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About Creditwrench
(Top Expert on this page)

Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
   

You are here:  Experts > Business > Corporate Law > Collections Law

Questions Answered By Expert  Creditwrench 
In Category  Collections Law

SubjectDate Asked

Response to Interrogatories11/18/2009
  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 ...
3 year old debt11/16/2009
  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 ...
Sued by original creditors for credit card debt11/16/2009
  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. ...
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 ...
civil lawsuit11/12/2009
  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 ...
1099c question11/11/2009
  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 ...
Debt collections hearing and more11/11/2009
  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 ...
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 ...
Debt Collection11/6/2009
  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 ...
credit levy11/6/2009
  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 ...
Pregnant and stressed, must file discovery before the 12th of November11/6/2009
  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 ...
payday loan collection11/6/2009
  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 ...
car repo11/5/2009
  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 ...
credit card collection statute of limitations11/4/2009
  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 ...
credit levy11/1/2009
  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 ...
collection balance dispute10/28/2009
  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 ...
apartment lease10/28/2009
  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 ...
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 ...
Credit Card Debt in Oklahoma/Statute of Limitations10/26/2009
  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 ...
How to answer Civil Complaint10/23/2009
  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 ...
scavenger debt collectors10/23/2009
  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 ...
Debt validation timeline10/22/2009
  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 ...
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 ...
garnishment out of busines account10/22/2009
  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, ...
Debt validation timeline10/21/2009
  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 ...
Vehicle Judgment10/19/2009
  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 ...
Motion to Compel or Motion to Sanction10/19/2009
  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 ...
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 ...
CIVIL SUMMONS AFTER CAR ACCIDENT10/18/2009
  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 ...
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 ...
Ford motor credit has issued a judgment aganst me and had me served10/14/2009
  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 ...
Credit Card Lawsuit in Oregon Circuit Court10/12/2009
  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 ...
Chapter 13 bankruptcy - complicated situation10/10/2009
  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 ...
Credit Card Lawsuit in Oregon Circuit Court10/9/2009
  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 ...
Timeshares10/7/2009
  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 ...
Final Judgement and Florida Garnishment Law10/5/2009
  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 ...
Judgement from a bank10/5/2009
  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 ...
Capital One Crunch10/4/2009
  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 ...
Capital One Crunch10/3/2009
  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 ...
judgement10/3/2009
  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 ...
Summons out of jurisdiction10/1/2009
  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 ...
car loan10/1/2009
  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 ...
car loan9/30/2009
  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 ...
balance owed on repossession9/29/2009
  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 summons9/28/2009
  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 ...
car reposed & years later being taken to court9/27/2009
  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 loan9/25/2009
  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 default9/23/2009
  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 ...
car loan9/19/2009
  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 ...
Mortage issue9/18/2009
  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 ...
Summons9/17/2009
  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 ...
judgment and personal possessions9/17/2009
  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 ...
debt collection9/15/2009
  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 ...
Wrongful Garnishment9/14/2009
  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 ...
fighting a order to show cause9/13/2009
  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 ...
Question regarding aggressive collection agency9/9/2009
  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 ...
fighting a order to show cause9/9/2009
  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 ...
Debt Collection9/9/2009
  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 ...
writ of Execution9/7/2009
  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 ...
Garnishment of Checking Account9/6/2009
  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 ...
How to get statements from collection agency9/5/2009
  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 ...
Court Summons on overdrafter account9/4/2009
  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 ...
Judgement9/3/2009
  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 ...
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 ...
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 ...
Being sued for old credit card debt8/29/2009
  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 ...
Deputy came to serve important documents8/28/2009
  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 ...
Civil action for past debt8/28/2009
  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 ...
Joint apartment debt8/28/2009
  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 ...
collections8/26/2009
  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 ...
Arrowhead investments8/26/2009
  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 ...
Deputy came to serve important documents8/25/2009
  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 ...
Mann Bracken LLP8/25/2009
  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 ...
Debt Collections - 3 different situations8/23/2009
  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 ...
Credit Report/OLD debt/scavanger collector8/21/2009
  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 ...
Joint apartment debt8/21/2009
  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 ...
Business CC8/21/2009
  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 ...
COMMERCIAL COLLECTIONS8/20/2009
  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 ...
collection on medical service 5 years ago8/19/2009
  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 ...
Credit card non-payment8/19/2009
  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 ...
Medical bill8/19/2009
  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 ...
SS Checks8/18/2009
  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 ...
Co-signed nephew's apartment ..now in collections8/16/2009
  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 ...
Hubbo's Debt8/16/2009
  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 ...
Judgment8/16/2009
  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 ...
repo car not picked up8/16/2009
  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 ...
Co-signed nephew's apartment ..now in collections8/12/2009
  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 ...
Defense in Motion for Summary Judgement8/12/2009
  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 ...
lanlord/tenant issues8/11/2009
  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 ...
Court Summons8/11/2009
  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 ...
garnishment was filed8/11/2009
  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 ...
garnishment of pension8/8/2009
  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 ...
Questionable Judgement8/7/2009
  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 ...
Refiling past judgement8/7/2009
  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 ...
responding to a summons8/5/2009
  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 ...
Unsecured credit card debt8/4/2009
  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 ...
being sued for cc8/4/2009
  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 ...
summons served improperly8/3/2009
  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 ...
being sued for cc8/3/2009
  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 ...
credit/legal help8/2/2009
  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. ...
Unsecured credit card debt8/2/2009
  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 ...
Unsecured credit card debt7/31/2009
  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 ...
Judgement7/31/2009
  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 ...
Credit Card Debt & Deceased Accountholder7/30/2009
  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 ...
summons7/30/2009
  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 ...
collections7/29/2009
  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 ...
Account Verify7/28/2009
  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 ...
Letter to Past-due Creditors7/28/2009
  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 ...
Credit card debt7/28/2009
  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 ...
Complaint filed in Court7/27/2009
  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 ...
Medical Billing - Debt collectors7/27/2009
  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 ...
Credit Card Debt & Deceased Accountholder7/25/2009
  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. ...
Judgement by Target Dept. Store7/23/2009
  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 ...
Bank freeze in Ohio7/23/2009
  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 ...
Bank Levy7/22/2009
  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 ...
debt before i was married7/20/2009
  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 ...
Statute of limitations on debt collections7/19/2009
  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 ...
credit card suit7/18/2009
  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 ...
Old debt statute of limitations7/18/2009
  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 ...
Baker & Miller Summons on behalf of Discover Card7/17/2009
  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 ...
Love, Beal & Nixon7/16/2009
  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 ...
CBCS from a PO Box in Columbus Ohio7/15/2009
  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 ...
judgement to freeze business account7/14/2009
  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 ...
court summons7/14/2009
  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 ...
freeze7/13/2009
  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 ...
civil action hearing for unpaid credit card debt7/12/2009
  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 ...
Consumer law in TX7/12/2009
  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 ...
court summons7/11/2009
  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 ...
Filing answer to lawsuit with SOL defense7/11/2009
  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 ...
paid account question7/11/2009
  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 ...
levy of property7/10/2009
  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 ...
Consumer law in TX7/10/2009
  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 ...
