan someone $400.00. I had them sign an IOU for it and stating she would pay it back by Dec ... A: Yes, you can do that by filing a complaint against her in small claims court and getting a judgment. ...
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| Resolving judgement | 9/5/2008 |
Q: My husband has a judgement against him for a defaulted Dillard's card, filed in 2005. We are trying ... A: Well, seems to me that the attorney is the one who should resolve this issue. If nobody knows ...
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| FNCB Speigel | 9/5/2008 |
Q: My debt was a $35 late payment that has balooned into $880+ (including a $350 lawyer fee). My ... A: Five years on an oral contract? What state do you live in? If the SOL has passed you need to file a ...
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| I'm a little confused with procedure. | 9/3/2008 |
Q: I'M about to be served, I know this becasue it says "out for process server" in my states database. ... A: You are actually trying to consider a number of things that really don't make much difference or at ...
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| summons served | 9/3/2008 |
Q: I just recently was served a summons from an attorney out of town by Asset Acceptance LLc with my ... A: The first thing to do is check with the clerk of the court at the county court house and see if a ...
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| Debt Collection | 9/2/2008 |
Q: I purchased a vehicle in 01/2003 in 05/2005 I became ill and could no longer afford the vehicle due ... A: You situation is a bit confusing because SC law says that written contracts are 10 years and ...
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| Received a court summons today | 8/31/2008 |
Q: I received a court summons today from a law firm representing Midlands Credit Management. After ... A: If they haven't filed the case but sent you papers that allege that they did that could be a ...
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| FAber and Brand says FDCP doesnt apply and wont send me info?? I need help. | 8/30/2008 |
Q: I need help bad. I opened a credit card with advanta bank 3 under my name . It was a card they would ... A: Thats a lot of hopes you have there but you might as well hope they get hoof and mouth disease or ...
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| FAber and Brand says FDCP doesnt apply and wont send me info?? I need help. | 8/29/2008 |
Q: I need help bad. I opened a credit card with advanta bank 3 under my name . It was a card they would ... A: I asked the question because if it is a consumer debt or you actually used the card for personal ...
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| Settling Debts with Collection Agencies; or Filing Chapter 13? | 8/29/2008 |
Q: I have a specific question for you about my debt situation. To explain; I am the single Mom of an ... A: Well,it seems obvious to me that you have already seen how much the credit card companies have ...
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| mediation | 8/29/2008 |
Q: Do I have to attend court-ordered mediation sessions? I do not want to attend this mediation. Thanks A: No, you don't have to attend the court ordered mediation. But failure to attend is likely to make ...
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| statute of limitations defense | 8/29/2008 |
Q: The statute of limitations on open end accounts in my state is three years. Will a recent credit ... A: A judge may or may not consider that to be reliable evidence. I really don't know of any instance ...
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| Nationwide Credit | 8/29/2008 |
Q: American Express has sent my account to Nationwide. Nationwide says they won't accept monthly ... A: But then said I shouldn't pay American Express and would have to pay Nationwide. I'm confused. If I ...
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| Capital One Bank | 8/28/2008 |
Q: My husband, before we were married, got a credit card with a limit of $500.00 from Capital One ... A: First of all, what state do you live in? When did your husband make his last payment to Cap One? The ...
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| Judgement | 8/28/2008 |
Q: I had a judgement place against me and is still on my credit for almost 5 years now. It was a ... A: No, you didn't do the right thing. So let's start with gathering a couple of facts. 1. What state ...
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| RE:Notice of right to Have Exemptions Designated | 8/28/2008 |
Q: I received this court paper from the sherriff and i dont know what to do.Im being sued for the money ... A: There are some things I need to know before I can help you. I need to know what state you are in and ...
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| Physician payment | 8/27/2008 |
Q: My daughter underwent surgery in January and I have been billed for the amount over the insurance ... A: Yes, they can and they probably will. You should probably hope they do and the quicker the better. ...
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| Received a court summons today | 8/27/2008 |
Q: I received a court summons today from a law firm representing Midlands Credit Management. After ... A: I would be extremely careful what I did with this deal. You will have to do your research on this ...
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| Nationwide Credit | 8/26/2008 |
Q: American Express has sent my account to Nationwide. Nationwide says they won't accept monthly ... A: First of all, they are a 3rd party debt collector but regardless of who they are you should never ...
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| We've received a collections summons on a CitiBank account. | 8/26/2008 |
Q: My wife has just received a court summons from a collection agency's lawyer, and this account is ... A: You are very lucky the debt negotiation company wouldn't take your case. They would have just robbed ...
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| service time from date issued, summons | 8/26/2008 |
Q: I was served a summons last night, 8/25 the issue date was 7/21. I am notified to appear or face a ... A: I'd file a motion for extension of time and in your motion tell them when you got the summons. You ...
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| Served for a Debt I am paying | 8/26/2008 |
Q: Lovely, the day before my 30th B-day I'm served by the Merchants Credit Corporation. A nasty mean ... A: That's what you get for messing with a debt consolidation company. The creditors have no obligation ...
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| Summons/SOL for NM Passed/Now Live In OR | 8/26/2008 |
Q: I will do my best to state the facts clearly & succinctly as I am in need of advice: Had a free ... A: Probably more tricks but you need to call up the clerk of the court in that county and find out if a ...
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| Vol. Car Repo | 8/25/2008 |
Q: I had a car that I turned in, in 2006. I received a letter from my local saying I was being sued by ... A: You should send the second attorney a demand for validation/dispute letter immediately. Don't say a ...
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| Someone Giving Out My Number | 8/25/2008 |
Q: For over a year, I have been getting phone calls from credit agencies (either 866 number or UNKNOWN ... A: Not hard at all. All you have to do is answer the phone and demand that they give you their contact ...
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| How a representative spoke to my wife. | 8/25/2008 |
Q: At the end of May this year we had sent our credit card info to a debt management company to help ... A: Absolutely! Sue him in federal court and make him pay for his abusive tactics. Bill Bauer ...
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| BAD DEBT IN TEXAS | 8/25/2008 |
Q: I was reading your response that after 7 years a company can't sue you over the debt. and that 11 ... A: Yes, but it must say: Cease & Desist from any and all contact with me by any means whatever. She ...
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| statute of limitations defense | 8/25/2008 |
Q: I am being sued by LVNV Funding claiming to be a "factoring account" collecting a credit card debt ... A: It might be used as evidence but the best evidence rule would dictate that a statement from the ...
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| Summons/SOL for NM Passed/Now Live In OR | 8/25/2008 |
Q: I will do my best to state the facts clearly & succinctly as I am in need of advice: Had a free ... A: @ The plantiff is LVNV. Looks like something they bought from Sears Nat'l Bank. Debt dated as being ...
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| 20 Year Old Debt Collection | 8/24/2008 |
Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ... A: That would be within 5 days after their initial contact with the consumer they must have a letter ...
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| Vol. Car Repo | 8/24/2008 |
Q: I turned in my car in 2002 when I became pregnant with my second son. As a single mom, I choose to ... A: Well, your response is good but now you need to follow up with interrogatories, admissions and ...
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| 20 Year Old Debt Collection | 8/24/2008 |
Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ... A: I'd suggest that you forget all about what you have read "elsewhere" and start getting your ...
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| Received a court summons today | 8/24/2008 |
Q: I received a court summons today from a law firm representing Midlands Credit Management. After ... A: First go to your bank and get copies of the checks you paid them with. Secondly prepare your ...
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| Debt Validation | 8/24/2008 |
Q: I have written before, still with the same problem. I received a collection letter from the JDB that ... A: They can file a judgment even though they have never validated the debt. No problem. Yes, they must ...
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| debt collection | 8/23/2008 |
Q: i just recently asked a question about arbitration. i need to add to that question. i want to say ... A: Believe it or not they can do that but when it gets to your local court the judge isn't going to pay ...
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| debt collection | 8/23/2008 |
Q: we have received an arbitration claim by certified mail against a credit card debt. (claim ref. # ... A: Credit solutions? Fire them immediately. They aren't doing you any good. Fact is they are probably ...
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| Summons & Court Date | 8/23/2008 |
Q: I immediately pulled my credit report with Transunion and can find no mention of this debt. I ... A: You thought they could not proceed until they supplied you with full debt validation? Where did you ...
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| debt collection | 8/23/2008 |
Q: I received a telephone call from a debt collection company stating that they were given my account ... A: No, $400 isn't going to bankrupt that company. Neither is the $4.00 they probably paid to buy that ...
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| credit card debt | 8/22/2008 |
Q: I received a summons to appear in court for a credit card debt I haven't paid on in several months.I ... A: You must respond to the complaint. If you don't then they will get a default judgment. Once they do ...
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| hospital bills in collections | 8/21/2008 |
Q: In 2005 I had an approx. $500 hospital bill go to collections in NC. I was unable to pay at the ... A: I don't know a thing about credit reports or credit repair so I don't get into that kind of thing at ...
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| Electric Bill Collections | 8/21/2008 |
Q: I have just received two calls from a collection agency in regards to our Electric Bill from the ... A: Pay the original creditor or nobody. If you live in or near the same city where the electric company ...
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| SERVED A SUMMONS TO FORECLOSE | 8/21/2008 |
Q: I WAS SERVED A SUMMONS TO FORECLOSE ON AN INVESTMENT PROPERTY THAT I OWN AND HAVE BEEN UNABLE ... A: Postmarked date don't usually work. Has to be in the court by the due date or you lose. But what ...
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| 20 Year Old Debt Collection | 8/21/2008 |
Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ... A: First of all, as you may be aware, the debt is outside of your state's statute of limitations. Even ...
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| deficiency balance | 8/21/2008 |
Q: I have a loan thru a finance company in Washington State. The security consists of a motorcycle, ... A: Count on the fact that if you let it go bad they will sell it for much less than it is worth and you ...
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| Injured by dentist, Bill in collection | 8/21/2008 |
Q: Please help asap!! I have been receiving strange calls from an unknown tel. number, which I never ... A: First of all, why is it that you don't want to sue the dentist? You really should. Secondly, if you ...
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| NCO | 8/21/2008 |
Q: I have an outstanding debt with NCO. The Bill says that the purchased amount is $134.97 Yet they ... A: Sounds to me like you have a great case against NCO. You should sue them. If you demanded ...
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| Sued by Palisade Collections | 8/20/2008 |
Q: I received a summons stating that I was being sued by Palisades Collections for an old Providian CC ... A: What I would do is go to the clerk of the court and ask to see your public record then look for that ...
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| statue of limitations for unpaid bills in california | 8/20/2008 |
Q: my son owes alot of debt credit card, car loans,medical bills. his wife says if they wait 7 years ... A: Both of you are correct. It just depends on what statute of limitations you are talking about. She ...
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| Suit by Mann & Bracken | 8/19/2008 |
Q: Am I correct to assume that the declarations page which is not notarized but is signed by the lawyer ... A: I must assume that you didn't demand validation in writing within 30 days after you received their ...
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| Electric Bill Collections | 8/19/2008 |
Q: I have just received two calls from a collection agency in regards to our Electric Bill from the ... A: You may not want to believe what I am going to tell you but the truth is that paying the debt will ...
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| Time period after filing a response to a civil suit summons | 8/19/2008 |
Q: I filed response to a civil suit summons about a month ago and I have not received anything from the ... A: Absolutely not! They are not allowed to continue with collection attempts until they have validated ...
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| Old Debt...Midland Mgmt trying to pursue legal action! | 8/19/2008 |
Q: I have an old debt with Associates Company! The debt is almost 9 years old and has been passed along ... A: According to some courts, the letter threatening legal action can be construed as a violation. ...
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| Vol. Car Repo | 8/18/2008 |
Q: I had a car that I turned in, in 2006. I received a letter from my local saying I was being sued by ... A: So you have been served with a summons and copy of the complaint or not? That has to be the first ...
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| auto lien | 8/17/2008 |
Q: I was involved in an accident in Nov.o7 and have not worked or made any income since. I have a ... A: Have your friend put a lien on it for whatever it is worth. Sign a contract with him to pay him the ...
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| 9 year old debt | 8/17/2008 |
Q: I was just contacted today, Sunday August 17th, by a collection agency. The person I spoke with ... A: The first thing to do is remember that since that is their initial contact with you they have 5 days ...
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| Civil summons for invalid debt beyond SOL | 8/17/2008 |
Q: Yesterday I received a certified letter from the county courthouse listing me as a defendant in a ... A: I sure would like to see an actual copy of that affidavit. Is there any way you can send it to me? ...
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| Collection on old credit card debt past sol | 8/17/2008 |
Q: State is NC.I was sent a collection notice from ATG CREDIT ,LLC.Account has been referred to them ... A: That presents a bit of a problem. You know the debt is past SOL because the account number is for a ...
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| Civil summons for invalid debt beyond SOL | 8/17/2008 |
Q: Yesterday I received a certified letter from the county courthouse listing me as a defendant in a ... A: Time barred is approximately correct. Motion to dismiss for failure to state a claim upon which ...
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| Civil summons for invalid debt beyond SOL | 8/16/2008 |
Q: Yesterday I received a certified letter from the county courthouse listing me as a defendant in a ... A: Why would you file an answer to any debt regardless of age? Of course, you must respond to the ...
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| unfair car repossession | 8/16/2008 |
Q: I would just like to ask about car repossession and as well as deficiency judgement. My story was ... A: I certainly do use different methods. I vehemently disagree with such scams as those you mentioned. ...
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| Being Sued by JP Morgan Chase | 8/15/2008 |
Q: I was served with a lawsuit for full payment of my credit card. The problem is that I was on a ... A: I'd go for it pro per knowing that I would most likely lose in local court. But I would look for ...
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| Responding to Bill of Particulars | 8/15/2008 |
Q: I am the plaintiff. The defendant is my ex-husb. He hired a lawyer when I filed a warrant of debt ... A: The first thing you should do is to check both your state and local court rules to see if they allow ...
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| Time period after filing a response to a civil suit summons | 8/15/2008 |
Q: I filed response to a civil suit summons about a month ago and I have not received anything from the ... A: Most affidavits are false or misleading one way or another. Many are outright lies that can be ...
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| Spellman & Roman | 8/15/2008 |
Q: This co. called me this morning threatening to have my husband arrested if we didnt come up with ... A: No, it is not legal for them to do that. You can't do much about it if you can't prove that they did ...
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| Civil Summons Update | 8/15/2008 |
Q: I just submitted a question and after I did I did some research and found that according to my ... A: That would not be a good approach to the problem at all. First of all, letters to the court are not ...
