| Subject | Date Asked |
|
| Collecting from a past employer | 7/1/2009 |
Q: I am inquiring about how to collect from unpaid wages from a past employer. I worked for a speech ...
A: Sara: Unfortunately, she is right. If you can periece the corporate veil you can go after the ...
|
| Debt Collection Practices | 6/27/2009 |
Q: I recently loss my job and contacted my car loan company that I would be late on my payment and gave ...
A: Hope: If it's the original creditor, no. If it is a debt collector, yes, you can write them a ...
|
| contract | 6/16/2009 |
Q: I signed a contract with bally's total fitness, i was allowed 5 days to sign a paper changing or ...
A: Amanda: Your first move should be to dispute it with the credit reporting agencies. Do so in ...
|
| collections | 6/10/2009 |
Q: In September 2008 I was taken to the the hospital by ambulance. It was out of network and I appealed ...
A: Fawne: Generally, no. Sounds as if they're trying to pull one over on you. At this point, I'd ...
|
| to pay or not? | 6/9/2009 |
Q: I have recently pulled my 3-in-1 credit report and found that the three has conflicting information ...
A: Jason: You need to consult with a consumer attorney. If you're in Tennessee, we can recommend a ...
|
| garnishment after dismissal???? | 6/2/2009 |
Q: My fiancee has a credit card that has gone into collection. It went in front of a judge over a year ...
A: Jennifer: It was likely that it was dismissed "without" prejudice which permits the creditor to ...
|
| credit report | 5/27/2009 |
Q: I recently obtained a copy of my credit report and went for help to clean it up. Credit solutions ...
A: Toni: The information you were given is absolutely false. Any amount can be reported. I would ...
|
| rent to own merchnadise repossession | 5/26/2009 |
Q: Could you kindly tell me if there are any limits to time or day of the week when someone can ...
A: Pam: Don't quote us on this but, there is generally no repossession limitations as to time or day ...
|
| Child Support | 5/24/2009 |
Q: I am currently paying child support with extra coming out for back monies owed, the other day my new ...
A: Kevin: This is a specialized legal question which we simply do not know the answer to. Consult ...
|
| billing for services | 5/23/2009 |
Q: I'm a resident of washington state and in December 2006 I got DirecTV connected in my home. I ...
A: Victoria: Unfortunately, yes, they can do this. Please feel free to contact Apex Credit Services ...
|
| Parent's responsibility | 5/22/2009 |
Q: My daughter and I live in California. My daughter is 20 years old and she is living in my house. My ...
A: Lana: No, the doctrine of necessaries generally would only hold you responsible for your children's ...
|
| garnishment | 5/21/2009 |
Q: can a credit card collector garnish a checking acct, when your on unemloyment
A: Don: Unfortunately, the answer is yes. You may consider seeking bankruptcy protection if this is ...
|
| Civil Warrent from Collection Agency inTN | 5/15/2009 |
Q: We just received a Civil Warrant from a collection attorney. This was for a credit card we had at ...
A: Heidi: I would contact Barnette Law Offices, LLC, in Nashville, Tennessee. They are very ...
|
| Collection calls to employer | 5/14/2009 |
Q: A collection agency recently started calling my place of employment to contact me. I have previously ...
A: Ken: I am not familiar with any consumer attorney's in Mississippi. However, I would encourage you ...
|
| Collection calls to employer | 5/12/2009 |
Q: A collection agency recently started calling my place of employment to contact me. I have previously ...
A: Ken: If the entity that is calling is a debt collector, then what they're doing is illegal (a ...
|
| Very Old Bill | 5/11/2009 |
Q: My girlfriend has recently moved back to the USA after over 15 years in her native Mexico. She has ...
A: Charles: To be candid, the bill is far past the statute of limitations in terms of judicial ...
|
| past due credit card | 5/8/2009 |
Q: I am three months past due on all my credit cards becasue I lost my job about 6 months ago. They ...
A: Michelle: Honestly, it probably won't and it will do you no good. Honestly, I would advise you to ...
|
| Pending Legal Judgement | 5/6/2009 |
Q: We were just summoned to appear in court in regards to a past due credit card that we had no idea ...
A: Chris: Unfortunately, it is already before the court. First, I would advise you to retain counsel. ...
|
| Plaza Associates/Advanta Collection Reps lied about settlement agreement | 4/19/2009 |
Q: Had over $100,00.00 in credit card debt when husband lost job. He was out of work(except for min. ...
A: Mary: I would advise you to lay low until the statute of limitations expires. It isn't that long ...
|
| Judgement made by Just. of Peace. | 4/16/2009 |
Q: I own a business(mail package store) that is incorporated as a C Corp, books up to date, separate ...
A: Marty: It sounds as though the judge ruled that the Plaintiff pierced the corporate veil; i.e., you ...
|
| Judgement on credit card debt | 4/15/2009 |
Q: I have a judgement that I have been paying on long enough that the original debt, according to my ...
A: Darla: Yes, you can move the court for post-judgment relief and the court may then compel the ...
|
| what does cahrged off mean | 4/14/2009 |
Q: We have one credit card and we owed 5,.000 dollars.But I lost my job and so did my husband, then our ...
A: Kathy: The term "charged-off" means that the account was charged-off the creditors books as a loss. ...
|
| Pay Day Loan Collection | 4/14/2009 |
Q: I have a company called Vandenberg Chase and Associates out of Georgia calling me, telling me I am ...
A: Mikey: While it would depend on the law of your jurisdiction, generally, no this isn't a criminal ...
|
| Collection Practices | 4/9/2009 |
Q: Good Day: This question is in regard to a Capital One Auto Finance Collections practice, wherein ...