I've been served7/10/2009
  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 ...
debt collector obtaining my credit report without consent7/9/2009
  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 ...
debt collector obtaining my credit report without consent7/9/2009
  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. ...
Payday Loans - Collections Calls7/9/2009
  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 ...
midland credit hassles7/9/2009
  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 ...
debt collector obtaining my credit report without consent7/8/2009
  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 ...
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 ...
garnishment7/7/2009
  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 ...
Medical Bills7/5/2009
  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 ...
Medical billing7/4/2009
  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 ...
How to respond to a Summons & Complaint7/2/2009
  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 ...
Collection debt7/1/2009
  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 ...
summons6/30/2009
  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 ...
Deceased grandmother and credit card bill6/30/2009
  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 ...
Debt collectors & Social Security checks6/30/2009
  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 ...
sued by debt collector6/30/2009
  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 ...
lawsuit6/30/2009
  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 ...
sued by debt collector6/29/2009
  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 ...
Debt collectors & Social Security checks6/29/2009
  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 ...
Summons6/25/2009
  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 ...
Voluntary repossesion6/25/2009
  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 ...
Credit card arbitration6/24/2009
  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 ...
summons6/24/2009
  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 ...
civil summons6/23/2009
  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 ...
Account charged off as bad debt6/23/2009
  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 ...
Credit card arbitration6/23/2009
  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 ...
Discover Banking Suing6/22/2009
  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 ...
threatening calls regarding old debt6/22/2009
  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 ...
threatening calls regarding old debt6/18/2009
  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 ...
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 ...
Collectors calling at 5am and SOL6/17/2009
  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 ...
Harrasment6/17/2009
  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 ...
credit card judgement6/16/2009
  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 ...
Mortgage Deficiency Summons6/15/2009
  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 ...
collection judgement6/13/2009
  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? ...
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 ...
Summons for Discover Card debt6/9/2009
  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 ...
Legal Time Frame6/9/2009
  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 ...
repossession6/9/2009
  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 ...
obtaining a lien6/4/2009
  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 ...
advice6/3/2009
  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 ...
Bank account liens6/2/2009
  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 ...
Settlement Company Fails5/30/2009
  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. ...
What can the Credit Card Company Take5/28/2009
  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? ...
Ilegal service5/28/2009
  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 ...
payday loan collection5/26/2009
  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 ...
Unsecured Debt on Death and Settlement5/26/2009
  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 ...
Time barred debt5/24/2009
  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 ...
Time barred debt5/22/2009
  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 ...
summons for credit card debt5/22/2009
  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 ...
my payment was retuned5/21/2009
  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 ...
my payment was retuned5/20/2009
  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 ...
car repossesion what can i do5/20/2009
  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 ...
URGENT: Status review hearing in 3days5/18/2009
  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 ...
sec. dep/bill/collections5/17/2009
  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 ...
sec. dep/bill/collections5/17/2009
  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 ...
Court summons for vehicle repo5/15/2009
  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 ...
credit card debt5/15/2009
  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 ...
Being served a summons5/14/2009
  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 ...
Court summons for vehicle repo5/13/2009
  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 ...
Unable to find record of court summons5/13/2009
  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 ...
Discovery Process5/12/2009
  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 ...
law suit5/12/2009
  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. ...
old car lien on title5/12/2009
  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 ...
law firm filed citation against me for credit card debt5/12/2009
  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 ...
old car lien on title5/11/2009
  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 ...
Court summons5/11/2009
  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 ...
summary judgement5/10/2009
  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 ...
credit card debt5/9/2009
  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 ...
Garnishment of checking5/9/2009
  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 ...
law suit5/8/2009
  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. ...
Summary Judgement question5/7/2009
  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 ...
Received a summon on a credit debt5/7/2009
  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 ...
Pay day loan5/7/2009
  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 ...
Summary Of Judgement5/7/2009
  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 ...
credit card judgement5/6/2009
  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 ...
HOA collections5/6/2009
  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 ...
Reported to Collections on Medical Bill5/4/2009
  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 ...
3rd party trying to collect debt by offering a credit card5/4/2009
  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 ...
Collection5/4/2009
  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 ...
3rd party trying to collect debt by offering a credit card5/3/2009
  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 ...
threats from an internet payday loan collection4/30/2009
  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 ...
Past due rent4/30/2009
  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 ...
sent default judgement-how to respond4/30/2009
  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 ...
sent default judgement-how to respond4/29/2009
  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 ...
Old Debt4/29/2009
  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 ...
Filing a response in Ohio4/28/2009
  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 ...
court date for judgement4/27/2009
  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 ...
sent default judgement-how to respond4/27/2009
  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. ...
statue of limitations on old car loan in MN4/27/2009
  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 ...
Credit Card Dictators4/26/2009
  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 ...
court summons for upaid credit card4/26/2009
  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 ...
Collection Calls4/24/2009
  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 ...
court summons4/24/2009
  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 ...
court date for judgement4/24/2009
  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 ...
I am being sued for wifes hospital bills4/24/2009
  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 ...
No Response4/23/2009
  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. ...
Auto repossession collections - Oklahoma4/23/2009
  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 ...
Towing Charges4/23/2009
  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 ...
Wage attachment4/21/2009
  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 ...
judgement4/20/2009
  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 ...
recieved summons by debt collectors4/20/2009
  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 ...
Charge Offs4/19/2009
  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 ...
Answering a Summons to Credit Card debt4/18/2009
  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 ...
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 ...
can a collection agency ask you for your recent check stubs4/17/2009
  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. ...
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 ...
1099 C4/17/2009
  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 ...
old credit debt4/16/2009
  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 ...
judgement4/15/2009
  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 ...
Phone threat of judgment from former Auto Lender4/13/2009
  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 ...
Phone threat of judgment from former Auto Lender4/13/2009
  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 ...
Sent to Collections 3+ years after bankruptcy4/10/2009
  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 ...
Jugement Claim4/9/2009
  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 ...
Collection practices4/9/2009
  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 ...
Serving a summons and Proof of Service4/9/2009
  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 ...
old car debt4/9/2009
  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 ...
Serving a summons and Proof of Service4/8/2009
  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 ...
Sent to Collections 3+ years after bankruptcy4/8/2009
  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 ...
Summons Awaits4/7/2009
  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 ...
consent judgement4/7/2009
  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 ...
Debt Collection Procedures4/7/2009
  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 ...
Debt Collection Procedures4/6/2009
  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 ...
my car loan4/6/2009
  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 ...
medical bills in collection4/6/2009
  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. ...
judgment4/6/2009
  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 ...
Statute of Limitations4/5/2009
  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 ...
Garnishment Judgment4/5/2009
  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 ...
Serving a summons and Proof of Service4/5/2009
  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 ...
Co-signer on an acct4/5/2009
  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 ...
time period for collection4/5/2009
  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 ...
Collection Agency Discrepancy4/5/2009
  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 ...
judgment4/3/2009
  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 ...
Stipulation Letter4/2/2009
  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 ...
Added Collection Fees4/2/2009
  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 ...
Sued by Credit Card Company for Delinquency4/1/2009
  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 ...