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| statute of limitations | 8/14/2008 |
Q: I had a credit card in Connecticut in late 1990. I moved to Rhode Island in 1999.An agreement with ... A: There are actually three different statutes of limitations that can be used in credit card debt ...
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| RE: How do i find out how much i really owe the bank? | 8/14/2008 |
Q: Expert: Creditwrench Date: 8/11/2008 Subject: How do i find out how much i really owe the bank? ... A: Is answering the best thing to do? Well, what is your answer going to be? That should tell whether ...
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| Summon for Medical Bill | 8/14/2008 |
Q: I live in Washington State and I have received a summons regarding a medical bill from Christmas ... A: You are absolutely correct in saying that the validation letters to be found all over the internet ...
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| Judgement | 8/14/2008 |
Q: I read some of your questions and answers on your website. I can certainly can relate! I was served ... A: Why would you want to pay some gentleman who has a friend who is an attorney and would cost over ...
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| Collecters harassing me about someone else | 8/13/2008 |
Q: I receive a good three, five, sometimes ten phone calls a day from what seems on my caller ID to be ... A: Before you can take legal action against these people you need causes of action. To get your causes ...
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| Law suit against me from Global Acceptance Credit Corp. LP | 8/13/2008 |
Q: First: The DLA on the debt is 06/05. The complaint was filed 05/27/08. I never received any letters ... A: You won't be successful with a statute of limitations defense then. Inside is inside and outside is ...
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| prevent a medical bill from going to judgement | 8/13/2008 |
Q: My question is 10/28/07 my husband had acute appendicitis he was operated on our insurance paid at ... A: Legal rights? Well, you have the legal right to fight about it for whatever good that will do you. ...
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| Being Sued by Dynamic Strategies, inc. | 8/13/2008 |
Q: my wife was just served papers on my behalf from a company called Dynamic Strategies, Inc. They are ... A: Yes, there are some legal loopholes that can get you past this problem. Can you prove when you made ...
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| judgements | 8/13/2008 |
Q: Credit card company recently froze 2 of my checking accounts and a savings account which was not ... A: There is a way or maybe even two ways to do that But in order to tell you whether or not that is ...
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| being sued by BofA | 8/13/2008 |
Q: Greetings Bank of America has "sold" my debt to a third party collector-for what it seems anyway. ... A: I was just inclined to want to do that.. however is it legal to record voice mails in NC, if not as ...
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| being sued by BofA | 8/13/2008 |
Q: Greetings Bank of America has "sold" my debt to a third party collector-for what it seems anyway. ... A: For right now all I can tell you is don't call them back and save those voice mails. Record them if ...
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| received non jury roster | 8/12/2008 |
Q: i live in the state of south carolina. i received a non jury roster for a collection from the year ... A: Ok so you are in good shape for a SOL defense. Household bank is not a collection agency nor is it a ...
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| sued by capital one | 8/12/2008 |
Q: I received a civil summons on Aug 3 2008. I am being sued by capital one for a $1580.00 that with ... A: Court appointed lawyer? What court appointed lawyer? This isn't a criminal case and only those ...
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| Voluntary Repo | 8/12/2008 |
Q: My brother voluntarily repoed his Hundai Sonata in July of 2004. Somehow, someway, they are just ... A: Your father needs to send a cease & desist letter to the collection agency. That should stop them. ...
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| judgements | 8/12/2008 |
Q: Credit card company recently froze 2 of my checking accounts and a savings account which was not ... A: One thing you might do if the other family members are adults is to have them sue for wrongful ...
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| statue of limations | 8/12/2008 |
Q: My ex-husband had a car repossessed in 2000. I am on the loan as well and they are coming after me ... A: Pennsylvania statute of limitations is 6 years so it is well outside the statute of limitations. ...
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| Time period after filing a response to a civil suit summons | 8/12/2008 |
Q: I filed response to a civil suit summons about a month ago and I have not received anything from the ... A: I can't answer that. Maybe the clerk of the court could give you some kind of answer. So what was ...
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| received non jury roster | 8/12/2008 |
Q: i live in the state of south carolina. i received a non jury roster for a collection from the year ... A: Then you must respond to the complaint or they will get a default judgment. Can you prove when you ...
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| judgements | 8/12/2008 |
Q: Credit card company recently froze 2 of my checking accounts and a savings account which was not ... A: You may have little choice since you didn't do the proper things back then. If you can tell me ...
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| Judgement on Civil Case | 8/11/2008 |
Q: I owed a debt and missed a court date. When I tried to straighten it out, they told me the judgement ... A: Don't worry about the car. It is safe in your step dad's name. The only thing you really have to ...
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| How do i find out how much i really owe the bank? | 8/11/2008 |
Q: Mr Creditwrench, I called BOA to find out how much I really owe they said it was charged off and ... A: You will probably never find out how much you really owed the bank. The truth is that they sold the ...
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| colections | 8/11/2008 |
Q: My fiance' and I recently had a baby and we have some left over med bills....they are not outrageous ... A: No, You have to make better arrangements that they will accept. Call them up and see what the ...
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| judgement | 8/11/2008 |
Q: I just received a summons I am being sued by a credit card company I know if I don't answer this ... A: Basically speaking they can't do a thing to you except hurt your credit even more than it already ...
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| Civil Court Debt Collection/Ohio Law Firm | 8/11/2008 |
Q: In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane ... A: While I do have several blogs a better way is for you to join in on our Friday night conference call ...
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| Civil Court Debt Collection/Ohio Law Firm | 8/10/2008 |
Q: In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane ... A: What you seem to fail to understand is that there is only one question before the court and that is ...
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| Being Sued by Capital One | 8/10/2008 |
Q: I received a Summons and Complaint Aug. 1, 2008. I live in Michigan I am being sued by Capital One ... A: If you file an answer and take your chances with the judge the outcome is a foregone conclusion. ...
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| Civil Court Debt Collection/Ohio Law Firm | 8/9/2008 |
Q: In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane ... A: First of all, your request to dismiss based on violation of FDCPA is going to get denied. FDCPA ...
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| auto repossession | 8/8/2008 |
Q: Our auto was repossessed and sold at auction. The finance company lists the debt as charge off on ... A: If they have not done anything wrong in their collection efforts then you might want to see to it ...
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| Being Sued by Capital One | 8/7/2008 |
Q: I received a Summons and Complaint Aug. 1, 2008. I live in Michigan I am being sued by Capital One ... A: I probably got it but to know for sure let me ask you a question which will help me identify your ...
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| Judgement on Civil Case | 8/7/2008 |
Q: I owed a debt and missed a court date. When I tried to straighten it out, they told me the judgement ... A: Forget the appeal. That is a waste of time and money. You are a single mom so what do you do for ...
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| summons | 8/7/2008 |
Q: My daughter just got a summons to appear in court because of a credit card debt that she has not ... A: Michigan is not a community property state. What can the credit card company do next? That may ...
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| Debt Collection and the Army | 8/7/2008 |
Q: I am a Army National Guard soldier and do to my wife loosing her job and a decrease in my income I ... A: I don't know about military law or regulations so can't answer much about that but I tend to doubt ...
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| auto repossession | 8/7/2008 |
Q: Our auto was repossessed and sold at auction. The finance company lists the debt as charge off on ... A: Can they put a lien on your home? Yes, they can do that. You cannot afford to pay the debt? Don't ...
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| Civil Summons for credit card | 8/7/2008 |
Q: I have just been served a civil summons for a debt that they say I owe, I know the amount is no ... A: I can't possibly answer your question with no more information than you have given me. Among the ...
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| arbitration/registration of award | 8/6/2008 |
Q: I signed an agreement with a well known law firm in CA to negotiate my debts. MBNA took me to ... A: There are several things I need to know in order to help you. 1. What state do you live in? 2. ...
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| Signing a Consent Judgment | 8/6/2008 |
Q: (Arising from lawsuit after an accident where my ins. had lapsed)After a long fight with insurance ... A: Absolutely do not sign any kind of stipulated agreement or judgment of any kind. Those things are a ...
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| Collections | 8/6/2008 |
Q: I have a loan that was a joint account that defaulted during a seperation. The vahicle was ... A: Expect a lawsuit. You should start now to learn how to fight lawsuits without a lawyer. It really ...
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| Summons for Credit Card Debt | 8/5/2008 |
Q: I received a Summons on 7/31/08 to pay debt that I owe to US Bank. I am in the process of filing ... A: I'd say you should ignore that lawyer and file a response to the summons. I'd also send a validation ...
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| How to answer a civil summons? | 8/5/2008 |
Q: I just want to know how to answer a civil summons I received this past Saturday 8/2/08. It is from ... A: How to answer a civil summons? That's what I teach my creditwrench students. However there is a link ...
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| Being Sued by Capital One | 8/5/2008 |
Q: I received a Summons and Complaint Aug. 1, 2008. I live in Michigan I am being sued by Capital One ... A: Well, the first thing I need to know is when you made your last payment to the creditor and on ...
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| Prior to a Civil Judgement... Ohio | 8/4/2008 |
Q: I received a summons for a civil action. This is regard to money owed to a credit card company. I ... A: Yes, you can do that. The worst they could do is to file an action to have the sale or transfer ...
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| Texas: Debt Collection Law Suit & Statute of Limitations | 8/3/2008 |
Q: I live in Texas. I have an outstanding debt for collection of an unpaid balance on a car loan. The ... A: The thing for you to do is go to the county clerk's office and ask to see your public record. They ...
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| Car Repossesion | 8/3/2008 |
Q: I voluntarily turned in my car at the dealership. While in their possession the car was in an ... A: The fact of the vehicle having been in an accident would not make a difference on the total amount ...
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| Texas: Debt Collection Law Suit & Statute of Limitations | 8/3/2008 |
Q: I live in Texas. I have an outstanding debt for collection of an unpaid balance on a car loan. The ... A: My questions are: 1. Am I correct in my interpretation of the SoL on the start date of the SoL? I ...
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| Collection fee for a medical claim paid late | 8/2/2008 |
Q: . My name is Dainy, and this is my quest. I recvd a bill from a collection agency for over $1000.00. ... A: That is just a small portion of what you learn when you become a credit wrench student but you can ...
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| out of state judgement | 8/2/2008 |
Q: I was on the verge of Bankruptcy 5 years ago, but have worked out of it. At the end of February, ... A: They will garnish your wages and maybe take property but that depends on the laws of whatever state ...
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| Collection fee for a medical claim paid late | 8/1/2008 |
Q: . My name is Dainy, and this is my quest. I recvd a bill from a collection agency for over $1000.00. ... A: You can get hung for those collection fees so you need to learn how to fight back. The reason you ...
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| Sued, Liened, and Maxed Out | 8/1/2008 |
Q: I just settled with IRS who is taking all of my disposable income every month (theres *barely* ... A: I'd let them sue me. I know you are very frightened by what might happen if they get a judgment and ...
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| collections agency | 8/1/2008 |
Q: I received a letter from a collection agency in regards to a sears card over 10 years ago. This ... A: Well then not to worry. First thing to do is send them a validation/dispute letter. Second thing to ...
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| out of state judgement | 8/1/2008 |
Q: I was on the verge of Bankruptcy 5 years ago, but have worked out of it. At the end of February, ... A: Now then, the next question is how can you prove that it was outside of statute of limitations for ...
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| Midland Credit management | 7/31/2008 |
Q: I received a formal letter from these guys saying that I owe Citibank 750.00. The kicker is, this ... A: There are several lines of defense to this type of situation. The first is to be able to prove that ...
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| Do I just Default? | 7/31/2008 |
Q: 30 K to Chase. Divorced 2 years ago and had about 15 k outstanding after I absorbed all the debt in ... A: When it comes to debt related problems lawyers are most often a waste of money if you can even find ...
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| sued for credit debt | 7/31/2008 |
Q: I'M being sued for credit card debt that has done went off my credit report but the statue of ... A: The answers to this kind of problem are almost always the same. You are being sued so you must ...
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| Help! I'm being sued over unpaid medical bills | 7/31/2008 |
Q: I received court papers last night stating that I am being sued over unpaid medical bills. I had ... A: First of all send a demand for validation to the attorney certified mail return receipt requested. ...
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| Collection Call | 7/30/2008 |
Q: I am very upset, I just received a call at my work. It was from someone who claimed to be an ... A: Will you be OK? I suppose that depends on what you call "OK" and you didn't give me any specifics ...
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| Old Debt and Pending Lawsuit | 7/30/2008 |
Q: Back in 1999, I opened a Clout Visa. I made some poor credit decisions and then fell behind on my ... A: Yes. Read http://www.creditwrench.com/default.html and the links below and you will know exactly ...
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| Suit by AMEX | 7/30/2008 |
Q: I recently received the citation from the Dallas County Court regarding a case with AMEX. ... A: You already agreed to arbitration (mediation) and spent $450 to shoot yourself in the foot? That's ...
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| Deficiency on volunteer surrender | 7/30/2008 |
Q: About 6 months ago, after much soul searching and budget making attempts, we did a voluntary ... A: You are asking me a range of questions but I can't tell you a thing about the insurance stuff. I can ...
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| received summons | 7/30/2008 |
Q: About 3 years ago I lost about $400 in income. I tried negotiating with my 3 credit card bills and ... A: It might but I have my doubts about that. Don't think that would cause a judge to dismiss the case ...
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| received summons | 7/29/2008 |
Q: About 3 years ago I lost about $400 in income. I tried negotiating with my 3 credit card bills and ... A: Obviously you will have to respond to the plaintiff's complaint or they will get a default judgment. ...
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| no client at pretrial | 7/29/2008 |
Q: I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to ... A: I have no idea when they might refile it again or if they even will. One thing you want to remember ...
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| Amex GC Services | 7/29/2008 |
Q: One of my Amex accounts was recently (7-28-08) turned over to GC Services. I had been trying to work ... A: You want real debt relief? What do you think a debt relief company might be able to do for you? I ...
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| judgment filed against me | 7/29/2008 |
Q: A judgement was filed against me, they have the wrong person. it was filed in 2005. This is 2008. I ... A: The lawyer is probably telling you the truth. On the other hand telling you that if the judge does ...
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| Car reposession | 7/29/2008 |
Q: My car was reposessed yesterday. What true rights do I have in this situation. They took it in the ... A: None of those are violations of law if you live in what is known as a "self help" state such as ...
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| automobile loan default | 7/29/2008 |
Q: I live in Californai and my auto loan defaulted 4 years back and the bank decided against ... A: Well, if I were in that circumstance I just might stop and think about what would happen if I were ...