A: Richard: It isn't a violation of the FDCPA's abuse and harassment proviso insofar as the FDCPA ...
|
| How to collect a debt from a cooperation | 4/8/2009 |
Q: I've got a roofing contractor who has signed a legal note to pay an outstanding balance owed for ...
A: Mike: One of the difficult things about suing corporations is actually collecting a judgment. One ...
|
| Affidavit judgement after I paid off the account | 4/6/2009 |
Q: I recieved a summons for an old credit card bill I owed. Immediately after recieveing the court ...
A: Nicole: If you did not make an appearance by showing up or a responsive pleading then the Plaintiff ...
|
| judgement | 4/5/2009 |
Q: if someone gets a judgement against you. is there a statute of limitations on the time they have to ...
A: Don: It varies by jurisdiction in terms of how long the judgment creditor has to execute the order. ...
|
| Apartment | 3/20/2009 |
Q: My husband and I moved out of our apartment in the end of October because our lease was up. We ...
A: Jenny: No, they cannot garnish your wages or levy your accounts with a court order. They must ...
|
| Collection Law | 3/17/2009 |
Q: Is a first party collector obligated to send a bill prior to sending the account to a collection ...
A: Jane: There is no federal law that says they must but, logic dictates otherwise. How would one ...
|
| Stipulation of Settlement | 3/17/2009 |
Q: There has been 2 judgements against my husband for quite a few years. One was for a credit card debt ...
A: Carol: It sounds like a good offer and I would advise you to take it. If they do not uphold their ...
|
| Collection Reporting Wrong amount | 3/15/2009 |
Q: ! I had a medical bill from 2004 which went to collection in 05 June and paid off in full in Jul ...
A: Luke: Is this account tradeline marked as being in dispute? If not, that is both a FDCPA and FCRA ...
|
| Collections letter | 3/13/2009 |
Q: I received a second collections letter from Unifund for a Chase account. I responded asking for ...
A: David: Yes, it is likely that at some point you will need to appear before the bench. Both Unifund ...
|
| Small Claims Judgement | 3/12/2009 |
Q: I just received a notification from my online credit monitoring service of a small claims judgement ...
A: Kb: I am almost certain that wage garnishment is prohibited in Texas. If you received no ...
|
| Possible Repo | 3/10/2009 |
Q: I received a notice to cure your default that expires in a week or two. I have been about 3 months ...
A: Anthony: Keep making the payments. I cannot speculate that they will or will not repo it before it ...
|
| garnishment | 2/13/2009 |
Q: I paid 1/2 the down payment on a car. It was a lemon so I took it back. I signed an as is paper when ...
A: Minnie: Was the seller a dealer or just an individual? The answer to this question will control ...
|
| 11+ yr old Charge Off | 2/6/2009 |
Q: I received a phone call from a debt collection agency telling me I didn't pay off the telephone ...
A: Cole: You can request validation of the debt per the FDCPA and Texas Finance Code. The debt is ...
|
| credit bureau verification | 1/9/2009 |
Q: When I dispute an item with one of the credit bureaus are they obligated to send me the proof (i.e. ...
A: Melody: They only send you the results of the re-investigation. You can thereafter request a ...
|
| Collection letter for account from 1997 | 1/9/2009 |
Q: I received a collection letter from resurgent capital services in DEC 2008. They stated the account ...
A: David: They could sue you but, you would have the defense of the statute of limitations which ...
|
| Alleged debt | 1/8/2009 |
Q: I went to deVry in 2006. As I recalled, the last class that I attended was in the March session of ...
A: Angel: Send DeVry a written request for verification of the debt pursuant to the FACTA ...
|
| ANSWERING A SUMMONS | 1/7/2009 |
Q: I recently received a summons to apppear in court from a collection company. I believe this debt ...
A: Heidi: You need to deny everything you can or state lack of information necessary to deny or admit. ...
|
| delinquent accounts | 1/7/2009 |
Q: When is an account usually considered delinquent according to the law? I have accounts that were ...
A: Mirna: The debt collector tradelines are far easier to remove than the original creditor lines. ...
|
| delinquent accounts | 1/7/2009 |
Q: When is an account usually considered delinquent according to the law? I have accounts that were ...
A: Mirna: Under the Fair Credit Reporting Act, an account is delinquent when it goes thirty days past ...
|
| Car Repo and Wage Garnishment | 1/2/2009 |
Q: If the lender for my dad's car is in Georgia and the car is repo'd can they garnish my wages if I ...
A: Chris: This involves issues pertaining to Article IX of the U.C.C. but, to cut to the chase, ...
|
| Car Repo. laws | 12/31/2008 |
Q: My son leased a new car last month, however he was so upside down in his previous car loan, he ...
A: Mr. or Ms. Ullestad: They can repossess his old car, sale it at auction and sue him for any ...
|
| DEFICIENCY BALANCE COLLECTION | 12/18/2008 |
Q: IF I OWE A DEFICIENCY BALANCE AFTER MY CAR WAS REPOSED AND SOLD, CAN THE BANK GARNISH MY WAGES, OR ...
A: Randy: Depending on your state and presuming the obtain a judgment against you, they could garnish ...
|
| Consequences | 12/16/2008 |
Q: I owe almost $90k in credit card debt, would have to file divorce to file bankruptcy, and at my ...
A: Michael: You're lucky you live in Texas. The worst that could happen is that your credit score ...
|
| Dental Bill from 2004 | 12/15/2008 |
Q: My wife had dental work from 3/22/2004 to 6/30/2004 under her own Dental Insurance. When we were ...
A: Brad: Yes, you would still be responsible for the debt. Simply because a debt is old and perhaps, ...
|
| credit card dispute | 12/14/2008 |
Q: We moved several months ago. The moving company overcharged me by $269. I disputed the charge and ...