Debt Managment3/31/2009
  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 ...
SUMMONS FROM CREDITOR BREACH OF CONTRACT3/31/2009
  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 ...
digital3/29/2009
  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 ...
medical3/28/2009
  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 ...
Statute of limitations on old car loan3/28/2009
  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 ...
Discover Card Suing for unpaid balance3/28/2009
  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 ...
Served civil suit, state of Ohio3/28/2009
  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 ...
Medical Debt Summons3/27/2009
  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 ...
Summons3/27/2009
  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 ...
Statute of Limitations3/27/2009
  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. ...
Summary Judgement3/26/2009
  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 ...
Statute of limitations on old car loan3/26/2009
  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 ...
CIVIL SUMMONS TO COURT3/26/2009
  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 ...
Debt Managment3/26/2009
  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 ...
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 ...
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 ...
Threat of arrest on car loan3/24/2009
  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 ...
creditor lawsuit3/24/2009
  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 ...
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 ...
sued twice3/24/2009
  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 ...
default judgements3/24/2009
  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 ...
Oklahoma cc judgement & Homestead3/23/2009
  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. ...
TEXAS LAW3/23/2009
  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 ...
Concultation3/23/2009
  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? ...
affidavit not attached3/23/2009
  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 ...
debt validation3/23/2009
  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 ...
affidavit not attached3/20/2009
  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 ...
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 ...
Civil Suit3/19/2009
  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 ...
Very Desperate: Debt Issue3/19/2009
  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 ...
FDCPA Violations3/19/2009
  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 ...
Order for asset information after a default judgment3/19/2009
  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 ...
bankruptcy3/18/2009
  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 ...
Old Credit Card Resurfacing3/18/2009
  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 ...
Order for asset information after a default judgment3/18/2009
  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 ...
Order for asset information after a default judgment3/18/2009
  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 ...
Collections for a Vehicle3/18/2009
  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 ...
Notice of Hearing3/18/2009
  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 ...
Providian3/18/2009
  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 ...
collection agency3/17/2009
  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 ...
Credit Card Iusse3/17/2009
  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 ...
Old Credit Card Resurfacing3/17/2009
  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 ...
Repossession3/17/2009
  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 ...
Civil Non Jury Trial Procedures - Credit Card3/17/2009
  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 ...
summons3/17/2009
  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 ...
collection- judgement3/16/2009
  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 ...
Court Summons For Debt Collection3/14/2009
  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 ...
Summons from Bank of America3/14/2009
  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 ...
LPS, Court Officer's card3/13/2009
  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 ...
Received Judgment of garnishes3/13/2009
  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. ...
Judgement received3/12/2009
  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. ...
Agency collecting debt from me3/12/2009
  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 ...
Civil Non Jury Trial Procedures - Credit Card3/12/2009
  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 ...
Midland Funding LLC3/12/2009
  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 ...
Midland Funding LLC3/12/2009
  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 ...
Agency collecting debt from me3/12/2009
  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 ...
LPS, Court Officer's card3/12/2009
  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 ...
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 ...
Hospital Debt Collection3/11/2009
  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 ...
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 ...
wage garnishment3/11/2009
  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 ...
I got a court summons on old debt3/11/2009
  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 ...
Agency collecting debt from me3/10/2009
  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 ...
life after ch 13 dismissal3/10/2009
  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. ...
collection agency practices3/10/2009
  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 ...
life after ch 13 dismissal3/10/2009
  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 ...
Civil Judgment3/10/2009
  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 ...
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 ...
Old university tuition debt question3/10/2009
  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 ...
collection agency practices3/10/2009
  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 ...
payday loan3/9/2009
  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 ...
Initial Communication3/7/2009
  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 ...
credit card lawsuit3/7/2009
  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. ...
Billing from Collection Agencies3/6/2009
  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 ...
proof of debt3/5/2009
  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. ...
CIVIL SUIT ON OLD CREDIT CARD3/5/2009
  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 ...
Bogus Cell Phone Bills & Collectors3/5/2009
  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 ...
Garnishment3/4/2009
  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 ...
Receiving Summons from Different County3/3/2009
  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 ...
Receiving Summons from Different County3/2/2009
  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 ...
Next Steps - Self Representation3/2/2009
  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 ...
Summary Judgement3/1/2009
  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 ...
Mediation/Pre-Trial3/1/2009
  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 ...
Next Steps - Self Representation3/1/2009
  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 ...
non payment of auto loan2/27/2009
  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 ...
Midland Funding LLC2/27/2009
  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 ...
dentist bill2/27/2009
  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 ...
Midland Funding LLC2/27/2009
  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 ...
4 months in Debt with all creditors2/26/2009
  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 ...
foreign judgement2/26/2009
  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. ...
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. ...
Getting sued by capital one2/26/2009
  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 ...
Summons - Circuit court2/24/2009
  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 ...
Default judgment obtained fraudulently 8 years ago2/24/2009
  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 ...
Start LLC to avoid collection2/24/2009
  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 ...
how to find a lawyer2/24/2009
  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 ...
Lawsuit filed in California from JDB2/24/2009
  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 ...
lawsuit2/23/2009
  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 ...
Default judgment obtained fraudulently 8 years ago2/23/2009
  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 ...
Default judgment obtained fraudulently 8 years ago2/23/2009
  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 ...
I've been served in Texas2/21/2009
  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 ...
Default judgment obtained fraudulently 8 years ago2/21/2009
  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 ...
Frozen Bank Account2/20/2009
  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 ...
Responding to a Civil Action2/20/2009
  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 ...
Default judgment obtained fraudulently 8 years ago2/20/2009
  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 ...
initial notice2/20/2009
  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 ...
Judgment without evidence2/20/2009
  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 ...
court summons2/19/2009
  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. ...
Judgment without evidence2/19/2009
  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 ...
Responding to a Civil Action2/18/2009
  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 ...
Credit Card Debt on Medicaid2/18/2009
  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 ...
Credit Card Debt Summons in NYS2/17/2009
  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 ...
Credit Card Debt Summons in NYS2/17/2009
  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 ...
stopping a charge off2/17/2009
  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 ...
Bills and no money2/15/2009
  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 ...
Debt collector phone calls without a written notification2/15/2009
  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 ...
Debt collector phone calls without a written notification2/13/2009
  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 ...
Writ filed against me2/12/2009
  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 ...
Judgment collection2/11/2009
  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 ...
Writ filed against me2/11/2009
  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 ...
Writ filed against me2/11/2009
  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 ...
Debt collector phone calls without a written notification2/10/2009
  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 ...
credit card debts in Oklahoma2/10/2009
  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 ...
credit card debts in Oklahoma2/6/2009
  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 ...
DEBT COLLECTION2/6/2009
  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 ...
CCS @ (866) 945-49732/5/2009
  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 ...
Troublesome Collection Agency2/4/2009
  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. ...
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 ...
Summon2/3/2009
  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 ...
Debt verification2/3/2009
  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 ...
Summon2/3/2009
  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 ...
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 ...
Old Ambulance Bill2/2/2009
  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 ...
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 ...
Credit Card Debt1/30/2009
  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 ...
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 ...
trying to collect on overdrawn checking account1/29/2009
  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 ...