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| Haunting Debt | 7/28/2008 |
Q: I applied for a credit card with state farm bank in 2003. They had asked me did I want to let anyone ... A: First thing you need to learn is what FDCPA will let you demand of them. I don't think you can find ...
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| Verbal Agreement | 7/28/2008 |
Q: 4 years ago I had my soon to be brother-in-law purchase two properties. I told him that I would only ... A: Problem is that this is not the type of debt that falls under consumer law. Since I'm not a lawyer I ...
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| Car reposession | 7/28/2008 |
Q: My car was reposessed yesterday. What true rights do I have in this situation. They took it in the ... A: Do you have the money? Do you want the car back? Quite frankly if I were to get a car repoed I'd ...
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| notice of hearing on claim exemption | 7/27/2008 |
Q: I have a large judgment against me from a credit card debt; recently my checking account was ... A: I can't offer you much in the way of advice on that type of situation except to say that you must ...
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| Arbitration Hearing Please Help! | 7/27/2008 |
Q: I am being sued over a Providian credit card that was sold to Calvary Portfolio Services in ... A: annette, I'm truly sorry that you felt that my answers to your questions were not helpful. Let's see ...
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| getting proof of payment | 7/27/2008 |
Q: I went to court on a debt collection in Sept of 07. During the Pre-Trial conference, the attorney ... A: I'd simply demand a payoff balance as of the date of the letter. Send that certified and if they ...
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| Case was Dismiss with prejudice | 7/26/2008 |
Q: In Dec. 2007 I win a debt collection case in Maricopa County Justice Court, Phoenix, Arizona. ... A: 1.I have no significant knowledge of this account, therefore I’m disputing it. Please validation ...
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| Case was Dismiss with prejudice | 7/26/2008 |
Q: In Dec. 2007 I win a debt collection case in Maricopa County Justice Court, Phoenix, Arizona. ... A: While the case in Maricopa county may have been dismissed with prejudice that has no bearing on ...
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| NCO Financial Services | 7/26/2008 |
Q: I currently have a Capital One account that is charged off and was sent to NCO. I called to see what ... A: Of course not. They can do what they say they will do. Best you start learning how to defend against ...
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| legal papers | 7/26/2008 |
Q: do i have to accept court papers when a sheriff brings them to my home A: No, you don't have to accept them but it won't make any difference whether you accept them or not. ...
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| car repo and court | 7/25/2008 |
Q: My husband (who is on social security) and I voluntarily gave up our minivan in May of 2007. I(not ... A: What state do you live in? Where does it say you can go to jail if you don't show up? Don't sound ...
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| debt management | 7/25/2008 |
Q: I am presently in a debt management program. I redently was sent a civil action notice in regards to ... A: The fact of the debt management program and your participation in such scams won't make a lick of ...
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| judgement after statue of limitations had expired | 7/25/2008 |
Q: I recently learned of a judgement against my husband, when we checked his credit report. This was ... A: Sounds to me like you have quite an injustice to deal with here. These kinds of things can be ...
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| credit card debt | 7/25/2008 |
Q: I'm being sued by a creditor. I gave an Answer. A few days later I sent a validation letter via ... A: Seems to me that the debt has to be outside the statute of limitations. You need to respond to the ...
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| Collector sues my daughter for a medical bill | 7/25/2008 |
Q: My daughter got served with court papers by a collector, to pay an old medical bill from a hospital. ... A: What are her rights? In a way that depends on whose ox is getting gored. As far as the debt ...
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| Confused in CA about garnished wages | 7/24/2008 |
Q: I just received a garnishment letter from my employer. They forward to me only parts of the ... A: You will probably have to get a court order for any kind of exemption and that isn't going to get ...
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| Cambece Law Firm collections | 7/24/2008 |
Q: My husband of 11 days has been making monthly payments to the Cambece Law Firm for several years now ... A: Cambece Law Firm ranks high on anyone's list of the worst collection agencies. They can do any one ...
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| Garnish my paycheck?! | 7/24/2008 |
Q: I had a Ballys Contract back in 2004 that i stopped going to and eventually stopped paying. I ... A: Can he garnish your paychecks? He can if he gets a judgment first then gets a garnishment order. ...
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| debt collection - I will put it in a outline form | 7/24/2008 |
Q: 1. I was receiving letters from Worldwide Asset Management and never answer a one of the letters. 2. ... A: The amount you can sue for depends on many factors. Far too many to even begin to estimate. I have ...
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| no client at pretrial | 7/23/2008 |
Q: I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to ... A: What should you do now? Looks like you are doing fairly well on your own so far. That's great. I ...
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| collections on medical bill | 7/23/2008 |
Q: My fiance and I clean for two very dear friends of ours, Martha and Arnold. They are on a fixed ... A: They really don't have much to worry about. Their ss checks cannot be garnished for any reason by ...
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| Debt collection practices | 7/23/2008 |
Q: I was unemployed between August 2006 and August 2007 and as a result defaullted on a number of debts ... A: You have no recourse at all so long as you are trying to cooperate with them. They take your good ...
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| forecloser | 7/23/2008 |
Q: I cannot pay for my house and bank is foreclosing. If the bank sells the house and it leaves a ... A: You can be liable for the balance but they usually don't bother trying to collect it. If they did ...
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| Confused in CA about garnished wages | 7/22/2008 |
Q: I just received a garnishment letter from my employer. They forward to me only parts of the ... A: Legal aid isn't going to help you. You say you would have been more proactive if you had been the ...
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| debt collection - I will put it in a outline form | 7/22/2008 |
Q: 1. I was receiving letters from Worldwide Asset Management and never answer a one of the letters. 2. ... A: You may not agree with what I would do but every time they called I would simply tell them that I ...
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| Debt Collecctions lawsuit | 7/22/2008 |
Q: My Daughter is being sued by to collect a debt she doesn't even believe is hers. She has requested ... A: Well, first thing I look for is the statement that those emails come from a debt collector and I see ...
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| Citibank Lawsuit | 7/22/2008 |
Q: I got behind with Citibank last year due to illness. Naturally they wouldn’t work with me and I gave ... A: First of all, I've just started a new egroup on Google. I'm going to post all the questions and ...
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| one month behind | 7/22/2008 |
Q: I have been financing my wife real estate business for 2.5 years hoping she could pay back, ... A: Your plans sound very rational and well laid. Looks like you have it all figured out as to what is ...
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| Unable to pay unsecured debts | 7/22/2008 |
Q: I work and make a decent income and my wife is at our home with our 3 children. We've been ... A: If you can't make it you can't make it. Don't do that which is impossible for you to do. The present ...
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| Collections Law | 7/21/2008 |
Q: I understand that I will receive a 1099-C for the amount of debt discharged by a credit card ... A: Well, I'm not a tax expert by any stretch of the imagination but I do know a little about this to ...
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| COLLECTION AGENCY | 7/21/2008 |
Q: I HAD A BILL FROM 10 YEARS AGO IT HAS BEEN TAKEN OFF MY CREDIT REPORT BUT IT STILL KEEPS GETTING ... A: I keep getting this same question over and over again. The answer is always the same. The only way ...
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| Summons by First Resolution Investment to appear in Court | 7/21/2008 |
Q: I am being summoned to appear at the Superior Court of California, Riverside County for a credit ... A: If I were in your situation I think I would respond with a graduated denial, then follow that with ...
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| Lawyer demanding high payments | 7/21/2008 |
Q: I hired a lawyer (or should I say, he hired himself, since he was a friend of the family) for a ... A: With friends like that who needs enemies? (LOL) Can they force you to pay them based on an oral ...
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| no client at pretrial | 7/21/2008 |
Q: I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to ... A: Motion not granted? That's not surprising. That wasn't a valid reason to dismiss. I think you would ...
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| collections agency | 7/21/2008 |
Q: I have a Dr. bill I am paying on. I received a call from the Collection agency that has it. She ... A: Will they turn this over to an attorney? I can't answer what they will do. Only they know the answer ...
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| Citibank Lawsuit | 7/21/2008 |
Q: I got behind with Citibank last year due to illness. Naturally they wouldn’t work with me and I gave ... A: I'm sure you have read such articles as you describe. Such theories sound really great. Theories ...
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| Credit Card Debt | 7/21/2008 |
Q: I am not sure if this is the right place for this concern but I'll try anyhow. I am currently a ... A: What do I recommend that you do at this point? Just what you do each school day. Study and learn. ...
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| paying debtor instead of collection agency | 7/20/2008 |
Q: I received a bill from a doctor 6 months after treatment. While I was researching the validity of ... A: First of all the doctor is not the debtor. You are. The doctor is your creditor and the collection ...
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| Lawyer filed suit but never served me. | 7/20/2008 |
Q: A local attorney filed suit for Accept Acceptence but I was never presented a served notice. I dont ... A: You need to actually race down to the courthouse and ask to see the case file then ask for court ...
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| WRITE OFF'S | 7/20/2008 |
Q: IF AN ACCOUNT HAS BEEN WRITTEN OFF AND 9 YEARS LATER A COLLECTION AGENCY CALLS YOU ASKING FOR THE ... A: Sorry if I didn't answer all your questions or didn't answer them with sufficient clarity. Can ...
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| Calvary Portfolio Services, LLC | 7/20/2008 |
Q: i am new to this site and i have reviewed some of the questions & answers. I like the responses to ... A: They are not wasting your time nor the court's time if you don't respond to the summons and ...
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| Multiple agency's. after me I dont know what to do. | 7/20/2008 |
Q: I defaulted 3 years ago when my company was going under. I defaulted on 3 cards in late 2005 ... A: Yes, I go through all of that in one of the links above and yes, I realize that there is a mountain ...
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| Late ex-wifes debts | 7/19/2008 |
Q: My wife and I separated in June of 2001 and were divorced in October 2003. Before she moved out we ... A: They have to sue you in the county in which you live. If you get sued for a consumer debt in any ...
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| judgement | 7/19/2008 |
Q: I have an old debt which I think the statute of limitations may have run out but I didn't know about ... A: I can't really answer your questions here because they take personal investigation by you. The only ...
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| WRITE OFF'S | 7/19/2008 |
Q: IF AN ACCOUNT HAS BEEN WRITTEN OFF AND 9 YEARS LATER A COLLECTION AGENCY CALLS YOU ASKING FOR THE ... A: No. Bill Bauer 405-684-9297 405-227-9423 Make money using this search engine instead of Google, ...
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| Credit card Fraud | 7/18/2008 |
Q: My sister got credit cards in my name without me knowing about it back in 2001 and up until 2006 i ... A: Im sure you don't want your sister going to jail over this. I'm sure that would cause a terrible ...
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| Collections and cease and desist letters | 7/18/2008 |
Q: I was contacted by Hyat, Hayt, & Landau in regards to a matter they acquired thru Asset Acceptance. ... A: The only way you will get any relief is to sue them in federal court. You seemingly have lots of ...
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| collections | 7/18/2008 |
Q: my name is Keonna and while I was in college I stopped paying my credit cards. This collection ... A: Yes it can and probably will happen sooner or later. You say that you are afraid that they still ...
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| collection summons. | 7/18/2008 |
Q: I recently got handed a summons paper today. I really don't know what to do as i have no experience ... A: You have been served with a summons and complaint. Now it has suddenly become much more serious than ...
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| Breach of contract | 7/17/2008 |
Q: Totaled car with no insurance 1997; owed $6400 on loan, lost job with no ability to pay. This week ... A: call me and I will go through the questionaire and help you give the best answers possible without ...
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| judgement | 7/17/2008 |
Q: I have an old debt which I think the statute of limitations may have run out but I didn't know about ... A: No, you have to plead a statute of limitations defense at the hearing. You have to prepare it in ...
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| Payday Loans | 7/16/2008 |
Q: I am in trouble with too much payday loan debt. As of now I am current on everything, ... A: They can't get to your disability or pension checks. Don't close any bank accounts and keep just a ...
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| debt elimination | 7/16/2008 |
Q: I've heard that there is a company in Alabama called Court Mediation Services, which claims to be ... A: Give me a call and I'll show you how to do it the right way and it will cost you less than $1000.00 ...
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| judgment | 7/16/2008 |
Q: A judgment was filed against me in 2002. I recently ordered a copy of my credit report and ... A: He sure can if you don't stand up and fight. For instance, you say the judgment was filed against ...
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| debt elimination | 7/16/2008 |
Q: I've heard that there is a company in Alabama called Court Mediation Services, which claims to be ... A: No, I don't know anything about them other than the fact that they are in Phoenix City, Alabama. ...
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| Foreclosure after chapter 7 discharge, mortgage included | 7/16/2008 |
Q: I filed for chapter 7 in December of 2005, discharge was in Feb, 2006 which included my home ... A: Just a formality? I'll believe that when I see pigs flying by flapping their ears. Yes, they will ...
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| Chase Attorney's | 7/16/2008 |
Q: I have an old Chase Credit Card from back in college that paid for my final semester. When I ... A: Desperate and stressed? Why not learn how to fight back and give them more grief than they are ...
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| Agreement violation | 7/16/2008 |
Q: I was sued and I lost and I entered into a written payment agreement. I made my first payment and ... A: So keep the copies you have so you don't run out and send them a set. Can you file any papers with ...
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| Garnish Wages | 7/16/2008 |
Q: I have just got a notice from my work that my wages will be garnished by a co Hyat Hyat Landau and i ... A: The question(s) are how did it happen that you got a judgment against you and you didn't even get a ...
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| Agreement violation | 7/16/2008 |
Q: I was sued and I lost and I entered into a written payment agreement. I made my first payment and ... A: You should have a copy of the money order before you sent it. If I send a money order or a check to ...
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| Charged-Off Accounts and Debt Reporting | 7/15/2008 |
Q: I live in California. I have several marks on my credit from agencies that purchased my debt from ... A: Depends on which statute of limitations you are asking about but it appears that you are asking ...
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| Debt collectors & credit reporting | 7/15/2008 |
Q: My stepson (Dyllan)was buying a vehicle when he was told he had a debt in collection. He had never ... A: You should be keeping a careful written history of all that has transpired so you can sue them in ...
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| letter from a law office | 7/15/2008 |
Q: Just asking if a law office sent me an e-mail if the law office has to be in the same state to take ... A: Do they have to be in the same state? No, not to send you an email. They don't have to be in the ...
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| Wage and Bank Account Garnishments | 7/15/2008 |
Q: My wages and bank accounts have been garnished. What can I do to try to get these removed in ... A: Normally speaking it is not possible to get garnishments removed in any state. You owe the debt and ...