A: Scott: In short, it is their choice as to whether to become involved. Sounds as they conducted an ...
|
| small claims | 12/10/2008 |
Q: I had to go to court last month & I asked for a debt validation, which they could not provide the 3 ...
A: Tara: In short, no, however you should plead "waiver" as a defense insofar as they consented to ...
|
| Bad debts that arn't mine, Experian won't delete them! | 12/9/2008 |
Q: I'm in need of advice. About six monthes ago I went through the grueling process of trying to remove ...
A: Thomas: Experian can be very frustrating. At Apex Credit Services, LLC we often help identity ...
|
| Served an Abitration Case summons | 12/7/2008 |
Q: I have just been served an Summons for Mandatory Arbitration by attorneys for LVNV on an old ...
A: John: I would file by motion and schedule a separate hearing for it. If you're in Tennessee, we at ...
|
| Served an Abitration Case summons | 12/6/2008 |
Q: I have just been served an Summons for Mandatory Arbitration by attorneys for LVNV on an old ...
A: John: You have answered your own question. You simply state in your affirmative defenses and or ...
|
| Dental bill recieved from 2 years ago | 12/5/2008 |
Q: I just received a dental bill from AZ for my children that is over 2 years old. We did not have ...
A: Mari: Yes, you are responsible for the debt. I would advise you to pay it before they place it ...
|
| credit card default | 12/5/2008 |
Q: MY DAUGHTER GOT MARRIED OVER A YEAR AGO AND MOVED OUT OF STATE. SEVERAL MONTHS AGO I STARTED ...
A: Kathy: She must address the issue and it appears the only way to do this is for you to convey her ...
|
| repoed truck: collections | 12/4/2008 |
Q: 2 years ago, my girlfriend (at the time) and i purchased truck. Me the buyer and her the ...
A: Dan: Unfortunately, no, it isn't grounds for dismissal. It is only a counterclaim. You may ...
|
| Collection agency wants old debt, I'm not sure what to do. | 12/4/2008 |
Q: Between the months of May and September, 2008, I cold a few items on ebid.net(about 15). Eventually ...
A: Daniel: You may be sued or you may not. Google would have standing to sue you but, that service ...
|
| Husband's Debt | 12/3/2008 |
Q: My husband passed away suddenly in October of this year. We lived and I live in North Carolina. ...
A: Joan: Send the current debt collectors a request for validation. Therein, also tell them to ...
|
| debt collection summons | 12/2/2008 |
Q: My bill was never sent to the correct address. I just got a summons the other day. The original ...
A: Jay: That would depend on whether they actually obtained a judgment. If so and fees and costs were ...
|
| Lease agreements terminated due to my husband's death | 12/2/2008 |
Q: My husband passed away on June 12. At that time, he had two outstanding leases, one on a Honda, ...
A: Grace: If you were not a joint applicant, they cannot pursue you for the debt if the estate was ...
|
| repoed truck: collections | 12/1/2008 |
Q: 2 years ago, my girlfriend (at the time) and i purchased truck. Me the buyer and her the ...
A: Dan: You and your ex-girfriend are both liable for the deficiency insofar as it was a joint ...
|
| Is this allowed | 11/26/2008 |
Q: Is it ok for a collection agency to tell a family member that you have a debt and the exact amount ...
A: Kristian: No, it is impermissible under the FDCPA for a debt collector to speak to anyone aside ...
|
| credit card debt interest | 11/25/2008 |
Q: I recently contacted a collection agency that I was making monthly payments to and they proceded to ...
A: Jonell: No, not unless their purchase included language of such right. I doubt that it did ...
|
| JUDGMENT | 11/22/2008 |
Q: If someone owes us money / refund for a broken contract, what, if any, legal recourse do we have in ...
A: Tammy: You would need to institute a civil action via filing a Complaint and having the offending ...
|
| cell phone collection | 11/21/2008 |
Q: i checked my credit report this month and found that a collection company was on my credit report. ...
A: Jenn: Absolutely. Just make sure that you have a record of it. If they verify it, you'll have ...
|
| Partial Payments in Georgia | 11/20/2008 |
Q: I have heard that if you send in a partial payment on a mortgage or car loan and the creditor ...
A: Roberta: You're referencing the doctrine of accord and satisfaction and it does not work in the way ...
|
| Student Loan Collections Practices | 11/20/2008 |
Q: I have a collections company attempting to collect on a Federal Perkins Loan. I have no problem ...
A: Robyn: The relative's advice is misplaced. Federal loan holders can directly garnish your wages ...
|
| medical bill | 11/19/2008 |
Q: My records show that I gave a 24 hr notice of an appt cancellation for an appt on 6/18/08 for a ...
A: Debbie: The only thing I can suggest is that you submit a written communication to the medical ...
|
| frozen accts | 11/17/2008 |
Q: On Saturday, I went to the bank to withdraw money from my checking acct, I asked for my acct balance ...
A: Jon: They could have only have levied your bank account with a valid court order via a writ of ...
|
| cell phone collection | 11/16/2008 |
Q: i checked my credit report this month and found that a collection company was on my credit report. ...
A: Jenn: Since you live in West Virginia, you have the WV Consumer Credit Protection Act at your ...
|
| Consent Judgment | 11/12/2008 |
Q: My husband has received a consent Judgment from a company named Unifund CCR Partners. They are ...
A: Kelly: It is essentially a confession of judgment under rule 68. If you don't agree to it and they ...
|
| Payday loans | 11/6/2008 |
Q: I just had a payday loan place call me and because they have never received payment threaten to ...
A: S: It could be considered passing a bad check under your state law but, with these type of ...
|
| medical bill | 11/5/2008 |
Q: I live in illinois , got a bill from a collection place , this medical bill is 8 years old , i have ...