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 ...
Cuenta bancaria sobregirada por cargo de mas de $5,000 por caso legal1/28/2009
  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 ...
debit responsibility1/27/2009
  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 ...
bad credit statue of limitation1/26/2009
  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, ...
Garnishment by CACV of Colorado1/26/2009
  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 ...
Interstate Garnishment1/26/2009
  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 ...
case management1/25/2009
  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 ...
case management1/25/2009
  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 ...
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 ...
Court summons questions1/24/2009
  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 ...
Court summons questions1/23/2009
  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 ...
Do Statute of Limitations1/23/2009
  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 ...
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 ...
Scott Lowery Collection Firm1/22/2009
  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 ...
Statute of Limitations1/21/2009
  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 ...
Summons From American General1/21/2009
  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 ...
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 ...
Surprise Lien1/16/2009
  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 ...
Surprise Lien1/16/2009
  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 ...
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 ...
Surprise Lien1/16/2009
  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 ...
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 ...
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 ...
Dealing with Lawyer/Garnishment1/13/2009
  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 ...
Summons1/13/2009
  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 ...
Summons1/13/2009
  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 ...
accuring interest while in credit counseling service1/11/2009
  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 ...
Old Debt Collection I owe1/11/2009
  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 ...
JUDGMENT1/10/2009
  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 ...
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 ...
Trying to find case law/statute to support doctrine of laches defense1/9/2009
  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 ...
credit collections/ summons for court1/9/2009
  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 ...
Trying to find case law/statute to support doctrine of laches defense1/9/2009
  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 ...
credit collections/ summons for court1/9/2009
  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 ...
JUDGMENT1/9/2009
  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 ...
Personal vs Business Debt1/8/2009
  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? ...
Summons to Court for old credit card debt1/8/2009
  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 ...
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, ...
mrc receivables corp1/7/2009
  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 ...
Debt validation1/5/2009
  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 ...
summons for debt1/5/2009
  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 ...
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 ...
Old Debt Collection I owe1/5/2009
  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 ...
collection agency fee1/4/2009
  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 ...
volentary repo of RV1/3/2009
  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 ...
Midland Funding / Cohen and slamowitz1/2/2009
  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 ...
Credit Card Debt1/2/2009
  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 ...
Midland Funding / Cohen and slamowitz12/30/2008
  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 ...
Personal Loan12/30/2008
  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 ...
Follow up to question previously asked about north carolina SOL12/29/2008
  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 ...
Motion for Summary Judgement12/29/2008
  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 ...
Midland Funding / Cohen and slamowitz12/29/2008
  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 ...
judgement on debt12/26/2008
  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 ...
TXU energy in Texas, trying to collect on wife's debt PRIOR to marriage12/23/2008
  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 ...
foreign judgement12/23/2008
  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. ...
medical debtor pursuing a judgment12/22/2008
  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 ...
getting sued over old auto debt12/21/2008
  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 ...
foreign judgement12/20/2008
  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 ...
getting sued over old auto debt12/19/2008
  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 ...
death collection12/14/2008
  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 ...
Collection Matter - Suit Filed12/13/2008
  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 ...
Capitol One Credit Card debt from 200212/12/2008
  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 ...
Medical Bills12/12/2008
  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 ...
Capitol One Credit Card debt from 200212/11/2008
  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 ...
Sued in Florida by Debt Collector12/11/2008
  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 ...
Capitol One Credit Card debt from 200212/11/2008
  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 ...
Sued in Florida by Debt Collector12/10/2008
  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 ...
Repo Lawsuit12/10/2008
  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 ...
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. ...
Judgement aganist me12/9/2008
  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 ...
Letter of Debt12/8/2008
  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 ...
court summons on old credit debt12/7/2008
  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 ...
small claims+credit card12/6/2008
  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 ...
Being Sued for Credit Card Debt12/5/2008
  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 ...
repo deficiency balance statute of limitations12/5/2008
  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 ...
Being Sued for Credit Card Debt12/4/2008
  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 ...
Credit Card Debt12/4/2008
  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 ...
repo debt12/4/2008
  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 ...
court summons on old credit debt12/3/2008
  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 ...
SOL of Debt Collection12/3/2008
  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 ...
Debt Collection Agency12/3/2008
  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 ...
Debt Collection Agency12/2/2008
  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 ...
Letter of Debt12/2/2008
  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 ...
Collections12/2/2008
  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 ...
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 ...
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 ...
Court Summons11/26/2008
  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 ...
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 ...
Debt Verification & Cert. Mail11/25/2008
  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 ...
Sued for credit card past SOL11/25/2008
  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 ...
Car Loan Collection11/24/2008
  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 ...
Court Summons11/24/2008
  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 ...
collection laws11/24/2008
  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 ...
Cell Phone Collection from 200111/22/2008
  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 ...
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 ...
washingston summons11/22/2008
  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 ...
sued for unsecured debt11/20/2008
  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 ...
Cell Phone Collection from 200111/20/2008
  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 ...
re: collection harrasment11/19/2008
  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 ...
una pregunta11/19/2008
  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 ...
Defaulted on Payday loans11/19/2008
  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 ...
repo debt11/19/2008
  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 ...
being sued11/16/2008
  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 ...
in deep debt at 1911/14/2008
  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. ...
old collection notice11/14/2008
  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 ...
Responding to summons11/12/2008
  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 ...
collections11/12/2008
  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 ...
LTD wants my SSDI lump sum11/12/2008
  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 ...
debt collection11/11/2008
  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 ...
Collection11/11/2008
  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 ...
LTD wants my SSDI lump sum11/11/2008
  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 ...
Cresit card lawsuit11/10/2008
  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 ...
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 ...
Cresit card lawsuit11/9/2008
  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 ...
Answer to the complaint for summons and complaint11/8/2008
  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 ...
judgement11/7/2008
  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 ...
Can't afford Credit Cards11/6/2008
  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 ...
Summons on Bad Credit Card11/6/2008
  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 ...
Medical collection going to Judgement11/5/2008
  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 ...
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 ...
Medical Collector Harrassment11/3/2008
  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 ...
debt validation11/3/2008
  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. ...
Collection Matter - Suit Filed11/2/2008
  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 ...
Collection Matter - Suit Filed11/1/2008
  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 ...
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 ...
Sued By Discover Card10/30/2008
  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 ...
Medical bill10/29/2008
  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 ...
Notice of service of requests for admission10/29/2008
  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 ...
LVNV Funding, LLC10/28/2008
  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 ...
Foreclosure10/27/2008
  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 ...
Enforcement of out of state judgment in AZ10/27/2008
  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 ...
credit card calling hours in florida10/27/2008
  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 ...
Sued By Discover Card10/24/2008
  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 ...
I have Been Served10/23/2008
  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 ...
proper validation10/23/2008
  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 ...
Paying fraud charges10/22/2008
  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 ...
Interstate collections10/18/2008
  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 ...
Auto Loan10/15/2008
  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 ...
Interstate collections10/14/2008
  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 ...
debt10/13/2008
  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, ...
bank levy10/12/2008
  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 ...
old credit card debt10/11/2008
  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 ...
capital one10/11/2008
  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 ...