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| Civil Summons | 7/14/2008 |
Q: My dad has been served with a civil summons. He does not speak the language very well so I must ... A: All I can say is that if he has been served with a summons he must go to court and argue the case. ...
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| debt collection third party | 7/14/2008 |
Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ... A: Now you knnow why I always recommend that people get themselves a good digital voice recorder and ...
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| debt collection third party | 7/14/2008 |
Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ... A: Why do you want to pay them when you can easily make them pay you instead? You were abused by them ...
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| debt collection third party | 7/14/2008 |
Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ... A: Yes, it is illegal to threaten to do that which they know cannot be done. Payday loan companies ...
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| Agency harassment | 7/14/2008 |
Q: I paid off my Capital One credit card at least six months ago. After receiving the payment, they ... A: The first thing is to get rid of the calls either by sending them a certified mail return receipt ...
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| Court Summons from Debt Collector | 7/14/2008 |
Q: "On Friday, I was presented with a Summons demanding that I provide an answer to the complaint ... A: I can't help you with bankruptcy and wouldn't even if I could because bankruptcy is a mess you don't ...
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| medical bill payments | 7/12/2008 |
Q: I owe $300 for a overnight hospital stay last fall. I have been paying $10 a month on this bill ... A: Do whatever you can do. Best if you just pay them and be done with it. Bill Bauer 405-684-9297 ...
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| Payday loans | 7/11/2008 |
Q: I live in Texas. I have too many payday loans and cannot pay them. Some of them required that I ... A: NO. District prosecutors won't take a complaint from a payday loan company because they knew that ...
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| Summons On old dept | 7/11/2008 |
Q: I just received a summons on a old credit card dept from Jan 2002. I looked up Ca is says SOL is 4 ... A: Yes, there is a link in the body of my first reply that goes through that as will as there being ...
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| Civil summons on credit card debt. | 7/10/2008 |
Q: I let this credit card get away from me because I tried to make payments with the credit card ... A: In far too many courts they don't have to prove anything at all to get a judgment. They ask for it ...
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| Civil summons on credit card debt. | 7/10/2008 |
Q: I let this credit card get away from me because I tried to make payments with the credit card ... A: How will you answer the summons? What will you say? How will you prove that the statute of ...
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| collection | 7/10/2008 |
Q: My daughter received a summons to appear in court on 7-29-08 from Midland credit management for ... A: You are going to have to respond to the summons, of course. Both of you need to respond. I'd use a ...
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| Summons On old dept | 7/10/2008 |
Q: I just received a summons on a old credit card dept from Jan 2002. I looked up Ca is says SOL is 4 ... A: If you don't prepare and file a properly written SOL defense they will get the judgment no matter ...
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| Statute of limitations | 7/10/2008 |
Q: What is the statute of limitations on medical debt (open contract?) in the state of Nebraska? ... A: Check out the link below that says Statute of limitations for all states" Bill Bauer 405-684-9297 ...
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| 2 accounts - same CA | 7/10/2008 |
Q: I'm in a predicament. Not intentionally... but I'm there and need some help getting myself out the ... A: You are asking me to speculate on what the outcomes might be and unfortunately I can't do that. I ...
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| 2 accounts - same CA | 7/9/2008 |
Q: I'm in a predicament. Not intentionally... but I'm there and need some help getting myself out the ... A: The first thing I would do is go directly to the tax collector's office and try to pay them directly ...
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| Sued by credit card company | 7/8/2008 |
Q: I received papers from a constable for a lawsuit from a credit card company. The plaintiff is the ... A: So you got served with a summons? I've answered this same question so many times that it is ...
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| received entry of default due unpaid credit cards | 7/8/2008 |
Q: i had bank of america credit cards about 3yrs ago, from losing job, single mom and medical bills. ... A: You should not file for bankruptcy because it is expensive and it also wrecks your credit. Although ...
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| Civil Suit from Collection agency Chase Credit Card | 7/8/2008 |
Q: I was served court papers from a collection agency that is suing me for an old Chase Credit card I ... A: You must be making about $3000 a month in order for them to take $750 of it via garnishment. Quite ...
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| Apartment debt nightmare | 7/8/2008 |
Q: My husband never paid our last month's rent in March 2006 (GA) due to loss of job (we notified the ... A: You need to learn about your rights under the law and how to defend them. Once a third party debt ...
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| Collection Law | 7/8/2008 |
Q: I received routine medical care from a physician that accepted my insurance reimbursements as full ... A: Yes, you do have recourse and it lies in the Fair Debt Collection Practices Act. Your first step ...
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| Dead breat spouse debt | 7/7/2008 |
Q: My spouse decided to move out and leave me and my daughter in May of 2007. Until divorce papers are ... A: OK then that is good for you. What you need to do is to send a demand for validation and dispute of ...
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| NAF Award | 7/7/2008 |
Q: NAF (Nat'l. Arbitration Forum) has awarded BofA debt award. How do I counter? A: You can't counter until they try to take it to your local court and attempt to reduce it to a ...
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| Debt collection threats | 7/7/2008 |
Q: I am working with a lady at church who got a small pay day loan of 280. Today they called and said ... A: I've called you and left you a voice message. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED ...
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| Dead breat spouse debt | 7/7/2008 |
Q: My spouse decided to move out and leave me and my daughter in May of 2007. Until divorce papers are ... A: Whether or not you both owe the debt can depend on whether or not you live in a community property ...
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| Lawsuit Midland Collection | 7/7/2008 |
Q: I have received an "Answer to Complaint" notice for a credit card debt that has been sold to ... A: Yes, I may be able to help you. I'm not an attorney and I can't give you legal advice but I can show ...
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| Being Sued | 7/6/2008 |
Q: I was very recently served via mail with a summons to Kings County court (Brooklyn, NY) for ... A: Sounds to me like you may have goofed up royally. Here is why I say that. You say you are going ...
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| help with bank of america | 7/6/2008 |
Q: I have used this site in the past and my situation is bringing me for this thing that has arose in ... A: What is your first step? Quit worrying about that which you can do nothing about. Forget about ...
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| Indiana Debt Collection Statute of Limitation | 7/6/2008 |
Q: I cannot find the paperwork stating I paid off a debt to a local community college and have recently ... A: Yes. Please refer to my link for statute of limitations below. Bill Bauer 405-684-9297 405-227-9423 ...
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| Judgment against my wife and I before we got married | 7/5/2008 |
Q: 11 years ago I had an emergency appendectomy. I was engaged at the time. My wife does our finances ... A: Maybe, maybe not. The better argument is to file a lawsuit against the debt collector lawyer for ...
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| being sued by credit card co | 7/4/2008 |
Q: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when ... A: You really cannot the opinions of WhyChat or any other guru including myself or that of any lawyer ...
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| Received Summons, but no complaint.... | 7/4/2008 |
Q: I moved on the first of the year and recently received a district court summons via US mail ... A: Get around giving your new address to the atty and defendant? First of all you are the defendant. ...
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| being sued by credit card co | 7/4/2008 |
Q: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when ... A: I didn't notice tha you live in CO and mistakenly believe that the statute of limitations for credit ...
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| sued for 10-year-old debt of $200 | 7/3/2008 |
Q: My daughter received notification that she is being sued by a Pennsylvania bank for a 10-year-old ... A: Yes, they can. What she needs to do is file a response to the court. This can be a motion to ...
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| Plaintiff sending me Interrogatories,production,and admissions | 7/3/2008 |
Q: LVNV Funding LLC is sueing me useing a laywer in my state of Maine. I sent the court and plaintiff ... A: What do you mean by you don't have 30 days to answer? Of course you do. But the question of much ...
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| Returning Reported Item | 7/3/2008 |
Q: I have a charged off credit card debt that finally became too old to report in August of 2007 and ... A: They can buy the old debt and they can report it to the credit bureaus but if they do then they have ...
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| fradulent debt - eskanos and adler threatening to sue | 7/1/2008 |
Q: I have experienced frauduelent debt from an ex spouse using my identity in the past. While we were ... A: California Stat is 4 years. So you should be begging them to sue you so you can file an out of stat ...
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| Being Sued | 7/1/2008 |
Q: I was very recently served via mail with a summons to Kings County court (Brooklyn, NY) for ... A: The first thing to do is to see who is the plaintiff. Who is it that has filed the suit. Maybe then ...
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| how to respond to a summons | 6/30/2008 |
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ... A: Why present a weak argument like that when you have a statute of limitations defense at your ...
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| Collection laws | 6/30/2008 |
Q: I have a chase visa, for years. I always try to pay at least the minimum. They raised the interest ... A: Don't worry about bothering me. Exactly what was the message that was left on the answering machine? ...
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| Collection laws | 6/30/2008 |
Q: I have a chase visa, for years. I always try to pay at least the minimum. They raised the interest ... A: Your father's sworn statement and the phone record of when they called should be enough to get the ...
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| Debt collections | 6/30/2008 |
Q: I have been making payments for about 3 years to a clinic that did a surgery for me. I was set up ... A: They can turn you over to a debt collector any time they want to. Some medical facilities turn ...
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| Being sued by Discover (second question) | 6/29/2008 |
Q: In your response to me you said "You also have the right to do all you can to avoid them forcing you ... A: You ask what can you do to avoid going to court. Why do you want to avoid going to court? What is so ...
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| Sued by Discover | 6/29/2008 |
Q: My husband received a letter from a lawyer saying that Discover was suing us and getting a court ... A: You have absolutely no legal obligation to tell them anything until such time as they have a ...
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| Wrongful Collection | 6/28/2008 |
Q: I have been dealing with creditors trying to get in contact with my mother to collect her debts for ... A: I have the perfect answer to your type of problem but in order to use it effectively you need to ...
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| how to respond to a summons | 6/27/2008 |
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ... A: Statute of limitations on credit card debt is 6 years according to Bankrate.com. They are probably ...
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| how to respond to a summons | 6/27/2008 |
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ... A: The first question has to be what state you live in. Even though you may have included it in BK ...
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| Oklahoma credit card statute of limitations | 6/27/2008 |
Q: Everything seems to say the SOL in OK is 3 years for credit cards. I see the court calls credit ... A: I can see that you are a pretty good researcher and have covered just about all the bases except one ...
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| Too late to ask for a debt validation?? | 6/27/2008 |
Q: I have been pestered by a collection agency for a debt I believe is beyond the statute of ... A: You are in deep trouble for many reasons. First of all you live in Mass and that is a very bad state ...
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| 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: Your question is actually a two part question. One part deals with business law and the other deals ...
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| payday loan collection | 6/26/2008 |
Q: I just rec'd a call from Brian Wilson--from Financial Crime Dept indicating that they were going to ... A: LOL! No, of course not. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: ...
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| service of process/motion for discovery | 6/25/2008 |
Q: I'm currently preparing my answer to a complaint served 5/27. I filed and was granted an extension ... A: One does not file a motion for discovery. Your interrogatories, admissions and demand for production ...
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| Oklahoma credit card statute of limitations | 6/25/2008 |
Q: Everything seems to say the SOL in OK is 3 years for credit cards. I see the court calls credit ... A: The statute that governs is 12 OS 95 Subsection 1. It just so happens that I have at least two cases ...
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| Collectors calling work | 6/25/2008 |
Q: Nationwide Credit keeps calling my husbands job about a discover card that has been charged off. ... A: Send them a cease & desist letter stating that they are not to contact him at work since it is ...
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| Garnishment | 6/25/2008 |
Q: How much can be garnished each month from my payroll check? My employer received a summons a ... A: Up to 25& of your check but the must leave you at least $150 a week. Actually $150 is sort of a ...
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| Payday loans | 6/25/2008 |
Q: I have a payday loan that I couldn't pay and I stopped payment on the check, they called and ... A: Police are not going to take a complaint like that from a payday loan company. They knew the check ...
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| Help with lawsuit | 6/25/2008 |
Q: I am being sued by Midland credit for an old FCNB account. Last payment I made was last year to ... A: Your answer saying you have never done business with them was certainly not the best answer you ...
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| Collection from apartment | 6/24/2008 |
Q: Basically, our former apartment management says that we did not give proper 30 days notice. My ... A: Don't even think of letting them know anything, much less that you "mean business". Let them learn ...
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| Spouse's Emergency Medical Debt | 6/23/2008 |
Q: In the spring of 2007, before we were married, my wife had to have an emergency hysterectomy. Life ... A: The first thing that you should be aware of is that no government pension can be garnished by ...
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| Rcvd Summons from Cap1 atty for | 6/23/2008 |
Q: The summons contains my first name spelt wrong and I cannot recall getting a notice from any ... A: First of all, never educate the other guy. If he spelled your name wrong then respond to the summons ...
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| Debt collectors calling workplace for co-worker | 6/23/2008 |
Q: .. I work at the switchboard for an office of about 15 people. I have a co-worker who is in serious ... A: That's simple. Ask them for the name and address of their company. If they won't give it then tell ...
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| Credit card collection | 6/22/2008 |
Q: I received a summons from a law firm trying to collect from an old credit card. In MI the statue of ... A: Yes, absolutely! Unless, of course, you respond to the summons and complaint with a properly ...
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| I have been served a summons by Capital One Bank | 6/22/2008 |
Q: I live in the State of Georgia. I was served a summons 5/8/2008 by a law firm for Capital One and I ... A: Do not agree to mediation in any way because it denies you your basic protections that you would ...
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| Charged off account statue of limitations | 6/22/2008 |
Q: I had a credit card that was charged off while I was living overseas. It was charged off over seven ... A: Not an FDCPA error but an FCRA violation. It is highly unlikely that you can find an attorney ...
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| Judgment by an illegitimate entity | 6/21/2008 |
Q: I was suited over a year ago by Unifund CCR Partners, A New York Parntership, and failed to respond. ... A: All that means is that they are not licensed to do business in New York which also means they don't ...
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| question about motion for summary judgement | 6/20/2008 |
Q: I was recently contacted by a financial company with a notice that they will be filing a Plaintiff's ... A: The answer is the same as always. First of all, never pay a debt collector a crying dime. Make them ...
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| Collection from apartment | 6/19/2008 |
Q: Basically, our former apartment management says that we did not give proper 30 days notice. My ... A: Dumb ignorant lawyers again! The remedy is simple. First of all the landlord is subject to FDCPA ...
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| Suit by Wolpoff and Abramson | 6/19/2008 |
Q: I live in the state of CA and I am being sued by Wolpoff & Abramson for a credit card debt. The debt ... A: What to say in the letter? Simple. Just say you dispute the debt and demand that they valaidate the ...