A: Charlie: Send the debt collector a written communication by mail wherein you request validation ...
|
| Voluntary turn-in of motorhome | 10/31/2008 |
Q: First, thanks for your informative web site. It has answered lots of my questions. I am no ...
A: Absolutely not. A voluntary repossession with a zero balance will not come close to seeking ...
|
| Credit Card Debt | 10/29/2008 |
Q: I Have a credit card and a store credit debt for the past four months. I live in Texas and just ...
A: Emu: In all honesty, not much in Texas. There are no wage garnishments and it doesn't sound ...
|
| Bankruptcy 13 failed credit cards garnishment | 10/28/2008 |
Q: I filed for a chapter 13 and I was told to try and refile what time constraints do I have? Also if I ...
A: Jo: We will need more information in order to properly ask your question. Please bear in mind ...
|
| Debt collections | 10/27/2008 |
Q: I am in the military and was stationed in Germany. I had a home phone line that was disconnected in ...
A: Mr. Brown: I wouldn't necessarily be concerned about the German company insofar as I doubt they ...
|
| collection letter after defeat | 10/26/2008 |
Q: I answered a summons from a collection attorney a few months ago. I received a letter from the court ...
A: Dave: It could be that their Motion For Default was simply denied while the action itself ...
|
| oBTTAINING COPIES OF CREDIT CARD CONTRACT | 10/12/2008 |
Q: Unable to pay credit card. Received calls, letters from cc company. I sent a certified letter to ...
A: Liz: 1) The debt is probably time barred so check your state's statute of limitations, 2) Deal ...
|
| harrassing bill collectors for someone that has moved | 10/10/2008 |
Q: My brother married and moved out about 6 months ago. He and his wife have been negligent in paying ...
A: Melissa: Yes, under federal law; i.e., the FDCPA, you can compel debt collectors to stop ...
|
| unaware of debt, received collections notice | 10/9/2008 |
Q: Good morning! I recently received a letter from a collection agency for approximately sixty ...
A: Cade: I would ask the debt collector if they have a subscription to the credit report agencies. ...
|
| Proof of bill | 10/8/2008 |
Q: A collection agency Asset Acceptance is garnishing my wages for a old phone bill from 10 years ago. ...
A: Ella: Unfortunately, no, inasmuch as I presume they obtained a default judgement against you in ...
|
| Midland Fuding | 10/7/2008 |
Q: Midland funding has taken me to court for FCNB I ask for a definite statement for the debt with the ...
A: Michelle: If you filed a "Motion for a More Definite Statement" then, no, they don't have to ...
|
| Apartment Collection | 10/3/2008 |
Q: Here is my case: I had a lease with an apartment complex from Aug 2006 for 12 months. When Aug ...
A: Katherine: You need to dispute the tradeline through the collection agencies. In addition, you ...
|
| Closed Account in May... Sent to Collections in July! | 9/30/2008 |
Q: I closed my residential telephone account with Verizon in May 2008. Background: I've had the ...
A: Alicia: You can dispute the tradeline through the credit reporting agencies and try a goodwill ...
|
| Debt collection practices | 9/26/2008 |
Q: My school attempted to collect unpaid tuition fees which were well in excess of the original ...
A: Derek: Technically, no, it isn't legal if your request for validation to the first debt ...
|
| Charge off limitation | 9/24/2008 |
Q: My ex answered a credit app in 1999 and started charging on it. By the time I found out he had moved ...
A: Maryjo: Yes, insofar as the reporting period under the FCRA is seven years while the statute of ...
|
| Collection of newspaper advertising | 9/24/2008 |
Q: I received a call from a company stating my business owed a debt with a newspaper for advertising. ...
A: Rob: Honestly, not much insofar as the FDCPA does not apply to business debts. You may opt to ...
|
| Gmac credit fraud | 9/23/2008 |
Q: Gmac use to service my loan and they never reported my mortgage to the CRA's so my credit score ...
A: Syl: Contact them directly and give them your side of the story. They are actually prettly ...
|
| mother's school loans | 9/23/2008 |
Q: My Mother raised my brother and myself as a single parent through the 50's and 60', before it ...
A: Ms. Lee: Write the debt collector and tell them to cease communications. It is likely been ...
|
| legal judgment | 9/23/2008 |
Q: Citibank got a legal judgment against me in 2004 for credit card debt. When I just called them they ...
A: Dan: That is indicative of the fact that Citibank still owns it. I would attempt to deal with ...
|
| Being sued by Devry Unv. For a loan from 2003 | 9/21/2008 |
Q: I received a summons for a court date in July; I forgot about the date and did not show up in court. ...
A: Nancy: First, you need to see if there is time to still file an answer. Secondly, request ...
|
| Vehicle lien | 9/20/2008 |
Q: How would I go about approaching a major financial institution to buy a vehicle I believe they are ...
A: Mark: The easiest way would be to offer to settle the debt on her behalf on the condition title ...
|
| notice of right to have exemptions designated | 9/20/2008 |
Q: In 2001 a had a voluntary repossesion of a vehicle which was sold and charged off by the original ...
A: Lee: First you need to file an answer. Secondly, you need to ascertain what they have outside ...
|
| SOL and Credit Reporting limits | 9/19/2008 |
Q: I have two questions: 1. If the Statute of Limitations on Debt have been reset, does this mean ...
A: Jodi: 1) No, but the date of last activity will probably be re-aged. 2) Yes, the can ...
|
| legal judgment | 9/19/2008 |
Q: Citibank got a legal judgment against me in 2004 for credit card debt. When I just called them they ...
A: Dan: There is no way of answering that question without looking at your reports. If the Citi ...
|
| Auto loans | 9/18/2008 |
Q: I know that this is not collections but I was wondering if you know anything about people that call ...