Colorado - credit card debt, lawsuit, default judgment questions10/10/2008
  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 ...
Payday Loan Collections10/9/2008
  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. ...
Medical bill Summons10/8/2008
  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 ...
collection agencies10/7/2008
  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 ...
Colorado - credit card debt, lawsuit, default judgment questions10/6/2008
  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 ...
Debt10/6/2008
  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 ...
debt validation10/6/2008
  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 ...
False amount lied affidavit10/5/2008
  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 ...
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 ...
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 ...
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 ...
Collection on residential lease10/2/2008
  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 ...
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 ...
Civil Summons10/1/2008
  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 ...
seizing of assets10/1/2008
  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 ...
seizing of assets9/30/2008
  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 ...
Love, Beal, and Nixon9/25/2008
  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 ...
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 ...
Served for old debt9/22/2008
  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 ...
CREDIT CARD DEPT9/22/2008
  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 ...
Anser to cournt sumon on debt collection9/21/2008
  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 ...
Anser to cournt sumon on debt collection9/20/2008
  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 ...
filing an answer(defense) in a civil complaint9/18/2008
  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 ...
filing an answer(defense) in a civil complaint9/17/2008
  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 ...
How to respond to summons if cc debt is past sol9/17/2008
  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 ...
unsecured debt and judgements9/16/2008
  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 ...
summuns9/16/2008
  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 ...
unsecured debt and judgements9/16/2008
  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 ...
credit collection9/16/2008
  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 ...
Summons-SOL9/16/2008
  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 ...
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. ...
How to respond to summons if cc debt is past sol9/16/2008
  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 ...
unsecured debt and judgements9/15/2008
  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 ...
Summons for a lawsuit9/14/2008
  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 ...
collection of summary judgement9/12/2008
  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 ...
court summons,possibly past statue of limitations9/11/2008
  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 ...
How to prepare for trial9/10/2008
  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 ...
summons served9/9/2008
  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 ...
Response to Civil Summons9/9/2008
  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 ...
summons served9/8/2008
  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 ...
Credit Card9/8/2008
  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? ...
debt9/7/2008
  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 ...
getting my money back9/7/2008
  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. ...
Resolving judgement9/5/2008
  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 ...
FNCB Speigel9/5/2008
  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 ...
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 ...
summons served9/3/2008
  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 ...
Debt Collection9/2/2008
  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 ...
Received a court summons today8/31/2008
  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 ...
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 ...
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 ...
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 ...
mediation8/29/2008
  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 ...
statute of limitations defense8/29/2008
  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 ...
Nationwide Credit8/29/2008
  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 ...
Capital One Bank8/28/2008
  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 ...
Judgement8/28/2008
  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 ...
RE:Notice of right to Have Exemptions Designated8/28/2008
  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 ...
Physician payment8/27/2008
  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. ...
Received a court summons today8/27/2008
  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 ...
Nationwide Credit8/26/2008
  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 ...
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 ...
service time from date issued, summons8/26/2008
  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 ...
Served for a Debt I am paying8/26/2008
  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 ...
Summons/SOL for NM Passed/Now Live In OR8/26/2008
  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 ...
Vol. Car Repo8/25/2008
  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 ...
Someone Giving Out My Number8/25/2008
  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 ...
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 ...
BAD DEBT IN TEXAS8/25/2008
  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 ...
statute of limitations defense8/25/2008
  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 ...
Summons/SOL for NM Passed/Now Live In OR8/25/2008
  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 ...
20 Year Old Debt Collection8/24/2008
  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 ...
Vol. Car Repo8/24/2008
  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 ...
20 Year Old Debt Collection8/24/2008
  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 ...
Received a court summons today8/24/2008
  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 ...
Debt Validation8/24/2008
  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 ...
debt collection8/23/2008
  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 ...
debt collection8/23/2008
  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 ...
Summons & Court Date8/23/2008
  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 ...
debt collection8/23/2008
  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 ...
credit card debt8/22/2008
  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 ...
hospital bills in collections8/21/2008
  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 ...
Electric Bill Collections8/21/2008
  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 ...
SERVED A SUMMONS TO FORECLOSE8/21/2008
  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 ...
20 Year Old Debt Collection8/21/2008
  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 ...
deficiency balance8/21/2008
  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 ...
Injured by dentist, Bill in collection8/21/2008
  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 ...
NCO8/21/2008
  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 ...
Sued by Palisade Collections8/20/2008
  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 ...
statue of limitations for unpaid bills in california8/20/2008
  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 ...
Suit by Mann & Bracken8/19/2008
  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 ...
Electric Bill Collections8/19/2008
  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 ...
Time period after filing a response to a civil suit summons8/19/2008
  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 ...
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. ...
Vol. Car Repo8/18/2008
  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 ...
auto lien8/17/2008
  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 ...
9 year old debt8/17/2008
  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 ...
Civil summons for invalid debt beyond SOL8/17/2008
  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? ...
Collection on old credit card debt past sol8/17/2008
  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 ...
Civil summons for invalid debt beyond SOL8/17/2008
  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 ...
Civil summons for invalid debt beyond SOL8/16/2008
  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 ...
unfair car repossession8/16/2008
  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. ...
Being Sued by JP Morgan Chase8/15/2008
  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 ...
Responding to Bill of Particulars8/15/2008
  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 ...
Time period after filing a response to a civil suit summons8/15/2008
  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 ...
Spellman & Roman8/15/2008
  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 ...
Civil Summons Update8/15/2008
  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 ...
statute of limitations8/14/2008
  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 ...
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 ...
Summon for Medical Bill8/14/2008
  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 ...
Judgement8/14/2008
  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 ...
Collecters harassing me about someone else8/13/2008
  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 ...
Law suit against me from Global Acceptance Credit Corp. LP8/13/2008
  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 ...
prevent a medical bill from going to judgement8/13/2008
  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. ...
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 ...
judgements8/13/2008
  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 ...
being sued by BofA8/13/2008
  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 ...
being sued by BofA8/13/2008
  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 ...
received non jury roster8/12/2008
  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 ...
sued by capital one8/12/2008
  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 ...
Voluntary Repo8/12/2008
  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. ...
judgements8/12/2008
  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 ...
statue of limations8/12/2008
  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. ...
Time period after filing a response to a civil suit summons8/12/2008
  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 ...
received non jury roster8/12/2008
  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 ...
judgements8/12/2008
  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 ...
Judgement on Civil Case8/11/2008
  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 ...
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 ...
colections8/11/2008
  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 ...
judgement8/11/2008
  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 ...
Civil Court Debt Collection/Ohio Law Firm8/11/2008
  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 ...
Civil Court Debt Collection/Ohio Law Firm8/10/2008
  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 ...
Being Sued by Capital One8/10/2008
  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. ...
Civil Court Debt Collection/Ohio Law Firm8/9/2008
  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 ...
auto repossession8/8/2008
  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 ...
Being Sued by Capital One8/7/2008
  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 ...
Judgement on Civil Case8/7/2008
  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 ...
summons8/7/2008
  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 ...
Debt Collection and the Army8/7/2008
  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 ...
auto repossession8/7/2008
  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 ...