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| How to respond to Summons for alleged Credit Card Debt | 6/19/2008 |
Q: My wife received a summons on June 3rd stating that she was being sued for $877. We want to file a ... A: I'd suggest that you file a graduated denial in answer to the summons. Bill Bauer 405-684-9297 ...
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| Debt collectors calling workplace for co-worker | 6/18/2008 |
Q: .. I work at the switchboard for an office of about 15 people. I have a co-worker who is in serious ... A: I'm sure you realize that they are stealing from your employer who has to pay both you and the other ...
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| Credit Report and Collections Question | 6/18/2008 |
Q: I have learned that it IS important to check your credit report. I did so recently and found ... A: I don't know enough about credit repair to answer your questions regarding that subject. I simply ...
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| fraud and judgement | 6/17/2008 |
Q: Greetings, I was the victim of fraud. Someone opened a Sprint PSC account using my social back in ... A: The answer is pretty simple. If they do file a lawsuit against you then file a response to the ...
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| Debt portfolios | 6/17/2008 |
Q: I have recently been contacted by a "law firm out of NY". Apparently, they have purchased an old ... A: No, you do not have a contract with these people and no, they are not your creditors. They do have a ...
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| Judgment by an illegitimate entity | 6/17/2008 |
Q: I was suited over a year ago by Unifund CCR Partners, A New York Parntership, and failed to respond. ... A: What did you find out that says there is no such thing as "Unifund CCR Partners? What it wrong ...
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| FDCPA violation | 6/17/2008 |
Q: How do I file a lawsuit against a 3rd party collection agency for violating FDCPA laws? A: I can't even begin to answer that question for you. While the process is simple to anyone with the ...
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| Pre Trial Hearing | 6/17/2008 |
Q: I was recently served a summons to appear in court on July 8th for a credit card debt. I notified ... A: You need to respond to the summons. ______________________________________ Can you provide any ...
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| civil suite credit card | 6/16/2008 |
Q: I just received a subpeona on a old credit card debt through sears. It has been sold to someone else ... A: No, they can't throw you in jail for this but they may take you to court. If so you need to respond ...
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| Suit by Wolpoff and Abramson | 6/12/2008 |
Q: I live in the state of CA and I am being sued by Wolpoff & Abramson for a credit card debt. The debt ... A: Yes, stop the check if you can. Then immediately send the lawyer a demand for validation and dispute ...
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| unsecured credit card debt | 6/12/2008 |
Q: A judgment has been brought against me for an unsecured credit card in a district magistrate office. ... A: Probably not. I've never heard of a case yet where they notified the people first. They just do it ...
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| 2 Medical Bills - Threatening To Go TO Collections Eventhough I am making monthy payments | 6/11/2008 |
Q: I have 2 separate medical bills from separate doctors, both in the state of Minnesota. #1 I have a ... A: About your written agreement. Was it signed by someone in authority who worked there? If not, did ...
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| Medical Debt | 6/10/2008 |
Q: My father died in a motorcycle accident. He died in the hospital from complications of the wreck. My ... A: Did she sign at the hospital to be responsible? If so she is stuck. If she didn't sign anything at ...
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| unsecured credit card debt | 6/10/2008 |
Q: A judgment has been brought against me for an unsecured credit card in a district magistrate office. ... A: Yes, they can freeze your bank account even though they aren't supposed to be able to do so. If they ...
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| CA refiled for wage execution on fraudulent account | 6/10/2008 |
Q: I would sincerely appreciate any help you could provide...please bare with me... I live in New ... A: About all I can tell you is that you have an extremely mean problem to fight and $200 isn't enough ...
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| How do I respond to a Collection Agency Summons? | 6/9/2008 |
Q: My wife and I have a medical bill that went to collections within the last 2 months. We just ... A: First of all I would like to say that your comments reflect almost precisely those of a gentleman ...
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| Payday Loans Default | 6/9/2008 |
Q: I have 5 payday loans. I have fallen into there ugly trap. I have Defaulted on two of them and have ... A: They can file lawsuit against you and garnish your wages if you don't pay. Bill Bauer 405-684-9297 ...
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| payments acknowledged by collector | 6/9/2008 |
Q: I have been making 100.00 monthly payments to Suttle and Associates, Bellue, WA, for 4 months now. ... A: I would think so. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: ...
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| Judgement | 6/7/2008 |
Q: I live in PA and have a judgement against me. I failed to pay it. Now I received an "Interrogatories ... A: You will have to answer them truthfully and within the time limit allowed or they will call you into ...
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| debt, bankruptcy and summons | 6/7/2008 |
Q: In 2007 I was incarcerated for counts of dep. of fraud. And my bank reimbursed the money and know I ... A: The fact of your prior incarceration is of no importance here and now. All that matters now is that ...
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| MEDICAL LAWSUIT SUMMONS | 6/6/2008 |
Q: I have recently learned of a medical account in collections that began at about $800.After speaking ... A: Learning how to answer the summons is not all that difficult. Tiffany W. from Shawnee Oklahoma ...
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| Old car debt | 6/6/2008 |
Q: I live in Oregon and just received a Writ of Garnishment in the mail for an old car debt that I ... A: Whether or not you can keep your credit cards is doubtful. While I don't have expertise in the ...
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| Old car debt | 6/6/2008 |
Q: I live in Oregon and just received a Writ of Garnishment in the mail for an old car debt that I ... A: Bankruptcy is almost never something anyone should want to do. That judgment is good for 10 years in ...
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| three years later? | 6/5/2008 |
Q: I just received a collections letter (for the first time) that stated I owed money on an MCI bill ... A: If you don't have the receipts to prove you paid in full you can end up having to pay it all over ...
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| Judgement | 6/5/2008 |
Q: What happens to a judgment that is held by a bank that is closed or goes out of business? Is a ... A: Yes, a lawyer can get a judgment and collect on a debt even though the bank is closed or has gone ...
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| colletion notice | 6/4/2008 |
Q: We received a letter from C.B. U.S.A., Inc., Hammond, IN stating they were requested to collect ... A: In a sense it is a scam because the debt has to be outside the statute of limitations. It is most ...
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| ANCIENT DEBT | 6/4/2008 |
Q: In my college days (1986-1990) I had a department store account (this agency went bankrupt a few ... A: The answer is fairly simple but could end up getting very involved Simply ask for the address and ...
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| Need help with court summons. | 6/3/2008 |
Q: my wife had a credit card a few years ago through Providian bank, and due to a job loss, she let the ... A: What state do you live in? Providian debts are now out of stat for most states. If it is out of stat ...
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| I have been served a summons by Capital One Bank | 6/3/2008 |
Q: I live in the State of Georgia. I was served a summons 5/8/2008 by a law firm for Capital One and I ... A: Having the other two accounts in good standing will not help you in any way and if you even mention ...
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| Response to my dispute letter | 6/3/2008 |
Q: I sent a letter to Capital One (credit card) to dispute the amount that they say I owe. I, like ... A: The problem is that credit cards are not a good thing for the average man. They may seem a necessity ...
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| Summons on a Hospital Bill | 6/3/2008 |
Q: In March of 2007 I had an Emergency Room visit. After the bills had been paid by insurance I had a ... A: What do you do with a summons? First I would send a demand for validation by certified mail return ...
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| Credit Card Judgement in Florida | 6/3/2008 |
Q: I have a judgement by a credit card company. They sent me a letter saying they are going to try to ... A: I think they are biting off more than they can chew. In other words, they are claiming to be able to ...
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| Collections Question - Mattress Giant & Wells Fargo | 6/2/2008 |
Q: We purchased a mattress from Mattress Giant in the summer of '05. We financed the mattress through ... A: It isn't important to the debt collector what you can or cannot pay and moreover it also probably ...
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| Revive Judgment in Illinois??? | 6/2/2008 |
Q: I was shocked to receive on Sat. in regular postal mail a notice to appear in court to revive a ... A: You are in real trouble on this one because they have the right to revive that judgment for 20 years ...
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| court document for old debt | 6/2/2008 |
Q: I have reviewed some of the other questions online and I am still not sure what to do? A collection ... A: Then that is what you need to do first of all. If I were in your situation and I have been, I would ...
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| LVNV & Blitt & Gaines P.C. | 6/1/2008 |
Q: LVNV , acting as a junk debt buyer, has purchased a charged off account from Citibank that belongs ... A: I don't know of any law that differentiates a collection firm vs a factoring firm. That would be a ...
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| Credit card summons and judgement | 5/30/2008 |
Q: I received a summons for a credit card that we could't pay years back. When we did have some money ... A: Go to the clerk of the court and ask to see all the documents in the court record, get copies of ...
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| 14 year old debt | 5/30/2008 |
Q: My husband purchased a camera approximately 1990. He was then in a motorcycle accident and lost ... A: There is a way to put a stop to it but I will only tell you how to do it by phone. No charge or ...
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| Summons for Credit Card Debt | 5/29/2008 |
Q: Chase Credit Card was added to my Husband's bankruptcy case, but they are now sending me bills and I ... A: You may need to use a statute of limitations defense. What state do you live in and when was the ...
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| Third party collection | 5/29/2008 |
Q: I recently submitted a question that I was really hoping to get an answer to. I got an abrupt ... A: I can't tell you why they haven't taken you to court. Could be it is out of statute of limitations. ...
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| LVNV & Blitt & Gaines P.C. | 5/29/2008 |
Q: LVNV , acting as a junk debt buyer, has purchased a charged off account from Citibank that belongs ... A: You have it all down pat. No, they cannot be a factoring company. A factoring company buys contracts ...
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| Debt collection | 5/28/2008 |
Q: In November I received out of nowhere court papers for an old charged off credit account. I ... A: Pretty late for you to do much of anything now. I'd say that the best thing to do is to go tell the ...
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| A Debt Collector Freezing A Bank Account | 5/28/2008 |
Q: I am trying to get back on my feet after being unable to find a job for over a year. The other ... A: Yes, they can do that. If you don't have mony to pay them with then there isn't much you can do ...
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| Court sumons on an old debt | 5/28/2008 |
Q: I ran into credit card problems/debt when I was in college. In mid/late 2004, I stopped making ... A: not one an hour or more away. A lawyer probably wouldn't even think about that. Worse, most lawyers ...
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| seperated spouses | 5/28/2008 |
Q: My mom has been receiving calls from different debt collectors, but she hasn't answered the phone. ... A: I can't see how your mother can be held responsible for his debts after 25 years. Makes no ...
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| Inappropriate Charge | 5/28/2008 |
Q: We moved from Virginia to California in 2005 and closed all of our active utility accounts as ... A: All I can really tell you at this time is if it were me I sure would not pay it and for exactly the ...
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| judgements | 5/28/2008 |
Q: what assets are protected from a judgement A: A judgment does not permit garnishment of assets. Garnishment is a separate process. Garmishment ...
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| Received summons for a car loan. | 5/26/2008 |
Q: I presently live in Tulsa, Oklahoma. For most of my life I've suffered emotional problems even ... A: First of all I would recommend that you do all you can to get on SSI if you are not already on it. ...
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| Pretrial Summons | 5/26/2008 |
Q: I have to go to a pretrial hearing on 8/21/08 in Palm Bch Florida what do I need to bring with me, ... A: It won't hurt to try but just don't admit that you owe the debt or in fact don't admit anything. ...
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| sued by nco | 5/26/2008 |
Q: This is a follow-up to you on my question of 5/24. The defense I used last time against NCO was to ... A: You should do the same thing as you did last time but use a graduated denial filed as your response ...
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| SOL on a Judgement | 5/26/2008 |
Q: LBN got a default judgement in 2003. I looked on OSCN today and they renewed the judgement this ... A: You can find that information on www.lawdog.com by clicking on the tab that says state laws then ...
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| Pretrial Summons | 5/25/2008 |
Q: I have to go to a pretrial hearing on 8/21/08 in Palm Bch Florida what do I need to bring with me, ... A: I have to go to a pretrial hearing on 8/21/08 in Palm Bch Florida what do I need to bring with me, ...
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| Service of process on debt | 5/25/2008 |
Q: I filed a motion to dismiss for insufficiency of service of process and you told me I would probably ... A: That's hard to say how a judge might rule but most judges are reluctant to dismiss as a result of ...
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| lawsuit from NCO | 5/24/2008 |
Q: A lawyer from NCO has filed a suit against me for old credit card debt. I was already sued for this ... A: A lawyer from NCO has filed a suit against me for old credit card debt. I was already sued for this ...
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| Sued by Midland Funding | 5/24/2008 |
Q: Last night I received paperwork stating I was being sued by Midland funding, which by the way Love, ... A: Courts have a very formal structure they insist that people appearing before them adhere to. The ...
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| Concerned about Being Sued | 5/23/2008 |
Q: I lost my job last November as a result of a reorganization and have not been able to find ... A: That makes no difference at all. So what are your chances of being sued by credit card companies? ...
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| Stipulation | 5/23/2008 |
Q: I have been screwing around with Midland Credit Management for two years now. They sent me a letter ... A: Most jurisdictions are $350 but I had somebody claim they had to pay more than that in their ...
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| Summons from Midland Funding | 5/23/2008 |
Q: I received a certified letter today from the Franklin County Municipal court regarding a a credit ... A: I received a certified letter today from the Franklin County Municipal court regarding a a credit ...
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| Collection law | 5/22/2008 |
Q: What is the law governing a collection agency disclosing debt information to a 3rd party without the ... A: Finding a lawyer qualified to do this for you will be almost impossible. There are a few good ...
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| Credit card problem | 5/22/2008 |
Q: My wife has a problem with Capital One. She thought the account was paid off. She did not receive a ... A: Well, is it outside of the statute of limitations for your state then? Their refusal to provide ...
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| Sued by Midland Funding | 5/21/2008 |
Q: Last night I received paperwork stating I was being sued by Midland funding, which by the way Love, ... A: So you live in Oklahoma? Where at?Last night I received paperwork stating I was being sued by ...
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| Being sued in small claims by a collection agency I've never heard of | 5/21/2008 |
Q: I received a Summons back in March to appear in Small Claims court. I'm being sued for $2200 by a ... A: It is obvious that you need to put in a motion for extension of time to respond due to your upcoming ...
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| Capital One Summons | 5/21/2008 |
Q: My uncle received a civil summons on Monday for a Capital one account. He feels he paid it but does ... A: I can help him by teaching him what he needs to know to get the job done but I never work through ...
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| 10 year old debt | 5/21/2008 |
Q: I had a card with Discover opened in 1996, the last activity was in 1998, my credit report showed it ... A: Yes, they can do that and if they do then you will need to file a SOL defense. The court would have ...