A: Jenni: Basically, there is nothing you can do but, protest the repossession when and if that ...
|
| federal debt collections | 9/18/2008 |
Q: In 2001 I had an account with armed forces exchange services. I tried to make arrangements to pay ...
A: Sandra: The government has soveriegn immunity therefore, the statute of limitations may very ...
|
| wife death | 9/17/2008 |
Q: my wife passed away she had some collections on her credit report that tuned in to a judgement on ...
A: Daniel: Unfortunately, yes. However, request validation from the debt purchaser and dispute ...
|
| Voluntary Surrender of Vehicle(s) | 9/16/2008 |
Q: I live in Florida - due to my husbands loss of work (construction field) he had to surrender 3 ...
A: Sherry: It is a Summons for a deficiency judgment between what Ford sold the vehicle for and ...
|
| Receive a summons fora debt I owe but cannot pay | 9/16/2008 |
Q: Will I go to jail, I received a summons this morning for a debt to a credit card company. I do not ...
A: Kathleen: No, you will absolutely not go to jail. You are essentially judgment proof since you ...
|
| debt collection lawsuit | 9/16/2008 |
Q: I have received a summons from a company to which I owe over $6,000(personal loan). The company is ...
A: Lutissha: 1) An answer denying their claims by paragraph or stating you don't have sufficient ...
|
| garnish letter | 9/15/2008 |
Q: I looked at the whole letter. There is nothing in it that states what they are collecting on and it ...
A: Ms. McGill: Was there a case number on it or any indication of who sent it. If so, please call ...
|
| Collections and Credit | 9/14/2008 |
Q: Once you're sent to collections, will paying it off help your credit at all? I've heard it makes ...
A: Jon: The answer depends on what type of collection it is and how old it is. For example, an ...
|
| debt collection | 9/12/2008 |
Q: About five and a half years ago I defaulted on a credit card debt wiht MBNA. It wasn't an actual ...
A: Shawn: It could be considered abuse and harassment or an improper disclosure but, it would be a ...
|
| debt collection | 9/11/2008 |
Q: About five and a half years ago I defaulted on a credit card debt wiht MBNA. It wasn't an actual ...
A: Shawn: Re-payment renews the statute of limitations in some, not all states. You would need to ...
|
| Collections | 9/11/2008 |
Q: My husband and I have credit cards that are now in collections/charge offs. We have each received ...
A: SDW: Send a validation request to the debt purchasers/collectors as soon as possible. Yes, you ...
|
| debt collection | 9/10/2008 |
Q: About five and a half years ago I defaulted on a credit card debt wiht MBNA. It wasn't an actual ...
A: Shawn: First and foremost, the debt may be barred by the statute of limitations. You need to ...
|
| Retirement Income Garnishment | 9/10/2008 |
Q: We won a judgment against someone that hired my husband to do work for him. After the work was done, ...
A: Marie: You need to dicuss this with the attorney that obtained the judgment. Garnishment can ...
|
| Dr failed to file Claim timely attempting to collect | 9/9/2008 |
Q: Can they proceed collections against me if I had an active insurance policy and they had current ...
A: Angela: First and foremost, I am not an expert in insurance laws. They vary from jurisdiction ...
|
| Debt collector lied | 9/8/2008 |
Q: I have a situation where a judgement was obtained against me becuase I did not know I was being sued ...
A: Lorraine: I will presume that a "traverse hearing" is a motion to vacate. If not, you will need ...
|
| Credit Card lawsuit | 9/8/2008 |
Q: I received acourt summons for collection in the summons the plaintiff states that they do not have ...
A: Michelle: I would simply file a Motion to Dismiss, or 12b6 insofar as the Plaintiff states a ...
|
| notification of debt | 9/4/2008 |
Q: Is there any requirement that a creditor must notify you of a debt? We received a collection notice ...
A: Lisa: In short, no, unless they send you a dunning letter. If so, then yes, within five days ...
|
| partial payments | 9/4/2008 |
Q: I received a hospital bill for close to $900 from Saint Christophers Hospital for Children in ...
A: Danielle: Generally, yes, they can send you to collections. You may have some footing if you ...
|
| Looking for some advice | 9/3/2008 |
Q: My Bank is suing me over a credit card. I went to the bank after I lost my job and before I started ...
A: Mendi: Empty that account immediately for they will levy it if they get a judgment. Otherwise, ...
|
| repossessed motorcycle | 8/28/2008 |
Q: My motorcycle was repossessed recently..It was sold for $3,800.00 by Eastern Powersports, East ...
A: Harold: Yes, under Article 9 you are responsible for the judgment deficiency. You can ...
|
| t mobile term fee | 8/27/2008 |
Q: I had t-mobile for a while, well beyond the 2 year period. I initially had (4+ years)a smart access ...
A: Jon: You can intimate what you've conveyed herein to T-Mobile in writing and also to the debt ...
|
| Williams And Fudge collections question | 8/27/2008 |
Q: I went to about 3 months of school (Westwood College) in 2006 and have been paying ever since for ...
A: Joseph: Send the debt collector a request for validation and see if they can prove up their ...
|
| Charge-off laws | 8/25/2008 |
Q: I have two old credit card debts that are approximately 5-6 yrs old. After reviewing the account ...
A: Ron: The FDIC makes them write them off at 180 days. However, that is just an accounting term. ...
|
| Medical bills | 8/23/2008 |
Q: I am being sued for medical bills. I take care of my mother, father, wife, and children and I am the ...
A: Jeff: The only thing you can do is make an appearance before the court and plead your case. ...
|
| Credit card debt | 8/21/2008 |
Q: Most of my credit card debt has been charged off but sold to different collection Ag. I have lost ...