Civil Summons for credit card8/7/2008
  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 ...
arbitration/registration of award8/6/2008
  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. ...
Signing a Consent Judgment8/6/2008
  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 ...
Collections8/6/2008
  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 ...
Summons for Credit Card Debt8/5/2008
  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 ...
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 ...
Being Sued by Capital One8/5/2008
  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 ...
Prior to a Civil Judgement... Ohio8/4/2008
  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 ...
Texas: Debt Collection Law Suit & Statute of Limitations8/3/2008
  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 ...
Car Repossesion8/3/2008
  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 ...
Texas: Debt Collection Law Suit & Statute of Limitations8/3/2008
  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 ...
Collection fee for a medical claim paid late8/2/2008
  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 ...
out of state judgement8/2/2008
  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 ...
Collection fee for a medical claim paid late8/1/2008
  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 ...
Sued, Liened, and Maxed Out8/1/2008
  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 ...
collections agency8/1/2008
  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 ...
out of state judgement8/1/2008
  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 ...
Midland Credit management7/31/2008
  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 ...
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 ...
sued for credit debt7/31/2008
  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 ...
Help! I'm being sued over unpaid medical bills7/31/2008
  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. ...
Collection Call7/30/2008
  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 ...
Old Debt and Pending Lawsuit7/30/2008
  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 ...
Suit by AMEX7/30/2008
  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 ...
Deficiency on volunteer surrender7/30/2008
  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 ...
received summons7/30/2008
  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 ...
received summons7/29/2008
  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. ...
no client at pretrial7/29/2008
  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 ...
Amex GC Services7/29/2008
  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 ...
judgment filed against me7/29/2008
  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 ...
Car reposession7/29/2008
  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 ...
automobile loan default7/29/2008
  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 ...
Haunting Debt7/28/2008
  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 ...
Verbal Agreement7/28/2008
  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 ...
Car reposession7/28/2008
  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 ...
notice of hearing on claim exemption7/27/2008
  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 ...
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 ...
getting proof of payment7/27/2008
  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 ...
Case was Dismiss with prejudice7/26/2008
  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 ...
Case was Dismiss with prejudice7/26/2008
  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 ...
NCO Financial Services7/26/2008
  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 ...
legal papers7/26/2008
  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. ...
car repo and court7/25/2008
  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 ...
debt management7/25/2008
  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 ...
judgement after statue of limitations had expired7/25/2008
  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 ...
credit card debt7/25/2008
  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 ...
Collector sues my daughter for a medical bill7/25/2008
  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 ...
Confused in CA about garnished wages7/24/2008
  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 ...
Cambece Law Firm collections7/24/2008
  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 ...
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. ...
debt collection - I will put it in a outline form7/24/2008
  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 ...
no client at pretrial7/23/2008
  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 ...
collections on medical bill7/23/2008
  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 ...
Debt collection practices7/23/2008
  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 ...
forecloser7/23/2008
  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 ...
Confused in CA about garnished wages7/22/2008
  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 ...
debt collection - I will put it in a outline form7/22/2008
  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 ...
Debt Collecctions lawsuit7/22/2008
  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 ...
Citibank Lawsuit7/22/2008
  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 ...
one month behind7/22/2008
  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 ...
Unable to pay unsecured debts7/22/2008
  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 ...
Collections Law7/21/2008
  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 ...
COLLECTION AGENCY7/21/2008
  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 ...
Summons by First Resolution Investment to appear in Court7/21/2008
  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 ...
Lawyer demanding high payments7/21/2008
  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 ...
no client at pretrial7/21/2008
  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 ...
collections agency7/21/2008
  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 ...
Citibank Lawsuit7/21/2008
  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 ...
Credit Card Debt7/21/2008
  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. ...
paying debtor instead of collection agency7/20/2008
  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 ...
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 ...
WRITE OFF'S7/20/2008
  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 ...
Calvary Portfolio Services, LLC7/20/2008
  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 ...
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 ...
Late ex-wifes debts7/19/2008
  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 ...
judgement7/19/2008
  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 ...
WRITE OFF'S7/19/2008
  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, ...
Credit card Fraud7/18/2008
  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 ...
Collections and cease and desist letters7/18/2008
  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 ...
collections7/18/2008
  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 ...
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 ...
Breach of contract7/17/2008
  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 ...
judgement7/17/2008
  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 ...
Payday Loans7/16/2008
  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 ...
debt elimination7/16/2008
  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 ...
judgment7/16/2008
  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 ...
debt elimination7/16/2008
  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. ...
Foreclosure after chapter 7 discharge, mortgage included7/16/2008
  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 ...
Chase Attorney's7/16/2008
  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 ...
Agreement violation7/16/2008
  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 ...
Garnish Wages7/16/2008
  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 ...
Agreement violation7/16/2008
  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 ...
Charged-Off Accounts and Debt Reporting7/15/2008
  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 ...
Debt collectors & credit reporting7/15/2008
  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 ...
letter from a law office7/15/2008
  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 ...
Wage and Bank Account Garnishments7/15/2008
  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 ...
Civil Summons7/14/2008
  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. ...
debt collection third party7/14/2008
  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 ...
debt collection third party7/14/2008
  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 ...
debt collection third party7/14/2008
  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 ...
Agency harassment7/14/2008
  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 ...
Court Summons from Debt Collector7/14/2008
  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 ...
medical bill payments7/12/2008
  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 ...
Payday loans7/11/2008
  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 ...
Summons On old dept7/11/2008
  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 ...
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 ...
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 ...
collection7/10/2008
  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 ...
Summons On old dept7/10/2008
  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 ...
Statute of limitations7/10/2008
  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 ...
2 accounts - same CA7/10/2008
  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 ...
2 accounts - same CA7/9/2008
  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 ...
Sued by credit card company7/8/2008
  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 ...
received entry of default due unpaid credit cards7/8/2008
  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 ...
Civil Suit from Collection agency Chase Credit Card7/8/2008
  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 ...
Apartment debt nightmare7/8/2008
  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 ...
Collection Law7/8/2008
  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 ...
Dead breat spouse debt7/7/2008
  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 ...
NAF Award7/7/2008
  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 ...
Debt collection threats7/7/2008
  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 ...
Dead breat spouse debt7/7/2008
  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 ...
Lawsuit Midland Collection7/7/2008
  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 ...
Being Sued7/6/2008
  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 ...
help with bank of america7/6/2008
  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 ...
Indiana Debt Collection Statute of Limitation7/6/2008
  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 ...
Judgment against my wife and I before we got married7/5/2008
  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 ...
being sued by credit card co7/4/2008
  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 ...
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. ...
being sued by credit card co7/4/2008
  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 ...
sued for 10-year-old debt of $2007/3/2008
  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 ...
Plaintiff sending me Interrogatories,production,and admissions7/3/2008
  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 ...
Returning Reported Item7/3/2008
  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 ...
fradulent debt - eskanos and adler threatening to sue7/1/2008
  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 ...
Being Sued7/1/2008
  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 ...
how to respond to a summons6/30/2008
  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 ...
Collection laws6/30/2008
  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? ...
Collection laws6/30/2008
  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 ...