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| Keeping out of court | 5/20/2008 |
Q: I received a phone call from Nations Recovery Service regarding a personal loan account with Capital ... A: Here are my questions. I would much rather work with the original lender and get this guy off my ...
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| Post dated check to make payments? | 5/20/2008 |
Q: I recently had a heart attack and had my Cingular service discontinued with 5 months left on the ... A: The best advice to avoid trouble with your bank is never give them any information about your bank ...
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| judgement | 5/20/2008 |
Q: My question is a bit complex, I just checked my credit report and saw I have a judgment from 3 years ... A: It is just barely worth fighting about but if you pay it you won't get it removed from your credit ...
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| Civil Suit? | 5/20/2008 |
Q: I am currently out of work and have been for over a month. I have told the only collections agency ... A: First of all, go to the clerk of the court in your county and ask to see your public record. They ...
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| Collection law | 5/20/2008 |
Q: What is the law governing a collection agency disclosing debt information to a 3rd party without the ... A: Fdcpa says they can't do that and you can sue them for it and make them return the money to your ...
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| Collection Account Removal | 5/20/2008 |
Q: I have been prudent in maintaining a superclean credit history since I first got a credit card at ... A: Yes, there is. The answer to your question is almost exactly like the one I just answered before ...
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| Harrassing calls | 5/20/2008 |
Q: Have had this phone # for 4 years. The previous owner of the number has debts. For 4 years we have ... A: You can do that but you will have to go through some preliminary steps first to establish a cause of ...
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| Stipulation | 5/19/2008 |
Q: I have been screwing around with Midland Credit Management for two years now. They sent me a letter ... A: You never received even the return receipts? Why not? You paid for them. Call up the post master in ...
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| Being sued my credit card company | 5/19/2008 |
Q: This week I was given a summons, informing me that I'm being sued by a credit card company from ... A: Well, the first thing you really need to do is to respond to that summons within the time allowed or ...
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| judgment | 5/19/2008 |
Q: My bf has an old Discover account from 1998. It was charged off then and sold many times. It was ... A: It is my understanding that it is possible to pay the court and they will immediately release the ...
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| Being sued by Midland Funding. | 5/19/2008 |
Q: I received a summons last night from Love, Beal and Nixon PC here in OKC on behalf of Midland ... A: You can contact me at any time that might be convenient to you. If you have time before we can meet ...
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| judgment | 5/19/2008 |
Q: My bf has an old Discover account from 1998. It was charged off then and sold many times. It was ... A: You got a real problem indeed because the lenders don't care about statute of limitations or ...
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| Service of process on debt | 5/17/2008 |
Q: A process server gave papers to my mother who lives with me here in oklahoma. She has dementia and ... A: That was not exactly nice of them to say the least but you did get served. You won't get anywhere ...
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| 14 year old hospital bill | 5/17/2008 |
Q: Ok, I was quite floored by this one. About a month ago I received a bill from our local hospital ... A: This is one of those very, very rare times when I suggest that you send them a full cease and desist ...
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| Being sued by Midland Funding. | 5/15/2008 |
Q: I received a summons last night from Love, Beal and Nixon PC here in OKC on behalf of Midland ... A: I live in OKC too and I've fought so many battles with Love, Beal and Nixon that I can't even ...
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| old debt. | 5/15/2008 |
Q: Several years ago 11 years to be exact my husband lost a job and financially we were devastated. We ... A: The debt is almost surely out of stat. They can try to collect even though the debt is outside ...
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| collections lawsuit | 5/15/2008 |
Q: I am being sued for a credit card debt and need to file a response to the court to buy time, but ... A: Creditwrench teaches people what their rights are under the law and how to actually make the debt ...
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| collections lawsuit | 5/14/2008 |
Q: I am being sued for a credit card debt and need to file a response to the court to buy time, but ... A: You should use creditwrench on them instead of bankruptcy because creditwrench does exactly the same ...
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| Agreement for Judgment | 5/14/2008 |
Q: I live in Mass. and I'm disabled collecting SSI. I also sporadically receive a small amt of money ... A: Above all, don't sign any such agreements. Your SSI income cannot be garnished by anybody but the ...
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| Collection Laws and What I can do? | 5/14/2008 |
Q: I have an auto loan that was sold by the bank that I got the loan through to another not so well ... A: If they are now the lender they can bug you to death and there is nothing you can do about it except ...
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| Unifund Group | 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: Seems that either someone is lying to you or we don't have all the facts straight here. But first ...
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| Served by collection agency | 5/13/2008 |
Q: My ex-girlfriend and I were named on a summons regarding a past apartment we both used to share. ... A: Ok, now you have clarified things just a bit. Her name is also on the summons so if she don't file a ...
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| Served by collection agency | 5/9/2008 |
Q: My ex-girlfriend and I were named on a summons regarding a past apartment we both used to share. ... A: You can do whatever you want about the ex girlfriend. You can sue her or turn her over to the lawyer ...
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| summons | 5/9/2008 |
Q: irecieved a summons for a credit card that i owed 300 with interest they charged it of 11/03 and ... A: Send interrogatories, admissions and demand for production of documents. Study your rules of ...
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| oklahoma statue of limitations | 5/8/2008 |
Q: Is or was teh statue of limitations on credit card debt in oklahoma 3 or 5 years? Also Do you know ... A: The statute of limitations in Oklahoma was changed from 3 years to 5 years. I don't know when that ...
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| lawsuit unavoidable? | 5/8/2008 |
Q: Today, at 4:00pm, my husband received a call from a attorney with B of America regarding our CC debt ... A: If you can't or don't want to come up with 4 grand by Friday then I suppose a lawsuit is inevitable. ...
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| Being Sued | 5/7/2008 |
Q: My wife is being sued for a medical bill not paid for in Florida. The bill was for Feb 2003, for ... A: I can well understand your feelings over the billing problem resulting in your getting a summons but ...
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| I think they tried to serve me.. | 5/7/2008 |
Q: I had to stop paying my credit cards because I couldn't work. It has been less than a year since I ... A: Do not call them. You will have to respond to the summons when they finally do get you served. You ...
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| Summons | 5/7/2008 |
Q: Yesterday I was served a summons for a debt of 18,000. I have 20 days to respond. what do I do? I ... A: If you live in Ma. you are in real trouble. There have been many horror stories in the Boston Globe ...
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| Legal for Midland Credit seeking judgement | 5/7/2008 |
Q: Good Day, I recently have been receiving collection notices from a legal firm representnig Midland ... A: You received a summons so you will have to respond to the summons. You should have also sent a ...
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| Steps on suing Collection agencies | 5/7/2008 |
Q: I would like to know what are the steps on suing collection agencies. I have sent certified letter ... A: The first step is learning that you may not be able to sue them for that. There is no requirement ...
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| "Old Debt" | 5/7/2008 |
Q: I have been contacted by a third party collection agency about a debt approximately 10 years old. ... A: It all depends on your point of view. First of all you can successfully defend against any lawsuit ...
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| Summons for Court on Credit Card Debt | 5/7/2008 |
Q: I received a Summons and Complaint to Court from Capital One on a $500 credit card debt (which they ... A: If you just show up for court the judge may tell you that you can't say anything because you didn't ...
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| responding to civil credit complaint | 5/6/2008 |
Q: I've read some of the answers that resemble my question....just want to clarify a few points:I live ... A: All my calls are forwarded to my cell phone and it got turned off accidentally so I missed your ...
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| Finding an attorney | 5/6/2008 |
Q: I have been served a summons for unpaid credit card debt, and I would like to know what I should be ... A: Look for an attorney who can intelligently discuss the Fair Debt collection Practices Act with you. ...
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| Debt Collector served SPOUSE for my debt? | 5/6/2008 |
Q: I was not home this morning, and my spouse was served a summons for my debt, with only my name on ... A: Yes, that is a perfectly legal service of summons. So now you have XX number of days to respond to ...
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| Summons for Court on Credit Card Debt | 5/6/2008 |
Q: I received a Summons and Complaint to Court from Capital One on a $500 credit card debt (which they ... A: They can't throw you in jail but in Florida they can garnish wages if you are not the head of the ...
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| court-ordered stipulation | 5/5/2008 |
Q: i had a debt with a citibank credit card that i was trying to negotiate a settlement on when they ... A: You need to check with the clerk of the court first to see if the court has some standard form to ...
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| summons and bank levies | 5/5/2008 |
Q: I live in NC. My husband received a summons for CC debt that falls within SOL. I am preparing a ... A: Don't believe that a company can get away with demanding that employees accept direct deposit as a ...
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| Notice of Involuntary Lien | 5/4/2008 |
Q: I received a letter from the County Clerk-Registrar/recorder office stating on the cover page that ... A: You won't have any real idea of what the history has been until you go to the clerk of the court at ...
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| Statute of limitations on debt collections | 5/4/2008 |
Q: "I had a vehicle reposessed in January of 1998 after a serious financial collapse left me homeless ... A: Yes, there is a statute of limitations and a 10 year old debt would be well past the statute in most ...
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| court summons for old credit card | 5/3/2008 |
Q: In 2001 I opened a credit card account with a 500 dollar limit. I made payments and then fell on ... A: SOL is 6 years in Ohio. So that defense can't be used. So what to do? You have to file a response ...
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| Collections/ Summons for cell phone bill | 5/2/2008 |
Q: Well I have just recieved I summons yesterday to for a cell phone bill from sep 2003 thats when it ... A: I'm afraid I don't see any question here. I can see that you say you have a summons that you have to ...
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| Question on Process Serving | 5/2/2008 |
Q: I am working away from home at the moment, on a contract. I live in Michigan. I was called by my ... A: So do you live with your mother? In any event tell your mother not to accept any papers. Have her ...
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| URGENT!! | 5/2/2008 |
Q: My my exboyfriend and now fiance all got an apartment together. I moved out for about a month, and ... A: If they take you to court the debt will get attorney fees, court costs and interest added plus ...
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| er solutions and harrasment | 5/1/2008 |
Q: I owe a legitimate debt. Due to prior experiences and from what i`ve read online I refuse to discuss ... A: You can't do anything about them calling your family but your family can use cease & desist letters ...
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| responding to civil credit complaint | 5/1/2008 |
Q: I've read some of the answers that resemble my question....just want to clarify a few points:I live ... A: It's not important when you opened the account. You have to find out the date you made the last ...
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| Westcap Endorsement Method | 5/1/2008 |
Q: I am the person that used your advice in settling a debt with a credit card company. See your blog ... A: What is on the contract you put on the back of the check is what they agreed to when they signed it ...
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| Pending judgement (NC) | 5/1/2008 |
Q: I have a law firm saying if I dont set up payments they will file a judgement. Besides the credit ... A: They can place a lien on your home if they get a judgment. What they might be able to take in the ...
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| collection agency | 4/30/2008 |
Q: I keep getting a phone call that is recorded regarding a particular person whose name is close to ... A: It is probably Afni then. I'm pretty sure they are on my http://www.mostwantedcriminals.com web ...
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| Summons | 4/30/2008 |
Q: I live in California. I have received a summons regarding an unpaid credit card debt with Capital ... A: I have no idea what Cap1 might do but if I were in your situation I would first of all go to the ...
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| debt validity | 4/30/2008 |
Q: 5 years ago I withdraw 950 dollars from chase mastercard I could'nt pay ... A: Sounds to me like they are doing a good job of breaking the law but since you don't know whether ...
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| HOW TO FIND AN ATTORNEY KNOWLEGABLE IN FDCPA VIOLATIONS | 4/29/2008 |
Q: Good Afternoon, My Daughter has an on-going problem with a Major Car Company's Consumer Credit ... A: Finding attorneys who are good at FDCPA is about as hard as finding a needle in a haystack but there ...
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| reposession and collection calls | 4/29/2008 |
Q: I had a vehicle reposessed in January of 1998 after a serious financial collapse left me homeless ... A: They have the right to pursue the issue without limitation and they can file a lawsuit and if you ...
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| Old phone bill collection | 4/29/2008 |
Q: I just received a "settlement offer" from the phone company in VA. (I'm living in NY). It's not for ... A: The SOL would be long past but they can ask for the money regardless of that. The SOL only applies ...
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| Summons | 4/29/2008 |
Q: I live in California. I have received a summons regarding an unpaid credit card debt with Capital ... A: BK would probably take away the credit card debts but that raises another question. If you have no ...
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| Debt Summons | 4/29/2008 |
Q: I just recently received a summons in florida for a debt collection. They say I have 20 days to ... A: You have to respond to the summons. Nothing you have said here would serve as a response. You can't ...
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| Summons | 4/29/2008 |
Q: I live in California. I have received a summons regarding an unpaid credit card debt with Capital ... A: With no income at all there is little you can do. They will get a judgment. Then they will go for ...
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| IN PERSON CREDIT HARRASSMENT | 4/28/2008 |
Q: I owe a cash loan place money. They have showed up at my house twice, & once at work. Is this ... A: yes. I can certainly understand why that would upset you. Why not go to walmart and get yourself a ...
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| My Medical Bills of $945 went to an attorney | 4/28/2008 |
Q: I had to go to the ER a few years ago because I could not stop vomiting. I laid on the ER floor for ... A: You can't win with arguments of poor care. They will get a judgment no matter what you argue. I once ...
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| summons | 4/26/2008 |
Q: irecieved a summons for a credit card that i owed 300 with interest they charged it of 11/03 and ... A: The 5 years would elapse in 11/08 so you apparently are within the SOL. The credit reports would ...
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| summons | 4/26/2008 |
Q: irecieved a summons for a credit card that i owed 300 with interest they charged it of 11/03 and ... A: For the amount of money in question it may be better to simply settle with them out of court if you ...
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| summons | 4/25/2008 |
Q: irecieved a summons for a credit card that i owed 300 with interest they charged it of 11/03 and ... A: You do have to file a response to the summons. I would suggest that you might want to file a ...
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| debt collection | 4/25/2008 |
Q: I was contacted on Wednesday by Creditors Interchange a debt collection agency. They are giving me ... A: No use asking them for things they are not required by law to answer. There is no requirement for ...
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| Repo Truck | 4/25/2008 |
Q: I had a truck vol. repo and I was wonderful what the bank can do..we can't pay them..I'm in TN and ... A: What can the bank do to you? They can and most likely will sue you, then get a garnishment, grab any ...
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| cuenta vieja con time warner cable | 4/25/2008 |
Q: Contrate los servicios de cable con bright house en julio -2006 y en febrero-08 me dicen que yo debo ... A: Cien biente dos es todo que quieren o estan piediendo mas? Quanto quieren en todo? Si es no mas cien ...