A: John: Yes, I would advise filing BK in your situation. You would need to consult with a BK ...
|
| co-sign | 8/20/2008 |
Q: My husband made a very bad decision and co-signed a loan for a "friend." The "friend" has had major ...
A: Tori: I hate to be the bearer of bad news but, there is virtually nothing you can do to remove ...
|
| Length of time debts show on credit reports | 8/18/2008 |
Q: I recently obtained my credit reports and I'm confused as to the dates showing for each creditor. I ...
A: Michelle: The reporting period is seven years for most accounts. It begins from when the ...
|
| Limitations on credit card debt | 8/16/2008 |
Q: I had credit card debt from 1994. It was written off by the original bank. I have a collections ...
A: Ann: The statute would run from the date of last payment. You should be in the clear for both ...
|
| Charge off - and delention off your credit from the collection agency | 8/14/2008 |
Q: My Speigel credit card is schedule to deletes off my credit file in 01/01/2009. I check my credit ...
A: Ms. Williams: Absolutely not. The seven year reporting date begins from the date that the ...
|
| credit report | 8/12/2008 |
Q: My report is showing collections for medical bills. I had pre-authorization from my insurance co ...
A: Trish: Yes, you can submit disputes through the credit reporting agencies as prescribed in the ...
|
| credit card default | 8/11/2008 |
Q: I saw a commercial on tv about a girlfriend who defaulted on a credit card and they weren't able to ...
A: Adrienee: 1) Credit card "default" is when you simply let the account go and do not live up to ...
|
| filed lawsuit | 8/9/2008 |
Q: I received a letter dated 07/24/08 from what appears to be an attorney who is warning me of a ...
A: DDJ: They cannot obtain a judgment against you without proof of service. If they do serve you, ...
|
| 10 year old Verizon Bill Collection | 8/8/2008 |
Q: In September 1998, I moved from Texas to Oregon. My phone service was from Verizon. All my final ...
A: Sherri: To be candid, if the account isn't on your credit reports and the debt is time barred, ...
|
| Credit Card Debt was sent a Summons | 8/7/2008 |
Q: I need your help and advice if you don't mind. I recently received a Summons 8/1/2008 for a credit ...
A: Reggie: You need to make an appearance. You may need to do so by filing an Answer or appearing ...
|
| Collections | 8/7/2008 |
Q: I am behind on my second mortgage. Two days ago, Washington Mutual sent a third party to my house ...
A: Miguel: That is a new one on us. Honestly, I don't know for certain if it is a violation but, ...
|
| Is there a judgement against me? | 8/6/2008 |
Q: I was just informed that there could be judgement against me on an account my ex-husband started ...
A: Sherry: Check the courts of the county in which you reside and wherein you resided while you ...
|
| Surrendered vehicle | 6/25/2008 |
Q: About a year ago I surrendered my Alero to GMAC. They are stating that I now owe $4000.00 to them. I ...
A: Erica: There is no way to answer this question affirmatively insofar as while you have no ...
|
| RE: collections | 6/23/2008 |
Q: My 17 year old son received a call on his cell phone today asking for my husband he said he was not ...
A: Denise: The next time the call get their contact information. Thereafter, send to them in ...
|
| Car repo (volontary surender) | 6/9/2008 |
Q: It says that they are sewing me for 13000+. Hell the car was 13000 when I bought it. in early 2003. ...
A: Robert: It sounds as if you may have a U.C.C. Article 9 claim on your hands as to any ...
|
| old debt | 6/7/2008 |
Q: I know you've answered this question over and over but I had a corporation that is out of business. ...
A: Kim: If the debt pre-dates your filing for bankruptcy protection, the debt is discharged ...
|
| just recieved summons, need advice | 6/1/2008 |
Q: I have just been served it is from capital one and need advise. Here are some detail: I live in ...
A: John: Your answer should not consist of questions rather, denials or admissions or your claim ...
|
| collections | 5/30/2008 |
Q: Can a collection agency garnish your wage. I am trying towork out a payment plan and they want a ...
A: Dee: Yes, in some states they can garnish your wages and levy bank accounts as well as attach ...
|
| capitalone | 5/30/2008 |
Q: I received a capitalone card in the mail in 2003, i cut it up and threw it away, 3 months later i ...
A: Ms. Csonka: Did you apply for the card and if so, did it have an annual fee? We need to know ...
|
| ref. call | 5/27/2008 |
Q: I put down a friend as a reference. So they called her left her a message for her to tell us to ...
A: Deborah: If it was the original creditor, they can do this insofar as the FDCPA doesn't apply. ...
|
| cell phone bill has been sold to collections | 5/26/2008 |
Q: my name is Oleksii. I'm 23 years old, moved to the USA 2 years ago. That's the time when I got my ...
A: Olesii: Simply put, you need to dispute the applicable account tradeline that now appears on ...
|
| Inappropriate Charge | 5/24/2008 |
Q: We moved from Virginia to California in 2005 and closed all of our active utility accounts as ...
A: Marc: I would recommend the following: 1) Request validation from the new debt collector, ...
|
| Old apartment complex | 5/23/2008 |
Q: I have a Collector calling me on behalf of an apartment complex I left just under 7 years ago. ...
A: Nathan: The account is likely time barred should they decide to sue. Moreover, it isn't on ...
|
| Debt Validation Letter Question | 5/21/2008 |
Q: Two years ago my husband and I signed up with a debt settlement company..they have settled two of ...
A: Heather: Debt settlement companies are usually a scam and even assuming they aren't, they have ...
|
| Old Debt | 5/20/2008 |
Q: There is old debt (credit card)that my spouse never paid. This old debt was charged off and another ...
A: John: If there is no judgment and they are claiming there is, that is a FDCPA violation. ...
|
| Third Party Disclosure | 5/20/2008 |
Q: A collection agency called my home phone and left a message on my answering machine saying "This ...