Debt collections6/30/2008
  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 ...
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 ...
Sued by Discover6/29/2008
  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 ...
Wrongful Collection6/28/2008
  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 ...
how to respond to a summons6/27/2008
  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 ...
how to respond to a summons6/27/2008
  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 ...
Oklahoma credit card statute of limitations6/27/2008
  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 ...
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 ...
levy on partnership account6/27/2008
  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 ...
payday loan collection6/26/2008
  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: ...
service of process/motion for discovery6/25/2008
  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 ...
Oklahoma credit card statute of limitations6/25/2008
  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 ...
Collectors calling work6/25/2008
  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 ...
Garnishment6/25/2008
  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 ...
Payday loans6/25/2008
  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 ...
Help with lawsuit6/25/2008
  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 ...
Collection from apartment6/24/2008
  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 ...
Spouse's Emergency Medical Debt6/23/2008
  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 ...
Rcvd Summons from Cap1 atty for6/23/2008
  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 ...
Debt collectors calling workplace for co-worker6/23/2008
  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 ...
Credit card collection6/22/2008
  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 ...
I have been served a summons by Capital One Bank6/22/2008
  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 ...
Charged off account statue of limitations6/22/2008
  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 ...
Judgment by an illegitimate entity6/21/2008
  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 ...
question about motion for summary judgement6/20/2008
  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 ...
Collection from apartment6/19/2008
  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 ...
Suit by Wolpoff and Abramson6/19/2008
  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 ...
How to respond to Summons for alleged Credit Card Debt6/19/2008
  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 ...
Debt collectors calling workplace for co-worker6/18/2008
  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 ...
Credit Report and Collections Question6/18/2008
  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 ...
fraud and judgement6/17/2008
  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 ...
Debt portfolios6/17/2008
  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 ...
Judgment by an illegitimate entity6/17/2008
  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 ...
FDCPA violation6/17/2008
  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 ...
Pre Trial Hearing6/17/2008
  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 ...
civil suite credit card6/16/2008
  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 ...
Suit by Wolpoff and Abramson6/12/2008
  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 ...
unsecured credit card debt6/12/2008
  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 ...
2 Medical Bills - Threatening To Go TO Collections Eventhough I am making monthy payments6/11/2008
  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 ...
Medical Debt6/10/2008
  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 ...
unsecured credit card debt6/10/2008
  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 ...
CA refiled for wage execution on fraudulent account6/10/2008
  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 ...
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 ...
Payday Loans Default6/9/2008
  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 ...
payments acknowledged by collector6/9/2008
  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: ...
Judgement6/7/2008
  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 ...
debt, bankruptcy and summons6/7/2008
  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 ...
MEDICAL LAWSUIT SUMMONS6/6/2008
  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 ...
Old car debt6/6/2008
  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 ...
Old car debt6/6/2008
  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 ...
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 ...
Judgement6/5/2008
  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 ...
colletion notice6/4/2008
  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 ...
ANCIENT DEBT6/4/2008
  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 ...
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 ...
I have been served a summons by Capital One Bank6/3/2008
  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 ...
Response to my dispute letter6/3/2008
  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 ...
Summons on a Hospital Bill6/3/2008
  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 ...
Credit Card Judgement in Florida6/3/2008
  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 ...
Collections Question - Mattress Giant & Wells Fargo6/2/2008
  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 ...
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 ...
court document for old debt6/2/2008
  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 ...
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 ...
Credit card summons and judgement5/30/2008
  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 ...
14 year old debt5/30/2008
  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 ...
Summons for Credit Card Debt5/29/2008
  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 ...
Third party collection5/29/2008
  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. ...
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 ...
Debt collection5/28/2008
  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 ...
A Debt Collector Freezing A Bank Account5/28/2008
  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 ...
Court sumons on an old debt5/28/2008
  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 ...
seperated spouses5/28/2008
  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 ...
Inappropriate Charge5/28/2008
  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 ...
judgements5/28/2008
  Q: what assets are protected from a judgement
  A: A judgment does not permit garnishment of assets. Garnishment is a separate process. Garmishment ...
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. ...
Pretrial Summons5/26/2008
  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. ...
sued by nco5/26/2008
  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 ...
SOL on a Judgement5/26/2008
  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 ...
Pretrial Summons5/25/2008
  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, ...
Service of process on debt5/25/2008
  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 ...
lawsuit from NCO5/24/2008
  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 ...
Sued by Midland Funding5/24/2008
  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 ...
Concerned about Being Sued5/23/2008
  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? ...
Stipulation5/23/2008
  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 ...
Summons from Midland Funding5/23/2008
  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 ...
Collection law5/22/2008
  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 ...
Credit card problem5/22/2008
  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 ...
Sued by Midland Funding5/21/2008
  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 ...
Being sued in small claims by a collection agency I've never heard of5/21/2008
  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 ...
Capital One Summons5/21/2008
  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 ...
10 year old debt5/21/2008
  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 ...
Keeping out of court5/20/2008
  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 ...
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 ...
judgement5/20/2008
  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 ...
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 ...
Collection law5/20/2008
  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 ...
Collection Account Removal5/20/2008
  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 ...
Harrassing calls5/20/2008
  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 ...
Stipulation5/19/2008
  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 ...
Being sued my credit card company5/19/2008
  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 ...
judgment5/19/2008
  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 ...
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 ...
judgment5/19/2008
  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 ...
Service of process on debt5/17/2008
  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 ...
14 year old hospital bill5/17/2008
  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 ...
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 ...
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 ...
collections lawsuit5/15/2008
  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 ...
collections lawsuit5/14/2008
  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 ...
Agreement for Judgment5/14/2008
  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 ...
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 ...
Unifund Group5/13/2008
  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 ...
Served by collection agency5/13/2008
  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 ...
Served by collection agency5/9/2008
  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 ...
summons5/9/2008
  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 ...
oklahoma statue of limitations5/8/2008
  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 ...
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. ...
Being Sued5/7/2008
  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 ...
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 ...
Summons5/7/2008
  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 ...
Legal for Midland Credit seeking judgement5/7/2008
  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 ...
Steps on suing Collection agencies5/7/2008
  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 ...
"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 ...
Summons for Court on Credit Card Debt5/7/2008
  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 ...
responding to civil credit complaint5/6/2008
  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 ...
Finding an attorney5/6/2008
  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. ...
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 ...
Summons for Court on Credit Card Debt5/6/2008
  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 ...
court-ordered stipulation5/5/2008
  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 ...
summons and bank levies5/5/2008
  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 ...
Notice of Involuntary Lien5/4/2008
  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 ...
Statute of limitations on debt collections5/4/2008
  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 ...
court summons for old credit card5/3/2008
  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 ...
Collections/ Summons for cell phone bill5/2/2008
  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 ...
Question on Process Serving5/2/2008
  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 ...
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 ...
er solutions and harrasment5/1/2008
  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 ...
responding to civil credit complaint5/1/2008
  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 ...
Westcap Endorsement Method5/1/2008
  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 ...
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 ...
collection agency4/30/2008
  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 ...
Summons4/30/2008
  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 ...
debt validity4/30/2008
  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 ...