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| 7 Repo | 4/24/2008 |
Q: I unfortunately had a repossesion in May of 2001. I disputed this after attempts to settle in 2003 ... A: Yes, there is. simply visit http://www.creditwrench.com/18questions.html and follow the instructions ...
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| Summons In Civil Action | 4/23/2008 |
Q: I received a summons for a complaint against me for my Discover card balance of $4510.51 that was ... A: Well, if I were you I would file a motion to dismiss because the court in Athens county lacks ...
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| Capital One attorney will not accept payment plan | 4/23/2008 |
Q: I owe Capital One 2,600. The last payment I made was November 2007. It has gone through a total of ... A: I'd say they can't go after your husband in a non property state. So how do you fight this? The ...
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| Canceling a post date pmt | 4/23/2008 |
Q: . Im in Oregon and I have a Dental bill that I was disputing with the original agent assigned to my ... A: Probably the best way is to go to your bank and put a stop pay on it. That will cost you a fee of ...
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| garnishing wages | 4/22/2008 |
Q: I moved to Georgia almost two years ago. I bought a house and soon after fell on hard times. I had ... A: Can NCO do that? Yes, they can. But stop and do some math. They insist on a grand a month or they ...
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| Summons | 4/21/2008 |
Q: I live in the state of CA and my mom just told me she received and accepted a summons at her home, ... A: No, that would not make a sufficient difference to be worth arguing about. How many days you have ...
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| Summons | 4/21/2008 |
Q: I live in the state of CA and my mom just told me she received and accepted a summons at her home, ... A: I'm certainly glad that you asked me the question you just did because it gives me the opportunity ...
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| Husband's cc debt after divorce in comm prop state | 4/20/2008 |
Q: I'm in divorce negotiations. Husband ran up 100k of credit card debt in his business. My name has ... A: I would say that while you probably are liable in a community property state there are other things ...
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| Battling UniFund CCR in Court | 4/19/2008 |
Q: I was wondering what was the best way fight Unifund CCR partners in court by just representing ... A: I think it is better to do it yourself rather than hire a lawyer. What are the best methods to ...
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| Need to go to court to stop collection? | 4/18/2008 |
Q: My husband was summoned to court for a past debt. I realized that the debt was past the statute of ... A: Yes, he needs to respond to the summons within the number of days listed on the summons. He must ...
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| Auto Loan Default | 4/18/2008 |
Q: I was contacted today by a rather rude man about the status of auto loan. He works at a collections ... A: yes, go to google and type in "Oregon state statutes" or "Florida state statutes" or ...
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| Wage garnishment | 4/18/2008 |
Q: I have an account in collections from a retail store that gave me a cc in 2000. It has been in ... A: Still trying to collect on an account that old? That does happen quite often and will probably ...
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| Summons from an Atty for Capital One | 4/18/2008 |
Q: I received a summons from Attorney in behald of Capital One. Credit card debt has bee charged off ... A: You can't request anything as a response to a summons and complaint. Requesting documentation is a ...
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| Auto Loan Default | 4/17/2008 |
Q: I was contacted today by a rather rude man about the status of auto loan. He works at a collections ... A: No, they can't just come into your house and see what they think they can take to settle the debt. ...
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| sued by capitol one | 4/17/2008 |
Q: I have been sued by capitol one credit card and have a mediation trail April 21. I dont know what ... A: You need to file a response to the summons. One great defense might be available if they presented ...
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| Judgement for collection of CC Debt | 4/17/2008 |
Q: My husband had a credit card in collection that he was aware of...He just received a letter stating ... A: You do have rights but trying to enforce them over that distance would be a nightmare indeed and ...
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| overdraft collection 7 yrs old | 4/16/2008 |
Q: Out of the blue we got a call saying we owe an overdraft of $2000. They said it was from 2001 Wells ... A: If you go about it correctly they won't be able to get a dime out of you. Quite frankly I have my ...
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| collection agency | 4/16/2008 |
Q: I keep getting a phone call that is recorded regarding a particular person whose name is close to ... A: The do not call registry won't help you a bit. That is only for telemarketers and debt collectors ...
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| Summons Response | 4/16/2008 |
Q: I received a summons about 15 days ago and I have been doing some research as too how to respond. ... A: No, I teach it to you step by step. You will want to go to google and type in the words OPEN OFFICE ...
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| Summons Response | 4/16/2008 |
Q: I received a summons about 15 days ago and I have been doing some research as too how to respond. ... A: You absolutely need to file a properly prepared written response to the court within the time ...
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| Talking to the lender after they filed a law suit | 4/16/2008 |
Q: Our finances got in a mess. I'm sure you have heard that thousands of times with just as many ... A: If you have been sued then the lawyer controls and if you don't do the right things in court, ...
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| Medical lawsuit summons | 4/16/2008 |
Q: I live in Washington state and I just received a lawsuit summons from a law office. It says I have ... A: You need to do two things right away. You need to send the lawyer a demand for validation and a ...
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| My car was repossed today... | 4/15/2008 |
Q: I filed for a title loan when I was working and thought I could pay back the loan in no time. As ... A: I'm afraid that there are no good answers once the vehicle has been taken by the lender. About all ...
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| Can credit cards refuse your offer of payment? | 4/15/2008 |
Q: My husband has a credit card that has been turned over to collections. They asked for $2000 down, ... A: Yes, they can refuse payment. You say they have a freeze on your bank accounts? Then they must ...
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| Credit Card Default | 4/15/2008 |
Q: I'm a student and unfortunately I fell on hard times and was unable to pay off my credit card debt. ... A: The answer to all of your questions is "YES". All of them have the same answer. Yes, your credit ...
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| CC Lawsuit | 4/15/2008 |
Q: So my question to you would be if we cannot pay it and they go after me to sue me what could they ... A: Well, you can probably sue your ex girlfriend until the cows come home and you still won't get ...
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| Capital One card with $500 limit, now in collections | 4/13/2008 |
Q: Close to two years ago, I had to stop making payments on my Capital One credit card because I was ... A: I don't think you are in the wrong but I'm quite sure that others think differently. Be that as it ...
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| fradulent debt collection company scam | 4/12/2008 |
Q: I received a postcard out of the blue from my courthouse saying a company called mrc receivables ... A: Well, they apparently have a judgment against you now so you will have to fight back. You can try to ...
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| sued for debt in another state | 4/12/2008 |
Q: I just received a summons for an old debt to ISU(1997). I live in NH and am a stay at home mom. I ... A: Why mess with that lawyer? It is obvious that he knows nothing except how to put the blocks to ...
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| Court Summons | 4/11/2008 |
Q: I received and summons and am being sued by a collection agency. I have furnished them ... A: I think that you probably have a written contract with the school when you signed up so you most ...
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| they dropped the suit now they want to settle | 4/10/2008 |
Q: I was recently sued by my old bank in the UK. I am British and moved to Texas a couple of years ... A: I don't think you ought to sign any agreements. One reason they may have dropped the suit is because ...
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| CACH, LLC | 4/10/2008 |
Q: CACH sent Notice of Arbitration in 10/06. I disputed as not my debt and asked for validation(is not ... A: As usual, the attorney did no good at all. Yes, they can be stopped but the only possible way is to ...
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| Unifund CCR | 4/10/2008 |
Q: I really hope you can help with this. My problem is my wages are being garnished for a debt that is ... A: If they are garnishing your wages they already have a judgment and garnishment order in place. You ...
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| Civil liability amount | 4/10/2008 |
Q: According to 15 U.S.C.1692k a debt collector can be found liable to a person for up to $1,000.00 for ... A: You can sue for as much as $1000 per violation with almost zero chance of collecting it. If the ...
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| Medical Debt | 4/9/2008 |
Q: Early in 2007 my son, was an 18 year old senior in high school and suffered series of illness that ... A: The answer to most of your question is that they have very strict rules that they must go by and can ...
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| DEBT COLLECTION | 4/8/2008 |
Q: I was contacted last night by a rep from Frederick J Hanna and assoc about a debt I have with BOA> ... A: The lawyer will probably send you a letter of some kind and you need to reply to that after about 25 ...
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| Answer Summons for credit card debt | 4/7/2008 |
Q: I'm very glad I found this site. I will bottom line you so as to spare your precious time: I ... A: Yes, the court will agree to whatever you and the lawyer want to do. Of course, the agreement will ...
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| Judgement Agianst Me | 4/6/2008 |
Q: Greetings, I recently had a judgment filed agianst me and I am looking for ways to get the creditor ... A: Don't worry about them getting those funds out of your bank that you are afraid of losing. You have ...
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| sued for debt in another state | 4/6/2008 |
Q: I just received a summons for an old debt to ISU(1997). I live in NH and am a stay at home mom. I ... A: Seems to me that you must not be thinking about the statute of limitations which surely must have ...
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| being sued for cc debt | 4/6/2008 |
Q: I have credit card debt that my husband had no part in. I had a good job for it until I got sick. ... A: Is it possible that they will make your husband pay? In Texas it is possible that they can make him ...
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| collection | 4/5/2008 |
Q: does a collectin agency need to have a contract with my signiture on it in order to prove a debt is ... A: The two have nothing to do with each other. It is one thing for you to demand validation in a timely ...
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| Capital One | 4/5/2008 |
Q: I received a Capital One card a few years ago. Don't remember what the original credit limit was ... A: the first answer is to tell your employer that you no longer want to use EFT but that you want to ...
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| Dad retired & moved & left debt | 4/4/2008 |
Q: My dad has a credit card debt of approx. $20K (2 credit cards) and when he retired in 2002 after he ... A: Not much to worry about. Simply tell the debt collectors his new address in Mexico and then tell the ...
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| Zombie debt sold...again plus interest | 4/4/2008 |
Q: Expert: Due to financial hardship back in 1998, we had to default on several things. When money ... A: Is it still on your credit reports? If so then sue them in federal court for illegally reaging the ...
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| credit card collection | 4/3/2008 |
Q: I am 73 yrs. old and cannot pay my cards. If I quit paying what will they do to collect. My only ... A: There is probably very little they can do since they cannot garnish social security money. You do ...
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| COLLECTION AGENCY LETTERS | 4/3/2008 |
Q: APPROX. 12 YEARS AGO, I USED A DEPARTMENT STORE CREDIT CARD FOR A SMALL PURCHASE (APPROX $125 -- ... A: I would not pay it. Your debt was a small amount to the original creditor and if you pay the ...
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| DEBT COLLECTION AFTER 13 | 4/2/2008 |
Q: I FILED CHAPTER 13 IN 1997 I SPENT THE NEXT FIVE YEARS MAKING EVERY ASSIGNED PAYMENT, AT THE END OF ... A: Sure you have recourse. Learn one simple fact if nothing else and that is that debt collectors and ...
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| Judegement | 4/2/2008 |
Q: I have been late on the rent at my apartment complex several times and each time they file a notice ... A: Yes, you probably can. They filed false and misleading information with the court and so I would get ...
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| statute of limitations/jurisdiction | 3/31/2008 |
Q: I am currently in the middle of litigation here in Illinois with Blitt/Gaines. They sued me on ... A: Jurisdiction most likely wouldn't be an issue. Illinois law will apply. What you need to know or ...
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| collections | 3/31/2008 |
Q: My wife and I have just received letters from two separate collection companies on cell phone bills. ... A: What state do you live in? The state you live in applies most of the time. If the SOL is up they ...
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| payment arrangements | 3/31/2008 |
Q: I have made payment arrangements with a collection company on a hospital bill. They have already ... A: Yes. So now you need to get active and learn about how they violated the law because they most ...
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| Should I sue? | 3/31/2008 |
Q: I received a collection letter from Paragon Way, Inc on October 9, 2007 in reference to an unpaid ... A: It seems that Paragon Way has violated the FDCPA by failing to validate the debt, while continuing ...
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| credit card debt w/ dementia | 3/30/2008 |
Q: My stepfather was admitted to a nursing care center for dementia in Calif. He has credit card debt ... A: Someone needs to provide POA over him? For his benefit or theirs? Don't do that and tell all your ...
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| Letter from attorny New York P.C | 3/29/2008 |
Q: I just received a letter from an attorney in New York in reference to a lease that was broken in ... A: You should do exactly what the letter says you can do which is to send a dispute letter and demand ...
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| Collection Notice | 3/29/2008 |
Q: I opened an account with Providian in 04/2000. Due to illnesses I lost my job in 2002 and was no ... A: What can you do to fight this collection? There is only one thing you can do to fight the collection ...
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| This is the name of the company::National bank financial division of crime in NY | 3/29/2008 |
Q: These people have been calling my job for a week now non stop back to back. I finally called them ... A: There are some things you can do about these kinds of problems. You can send them a limited cease & ...
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| Hospital bills | 3/29/2008 |
Q: I went to court a month ago over a bill that i haven't been able to pay on and went outside the ... A: Well, the attorney is a 3rd party debt collector so obviously the only things you can do is pay it, ...
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| A collection agency is in the process of filing a lawsuit and I have a few questions. | 3/28/2008 |
Q: I owe 3,200 to my Union Plus master card. This credit account has been in collections for 6 months. ... A: Your debt negotiator didn't do you much good, did he? Should you look into hiring an attorney? You ...
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| Foreclosure | 3/27/2008 |
Q: If a house forecloses, does the second loan company have a right to be paid back or does that ... A: They couldn't care less whether you can afford it or not. All they care about is getting their money ...
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| Capitalone lawsuit | 3/27/2008 |
Q: I just went to pre-trial today in a Michigan district court. The debt is a $3000 credit limit card ... A: Obviously the judge don't have a clue about how charge off works if he thinks the bank is getting ...
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| Foreclosure | 3/27/2008 |
Q: If a house forecloses, does the second loan company have a right to be paid back or does that ... A: They still have to be paid by you but they do lose any interest they might have had in the home and ...
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| Judgement Agianst Me | 3/27/2008 |
Q: Greetings, I recently had a judgment filed agianst me and I am looking for ways to get the creditor ... A: You have a large debt hanging over your head with a potential garnishment of up to 25 percent of ...
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| HELP! Is this an acceptable Answer to the Complaint? | 3/27/2008 |
Q: I got served with a Civil Action Complaint from a law firm representing LVNV Funding, LLC. I haven't ... A: You probably won't find much information on discovery. At least not specific information about your ...
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| HELP! Is this an acceptable Answer to the Complaint? | 3/27/2008 |
Q: I got served with a Civil Action Complaint from a law firm representing LVNV Funding, LLC. I haven't ... A: Why would you admit anything? I wouldn't. If you admit anything you will almost automatically be ...