A: Antonia: Technically, if all the facts lined up perfectly, probably not. However, no judge or ...
|
| Charged Off as Bad Credit | 5/19/2008 |
Q: I have 2 credit card account's that were "charged off as bad debt" and "account closed by credit ...
A: Jim: Unfortunately, yes, the interest and fees would contiune to accrue as you're making ...
|
| credit collections | 5/18/2008 |
Q: and my husband. They did not state who owed what and that we had 20 days to respond. My question is ...
A: Pat: They generally cannot combine bills unless it is the same medical facility and the charges ...
|
| Being sued my credit card companty | 5/17/2008 |
Q: Today I was given a summons informing me I was being sued for $1,101.04 by Capital One. It doesn't ...
A: Kenya: We will answer the questions in the order you presented them: 1) You must file ...
|
| Credit Reporting SOL Old/Transferred debt | 5/16/2008 |
Q: I decided to check my credit reports recently not expecting any problems other than outdated info ...
A: Michelle: You stated that it was paid "or" charged off. When coupling that statement with the ...
|
| Calls several times a day, and asking others for money | 5/16/2008 |
Q: My question has two parts to it. Not too long ago, I had a collector calling up to 5 - 6 times a ...
A: Trisha: If the collection employee was in-house for Bank of America, there is no violation of ...
|
| Question regaarding paying bills that have entered collections. | 5/15/2008 |
Q: I have a question regarding paying off bills that have entered collections. I have a variety of ...
A: Jimi: We will answer your questions in the order you presented them: 1) The best method ...
|
| Credit Reporting SOL Old/Transferred debt | 5/13/2008 |
Q: I decided to check my credit reports recently not expecting any problems other than outdated info ...
A: Michelle: It is the policy of the credit reporting agencies to report positive, closed accounts ...
|
| Unifund Group | 5/13/2008 |
Q: My wife received a summons to appear in court on May 28th of this year regarding a bad debt Unifund ...
A: Sam: Much of what you're saying is correct however, we cannot advise you with much detail ...
|
| who should pay this money my Ex-daughter-in-law or I? | 5/13/2008 |
Q: I was contacted by a collection agency yesterday in regard of medicinal bill for my ...
A: Jack: If you're seeking "legal" representation, we don't offer attorney-c;ient representation. ...
|
| Sent to Collections | 5/12/2008 |
Q: I recieved a medical bill for 1,500. I called to make payment arrangements with the hospital but we ...
A: Jordan: No, they're not obligated to give you an accounting. Most do as a courtesy. That ...
|
| who should pay this money my Ex-daughter-in-law or I? | 5/9/2008 |
Q: I was contacted by a collection agency yesterday in regard of medicinal bill for my ...
A: Jack: Technically, they could argue that they had a permissible purpose under the FCRA necessary ...
|
| Williams And Fudge collection | 5/8/2008 |
Q: This company reported me to all three credit reporting agencies before notifying me in writing of ...
A: Sherri: Unfortunately, yes, they can. However, since your reports was the first notice you ...
|
| credit card debt | 5/8/2008 |
Q: my mom and dad are being taking to court over c cards we live in tennessee they are threating to ...
A: Mary: If this were a couple of weeks into the future, I could jump right in on this. However, ...
|
| Settled at Pre Trial Conference | 5/6/2008 |
Q: I made a big mistake. I was summoned to a pre-trial for a credit company for the amount of ...
A: Paul: If you cannot afford the payment, the Plaintiff may allow you to reduce the price and ...
|
| credit cards | 5/5/2008 |
Q: credit card debt that was from 1994 ,is there any time limit in there collection time???
A: Steven: Yes, however, the statute of limitations is only an affirmative defense in the event ...
|
| collection letter | 5/5/2008 |
Q: I live in texas getting ready to move to virginia in 4 weeks. Me and my wife were scammed by a ...
A: Steven: You could request validation from the collection agency but, that is largely a ...
|
| Is this Cause for Action? ... or simply 'semantics'? | 5/5/2008 |
Q: My bank accounts were levied, under a writ of execution, of a judgment I didn't even know existed. ...
A: Kari: First, you need to consult an attorney licensed in your jurisdiction. However, I will do ...
|
| vacate a judgment | 5/2/2008 |
Q: What can I do to vacate a judgment for unsecured debt that my husband incurred, in which I had ...
A: Alicia: You would have to move the Court in which the judgment was filed to vacate the ...
|
| Collections calls | 5/1/2008 |
Q: can a collection agency call your family memenbrs if they can't get hold of the person
A: Carl: Yes, but only to ascertain the whereabouts of the debtor. They cannot give out account ...
|
| credit card payment | 4/30/2008 |
Q: my husband passed away last month. he has a credit card in his name only. am i obligated to pay? ...
A: Linda: You are not personally liable for the debt unless you live in a community property ...
|
| Warrant In Debt | 4/29/2008 |
Q: I am going to court in May to try to collect on some money my son/daughter-in-law owe me. If I win ...
A: Connie: Most jurisdictions allow this. Just check your local rule of civil procedure. A ...
|
| debt collection | 4/29/2008 |
Q: I hold a judgment, I'd like to lien the debtors bank account. If I go to the court house with my ...
A: Paula: You would first need a writ of execution. In some jurisdictions, the clerk of the court ...
|
| being sued for old cc debt...plz help | 4/28/2008 |
Q: I just received notice that I'm being sued for 11,000 for old credit card debt from a cc I opened ...
A: Tom: Absolutely, there is a statute of limitations. Reference the Ohio Revised Code for open ...
|
| removalof charge-offs on credit report | 4/27/2008 |
Q: I have three charge-offs on my credit report that I have paid off and they show a zero balance. I ...