HOW TO FIND AN ATTORNEY KNOWLEGABLE IN FDCPA VIOLATIONS4/29/2008
  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 ...
reposession and collection calls4/29/2008
  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 ...
Old phone bill collection4/29/2008
  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 ...
Summons4/29/2008
  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 ...
Debt Summons4/29/2008
  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 ...
Summons4/29/2008
  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 ...
IN PERSON CREDIT HARRASSMENT4/28/2008
  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 ...
My Medical Bills of $945 went to an attorney4/28/2008
  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 ...
summons4/26/2008
  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 ...
summons4/26/2008
  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 ...
summons4/25/2008
  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 ...
debt collection4/25/2008
  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 ...
Repo Truck4/25/2008
  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 ...
cuenta vieja con time warner cable4/25/2008
  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 ...
7 Repo4/24/2008
  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 ...
Summons In Civil Action4/23/2008
  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 ...
Capital One attorney will not accept payment plan4/23/2008
  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 ...
Canceling a post date pmt4/23/2008
  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 ...
garnishing wages4/22/2008
  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 ...
Summons4/21/2008
  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 ...
Summons4/21/2008
  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 ...
Husband's cc debt after divorce in comm prop state4/20/2008
  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 ...
Battling UniFund CCR in Court4/19/2008
  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 ...
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 ...
Auto Loan Default4/18/2008
  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 ...
Wage garnishment4/18/2008
  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 ...
Summons from an Atty for Capital One4/18/2008
  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 ...
Auto Loan Default4/17/2008
  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. ...
sued by capitol one4/17/2008
  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 ...
Judgement for collection of CC Debt4/17/2008
  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 ...
overdraft collection 7 yrs old4/16/2008
  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 ...
collection agency4/16/2008
  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 ...
Summons Response4/16/2008
  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 ...
Summons Response4/16/2008
  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 ...
Talking to the lender after they filed a law suit4/16/2008
  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, ...
Medical lawsuit summons4/16/2008
  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 ...
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 ...
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 ...
Credit Card Default4/15/2008
  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 ...
CC Lawsuit4/15/2008
  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 ...
Capital One card with $500 limit, now in collections4/13/2008
  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 ...
fradulent debt collection company scam4/12/2008
  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 ...
sued for debt in another state4/12/2008
  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 ...
Court Summons4/11/2008
  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 ...
they dropped the suit now they want to settle4/10/2008
  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 ...
CACH, LLC4/10/2008
  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 ...
Unifund CCR4/10/2008
  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 ...
Civil liability amount4/10/2008
  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 ...
Medical Debt4/9/2008
  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 ...
DEBT COLLECTION4/8/2008
  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 ...
Answer Summons for credit card debt4/7/2008
  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 ...
Judgement Agianst Me4/6/2008
  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 ...
sued for debt in another state4/6/2008
  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 ...
being sued for cc debt4/6/2008
  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 ...
collection4/5/2008
  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 ...
Capital One4/5/2008
  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 ...
Dad retired & moved & left debt4/4/2008
  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 ...
Zombie debt sold...again plus interest4/4/2008
  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 ...
credit card collection4/3/2008
  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 ...
COLLECTION AGENCY LETTERS4/3/2008
  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 ...
DEBT COLLECTION AFTER 134/2/2008
  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 ...
Judegement4/2/2008
  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 ...
statute of limitations/jurisdiction3/31/2008
  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 ...
collections3/31/2008
  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 ...
payment arrangements3/31/2008
  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 ...
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 ...
credit card debt w/ dementia3/30/2008
  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 ...
Letter from attorny New York P.C3/29/2008
  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 ...
Collection Notice3/29/2008
  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 ...
This is the name of the company::National bank financial division of crime in NY3/29/2008
  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 & ...
Hospital bills3/29/2008
  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, ...
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 ...
Foreclosure3/27/2008
  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 ...
Capitalone lawsuit3/27/2008
  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 ...
Foreclosure3/27/2008
  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 ...
Judgement Agianst Me3/27/2008
  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 ...
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 ...
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 ...
Judgment collections in Florida3/27/2008
  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 ...
Collections lawsuit3/27/2008
  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 ...
Credit card lawsuit3/27/2008
  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 ...
Creditors Interchange3/26/2008
  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 ...
Credit card debt3/26/2008
  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 ...
number of times a creditor can call3/26/2008
  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 ...
Collections lawsuit3/26/2008
  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 ...
poss judgement against,please help3/26/2008
  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 ...
poss judgement against,please help3/26/2008
  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 ...
credit card collections3/26/2008
  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 ...
poss judgement against,please help3/26/2008
  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 ...
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 ...
Collections Harassment3/24/2008
  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 ...
I want to pay off a judgment3/24/2008
  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 ...
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 ...
Received a summons today...help3/24/2008
  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 ...
Received a summons today...help3/22/2008
  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 ...
A Debt and Going to Court3/22/2008
  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 ...
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? ...
Old Debt Bought By CACV3/20/2008
  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 ...
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 ...
Collections litigation3/19/2008
  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 ...
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. ...
Midland Funding3/18/2008
  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 ...
Summons for Pre-Trial Conference/Mediation3/18/2008
  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 ...
Debt validation: never received 1st letter from Collections3/17/2008
  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 ...
Collections3/17/2008
  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. ...
AmEx Summoned for Debt3/17/2008
  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 ...
Collections litigation3/17/2008
  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 ...
garnishment3/17/2008
  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 ...
small clams court judgement3/16/2008
  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 ...
Hospital bill now with legal3/15/2008
  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 ...
Court Summons3/15/2008
  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. ...
Hospital bill now with legal3/15/2008
  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 ...
Court Summons3/14/2008
  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 ...
small clams court judgement3/13/2008
  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 ...
Summons to Appear in Court3/13/2008
  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 ...
Next Step After Motion For More Definitive Statement3/13/2008
  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 ...
dental collection3/13/2008
  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 ...
Debt Collection3/13/2008
  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 ...
Court Summons3/12/2008
  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 ...
Debt charged off3/12/2008
  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 ...
COLLECTION DEBT3/12/2008
  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 ...
garnishment after 18 years3/12/2008
  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 ...
No vaslidation3/12/2008
  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 ...
How serious is this letter3/11/2008
  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 ...
Stipulation of Settlement Letter3/11/2008
  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 ...
Civil Justice Suit3/11/2008
  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 ...
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 ...
Return Account to Original Creditor3/10/2008
  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 ...
Civil Justice Suit3/10/2008
  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 ...
Credit Card Lawsuit3/10/2008
  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 ...
Credit Card Lawsuit3/9/2008
  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 ...
court summons3/9/2008
  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 ...
w9 & california small claims judgement3/7/2008
  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 ...
court summons3/7/2008
  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 ...
Summons from Capital one3/6/2008
  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 ...
credit card sol3/6/2008
  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 ...
debt collection3/6/2008
  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 ...
proposed original litigation3/5/2008
  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. ...
credit card3/5/2008
  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. ...
Car Repo3/4/2008
  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 ...
proposed original litigation3/2/2008
  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. ...
Summons from Capital one2/29/2008
  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 ...
Capital Management Debt Col