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| Judgment collections in Florida | 3/27/2008 |
Q: My fiance and I are both getting judgments against us (seperately) for credit card debt. We each ... A: They can go after joint accounts if you held the cards jointly with no problems. Where did I get my ...
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| Collections lawsuit | 3/27/2008 |
Q: My husband with served a summons for a hospital bill from a collection attorney for a date of ... A: If they have not fully answered your questions in time for court you might want to think about ...
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| Credit card lawsuit | 3/27/2008 |
Q: My wife is being sued for an old credit card debt from around 1999-2004. I have to get more info ... A: I'd love to tell you what they will settle for but since I don't make the decisions for them I can't ...
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| Creditors Interchange | 3/26/2008 |
Q: "I have been getting phone calls from Creditors Interchange for the past 2 weeks about a balance on ... A: They can't send it to the county attorney because county attorneys don't deal with collection ...
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| Credit card debt | 3/26/2008 |
Q: I keep getting these credit cards that my ex ran up and left me with several years ago saying they ... A: 10 years? That has got to be outside the statute of limitations in just about any state. They can ...
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| number of times a creditor can call | 3/26/2008 |
Q: Is there any law that states a creditor can not call you every single day about a past debt? ... A: You can and should look it up for yourself by going to Google and using the search term FDCPA then ...
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| Collections lawsuit | 3/26/2008 |
Q: My husband with served a summons for a hospital bill from a collection attorney for a date of ... A: They can if it is from the same creditor for sure. That's not much of a problem one way or the ...
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| poss judgement against,please help | 3/26/2008 |
Q: I live in SC ,..and I received a Summons for Relief 30 days ago on a debt I owed to a plumbing ... A: There is still too much here that is unknown for me to come up with the right answer so in order to ...
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| poss judgement against,please help | 3/26/2008 |
Q: I live in SC ,..and I received a Summons for Relief 30 days ago on a debt I owed to a plumbing ... A: Well, it is a business debt then unless you used all or the most part of the supplies fixing up your ...
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| credit card collections | 3/26/2008 |
Q: I responded to a law firm that has been calling my sister multiple times(she never answered).I do ... A: I'm glad you want to get active before they drop their bombs on you. Now you need to learn how to do ...
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| poss judgement against,please help | 3/26/2008 |
Q: I live in SC ,..and I received a Summons for Relief 30 days ago on a debt I owed to a plumbing ... A: It appears that what you are talking about is a business related debt rather than a consumer related ...
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| Credit card debt - sending sheriff to my house ? | 3/25/2008 |
Q: I am so upset that I am shaking as I type this. I have $14,000 in credit card debt, which was ... A: The real answer to your problem is one that few want to hear or even think about and that is having ...
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| Collections Harassment | 3/24/2008 |
Q: I've been divorced from my ex-husband for 23 years. This last two weeks I have been getting phone ... A: Yes! Your answer is in sending them a full cease & desist letter by certified mail, return receipt ...
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| I want to pay off a judgment | 3/24/2008 |
Q: My husband has a judgment against him in the amount of $3760 from an old credit card debt; the ... A: One thing you might want to see about is whether or not the Statute of Limitations has expired in ...
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| Credit card debt - sending sheriff to my house ? | 3/24/2008 |
Q: I am so upset that I am shaking as I type this. I have $14,000 in credit card debt, which was ... A: First of all I wouldn't worry too much about them sending a sheriff to your door at this time the ...
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| Received a summons today...help | 3/24/2008 |
Q: My husband received a summons yesterday from a semi local lawyer over a Citibank debt. He is the ... A: There isn't any way to tell how long it will take to go to court. It partly depends on how busy the ...
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| Received a summons today...help | 3/22/2008 |
Q: My husband received a summons yesterday from a semi local lawyer over a Citibank debt. He is the ... A: Yes, it appears that they broke plenty of laws and there are even more violations that you don't ...
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| A Debt and Going to Court | 3/22/2008 |
Q: I received a summons for a defaulted motorcycle loan. I was behind because I lost my job and needed ... A: Why not force them to pay for the motorcycle instead of you if they are so grab happy? The judge ...
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| Served w/ summons, figuring out next move? | 3/21/2008 |
Q: I was served with a summons today regarding a credit card that I had to let go a while back. (Won't ... A: Why would you file bK when there is a much better alternative available for a lot less money? ...
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| Old Debt Bought By CACV | 3/20/2008 |
Q: It has been a good while back when I got a call one day from CACV telling me they had bought a loan ... A: No, I can't tell you about a right to have exemptions designated. That's something I never heard ...
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| I've been served...what are my options now? | 3/19/2008 |
Q: Please help. I was served yesterday for an overdraft debt I incurred at US Bank while I was going ... A: Yes, you very well may be able to pay it and avoid going to court. But what if your taxes don't come ...
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| Collections litigation | 3/19/2008 |
Q: When I was in college, I purchased a Gateway computer under a payment plan. Upon the realization ... A: Yes, there is always a specific way to answer the summons in any case but the response has to be ...
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| I've been served...what are my options now? | 3/18/2008 |
Q: Please help. I was served yesterday for an overdraft debt I incurred at US Bank while I was going ... A: Since you apparently can't pay it off before it goes to trial you apparently have only two options. ...
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| Midland Funding | 3/18/2008 |
Q: I am being sued by Midland Funding for a charge off with FCNB in Portland Oregon. The account was ... A: Yes I can help you. You don't need an attorney. You couldn't find one that will do you much if any ...
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| Summons for Pre-Trial Conference/Mediation | 3/18/2008 |
Q: I have received a summons for pre-trial conference on an old credit card debt (appx 5yrs ago). The ... A: You can settle if you have the cash to do so but don't sign any stipulated judgments or stipulated ...
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| Debt validation: never received 1st letter from Collections | 3/17/2008 |
Q: I recently received a letter from a collection agency concerning a credit card account. It states ... A: Basically you can demand validation at any time. The law says that if you don't dispute within ...
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| Collections | 3/17/2008 |
Q: I am in the process of paying off my debts. I olnl have 2 negatives items on my report that are and ... A: Ok, sorry I confused you even more. Let's start over and see if we can clear that all up for you. ...
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| AmEx Summoned for Debt | 3/17/2008 |
Q: I have been summoned by AmEx Layers for a debt which I owe but have been unable to pay due to ... A: Question 1: How do you reply and what are the potential outcomes? You reply by fiiing a response to ...
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| Collections litigation | 3/17/2008 |
Q: When I was in college, I purchased a Gateway computer under a payment plan. Upon the realization ... A: What city do you live in? I have a very knowledgeable student in Louisville. Yes, they always ask ...
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| garnishment | 3/17/2008 |
Q: this is a long story but i'll try to condense it. A collection agency filed a summons against me for ... A: Ok. That leaves out a statute of limitations angle. The only way I know of would be to end up taking ...
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| small clams court judgement | 3/16/2008 |
Q: I won a small claims court judgement in CA.against a mechanic that did work on my truck, but was not ... A: You would file in the same court that granted your judgment. Same case number too. Yes, I'm sure ...
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| Hospital bill now with legal | 3/15/2008 |
Q: I have hospital bills that have went into collections and then to legal. They total $2900. I was ... A: They already have sued you otherwise lawyers would not be involved. New York isn't a community ...
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| Court Summons | 3/15/2008 |
Q: Yesterday my grandmother had a lady sit in a truck across the street from her house for about 5 ... A: How do you respond? Here is an explanation of how to respond to a summons. ...
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| Hospital bill now with legal | 3/15/2008 |
Q: I have hospital bills that have went into collections and then to legal. They total $2900. I was ... A: There are quite a few questions here. I'll try to answer them in order of their importance in coming ...
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| Court Summons | 3/14/2008 |
Q: Yesterday my grandmother had a lady sit in a truck across the street from her house for about 5 ... A: I wouldn't worry about how you got served, the point is that you did get served. Trying to argue ...
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| small clams court judgement | 3/13/2008 |
Q: I won a small claims court judgement in CA.against a mechanic that did work on my truck, but was not ... A: A judgment is nothing more than a court order saying that the defendant owes the plaintiff money and ...
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| Summons to Appear in Court | 3/13/2008 |
Q: My mother notified me today stating that I am being sued by Ohio State University for a student loan ... A: Statute of limitations don't apply to student loans. Can't use that argument. No, you don't have to ...
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| Next Step After Motion For More Definitive Statement | 3/13/2008 |
Q: I recently ordered your Jurisdictionary kit and was pleased with the contents. I filed a Motion For ... A: Jurisdictionary is not my course. That belongs to Dr. Frederick Graves of Florida. I am affiliated ...
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| dental collection | 3/13/2008 |
Q: I was just served with a paper that says I will be taken to court with what was once a 200.00 bill ... A: You can try to get some of the attorney's fees knocked off but you would be better off to fight the ...
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| Debt Collection | 3/13/2008 |
Q: Almost 4 years ago I let a lease car go back to Bank of America. They sold it and left me owing a ... A: I'm in Oklahoma too. Oklahoma City. You can always call me at 405-684-9297 or 405-227-9423. Yes, he ...
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| Court Summons | 3/12/2008 |
Q: On 3-1-08 I received a copy of summons that was filed on 5-16-07 along with Notice of Case ... A: They probably got a default judgment. If that judgment was out of stat when they filed it is ...
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| Debt charged off | 3/12/2008 |
Q: bank of America charged off my debt. How do I find who has taken control of my debt? I have not been ... A: Don't worry about that. Whomever gets the debt to collect will contact you soon enough. You should ...
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| COLLECTION DEBT | 3/12/2008 |
Q: I SENT A LETTER TO A COLLECTION AGENCY THAT I FOUND ON MY CREDIT REPORT DATED 2/2004. IT WAS A DEBT ... A: Who said they validated the debt? I can assure you that simply showing who you owe is not even a ...
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| garnishment after 18 years | 3/12/2008 |
Q: It was opened in Oklahoma - statue of limitations is 3 years and we live in Ohio - where they ... A: First of all, statute of limitations in Oklahoma is now 5 years for any kind of debt. Oklahoma law ...
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| No vaslidation | 3/12/2008 |
Q: I am having trouble with a debt that showed up on my credit report a few years ago. It was with ... A: I'd say your best bet is likely to be to file a lawsuit on them in federal court. They have made ...
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| How serious is this letter | 3/11/2008 |
Q: I just received this in the mail, a Notice of intention to file litigation and incur court costs and ... A: Wolpoff isn't likely to sue you themselves unless you live in the state they are located in. They ...
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| Stipulation of Settlement Letter | 3/11/2008 |
Q: Good Day, My wife and i have recieved a letter of Stipulation for Settlement. We are concerned that ... A: If you are going to pay it then just make them give you a receipt for your money. Make them prepare ...
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| Civil Justice Suit | 3/11/2008 |
Q: My husband owns his own business and was just served papers from a company he holds a past due ... A: OK. Apology accepted. No problem. Have a nice day and I do wish you the best of luck in finding ...
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| Expired collection we are being persued and harrassed about... | 3/10/2008 |
Q: I have been working on my husbands credit for several years now and have everything off of it, and ... A: If you sent them a cease & desist letter by certified mail and they refuse to honor that then your ...
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| Return Account to Original Creditor | 3/10/2008 |
Q: I have a Zales account that I did not keep up with and it has been turned over for collection. Zales ... A: Well, there are two answers to that. The first one is no, you cannot force the collection agency to ...
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| Civil Justice Suit | 3/10/2008 |
Q: My husband owns his own business and was just served papers from a company he holds a past due ... A: If it is a business debt I can't help you because I only deal with consumer issues, not business ...
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| Credit Card Lawsuit | 3/10/2008 |
Q: I recently received a summons to appear in court concerning an old credit card debt. The plantif is ... A: Yes it is. Go from the last payment date and add 30 days to that and figure it from there. Obviously ...
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| Credit Card Lawsuit | 3/9/2008 |
Q: I recently received a summons to appear in court concerning an old credit card debt. The plantif is ... A: If I had no money to get help to do it right then I'd do the only thing I could do. I would go to ...
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| court summons | 3/9/2008 |
Q: I have to go to court on the 18th of March. This is for an old Dillards acct which I thought I had ... A: How do you learn to do that? Become a creditwrench student. You will learn very, very quickly. Do ...
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| w9 & california small claims judgement | 3/7/2008 |
Q: I won a small claims judgement against a major national bank. The bank refuses to send payment ... A: Well, I'm not an attorney so can't tell you about California law but in most cases and in most ...
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| court summons | 3/7/2008 |
Q: I have to go to court on the 18th of March. This is for an old Dillards acct which I thought I had ... A: Yes, you are probably going to get hung in court. According to what might be called the "law of ...
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| Summons from Capital one | 3/6/2008 |
Q: I live in Indianapolis, IN and have received a summons by us mail for a court date of March 13th, ... A: Your next step will need to be filing a response to the court. That can take a number of differing ...
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| credit card sol | 3/6/2008 |
Q: i have a summons for a credit card debt that is from 1998. charge off date is 2000. i am being sued ... A: Sounds to me like the SOL is up too. I'd file a motion to dismiss and no, you don't need a lawyer to ...
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| debt collection | 3/6/2008 |
Q: I recently received a letter from a debt collector that states a judgement had been made against me ... A: Striking a deal may be easier if you have the money to do it with. On the other hand, fighting it ...
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| proposed original litigation | 3/5/2008 |
Q: I received a photo copy for a legal pleading that Myers and Associates, P.C. in Bedford Texas ... A: It makes no difference what is attached to the summons. You have to respond to the summons. ...
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| credit card | 3/5/2008 |
Q: I have a credit card that is closed it was to be included in a bankruptcy in 1999 but somehow was ... A: Where do you live in Oklahoma? I'm in OKC. You aren't likely to get them to drop all those charges. ...
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| Car Repo | 3/4/2008 |
Q: I owed about $3500 on the car. The car was in a towing yard when I called the credit company and ... A: Why not sue them in federal court if they called your parents and gave them any information about ...
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| proposed original litigation | 3/2/2008 |
Q: I received a photo copy for a legal pleading that Myers and Associates, P.C. in Bedford Texas ... A: That's a question I can't answer. I can't read their minds so can't tell why they did it that way. ...
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| Summons from Capital one | 2/29/2008 |
Q: I live in Indianapolis, IN and have received a summons by us mail for a court date of March 13th, ... A: With a March 13th court date you are probably out of time to answer and you may have to file a ...
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| Capital Management Debt Col |