A: Brent: This is essentially the nature of our business thus, I cannot give your our proprietary ...
|
| Spouse debt on my credit file | 4/27/2008 |
Q: My husband has about (5) separate small medical bills that he has not paid after a hospital stay. ...
A: Wendy: My presumption is that you're right. I don't think you can place an item on someones ...
|
| co signer information rights | 4/26/2008 |
Q: I co-signed my daughters school loans and she defaulted. However, I was never notified by the ...
A: Tawn: Unfortunately, no, the aren't prescribed to notify you before placing the debt with a debt ...
|
| Debt protection | 4/25/2008 |
Q: I have a friend that is being sued for $1800 from Frontier telephone. The Bill is over three years ...
A: Al: She should make an appearance if sued. However, insofar as this is a business debt, the ...
|
| Spouse debt on my credit file | 4/25/2008 |
Q: My husband has about (5) separate small medical bills that he has not paid after a hospital stay. ...
A: Wendy: The answer to your question is contingent upon your jurisdictions posture as to the ...
|
| Dr's office $910 / misfiled with Medicaid/not paid | 4/16/2008 |
Q: I had an acct from 2001 that should have been paid in full if the dr's office would have filed it ...
A: Lynna: No, that certainly isn't true. You need to target certain data fields in order to ...
|
| Collection - wrong person | 4/15/2008 |
Q: Going on six years now, various collection agencies have been trying to collect an old education ...
A: Dave: Yes, send them a request for validation and an order to reduce all future comunications ...
|
| Illegal Credit Reporting | 4/14/2008 |
Q: I have a monitoring service and got an e-mail 4/12 saying my credit score dropped 41pts. I got my ...
A: Dawn: If the account tradeline is verified and you are declined for a re-finance or any credit ...
|
| collection from repossession | 4/13/2008 |
Q: I voluntary took back a car in 1998 because I was unable to make the payments. I recieved a few ...
A: Amy: The debt may or may not be out of statute depending on your jurisdiction. It is too old ...
|
| Debt after death | 4/10/2008 |
Q: My friends father passed away in Lousiana. He and his disabled wife owned a home but nothing else. ...
A: Jan: If the estate is insufficient, then the creditor can challenge the probate proceedings and ...
|
| 12-yr-old medical bill & possible judgement without service | 4/9/2008 |
Q: I'm sorry to bother you, but I posted this question for another expert last week and did not get a ...
A: Sheila: You may conduct a public records search by calling the County Courthouse of the where ...
|
| 4 tears old $21 collection from verizon | 4/9/2008 |
Q: After 58 perfect payments on a verizon select credit card there was an 21 balance that I was unaware ...
A: Kirk: My advice is to send CMI a validation request and include language therein that it is ...
|
| Incorrect tuition debt? | 4/8/2008 |
Q: I have a situation and I am not sure what is the best way to need to deal with it: I was a member ...
A: John: I see and in that case, yes, simply request validation and demand they only contact you in ...
|
| Incorrect tuition debt? | 4/8/2008 |
Q: I have a situation and I am not sure what is the best way to need to deal with it: I was a member ...
A: John: Student loan account tradelines can be difficult to deal with however, you have two ...
|
| medical bill | 4/8/2008 |
Q: and has 10 days to pay or they would turn it over for collections. This is the first notice of this ...
A: Sue: Yes, technically they can however, the bill is likely out of statute for the purposes of ...
|
| Cambece Law Collections - Summons | 4/7/2008 |
Q: I have just received a summons from a J Anthony Cambece regarding collecting on an old credit card ...
A: James: You have two options. Before employing either, call the court where the civil action ...
|
| Repos and laws | 4/7/2008 |
Q: My question is quite simple. Does the finance company have to attempt to make contact prior to the ...
A: Jason: No, Article 9 of the U.C.C. does not prescribe that a creditor make contact before ...
|
| S.O.L | 4/6/2008 |
Q: i have a cell phone bill that is 5 years old i belive that s.o.l as run out now the have sold it ...
A: David: No, the statute of limitations for instituting a civil action or for credit reporting ...
|
| collection agency advice | 4/5/2008 |
Q: Firstly thank you in advance for your help. I had a baby 7 years ago and due to compications had a ...
A: Lisa: You have two basic options: 1) walk away from the debt; or 2) continue to pay what you ...
|
| AUTO LOAN COLLECTION | 4/4/2008 |
Q: I PURCHASED AN AUTO , IT TURN OUT TO BE BE A FIASCO AND I HAD TO TAKE IT BACK TO THE DEALER TO GET ...
A: Marisol: You need to request validation from the party which purchased the assignment rights to ...
|
| Need help | 4/1/2008 |
Q: I sent the following question in days ago, and today this is the unprofessional answer I got from ...
A: Gina: This sounds like a good case for a consumer attorney. Many consumer attorney's work on a ...
|
| Credit Card Debt Default | 3/31/2008 |
Q: I currently have about $50,000 in credit card debt that I am unable to pay. I have not paid my ...
A: Amber: I would advise you to seek bankruptcy protection as soon as possible providing that ...
|
| Credit Default | 3/28/2008 |
Q: I had one credit card that had a balance of $9700.00. It was turned over to a collection agency ...
A: Nikki: You first would be served with a Summons and in most states, you have at least 20 days ...
|
| unanswered dispute letter | 3/27/2008 |
Q: I received services in a non-emergency center at a local hospital(citrus co. on 12/31/07). I was ...
A: Deborah: No, they do not have to honor your dispute letter. While the FACTA amendments to the ...
|
| HELP! | 3/27/2008 |
Q: There is a creditor making harrassing calls to me (yelling, swearing, and hanging up on me). I just ...
A: Michelle: No, this behavior is impermissible. Contact the debt collector in writing and ...
|
| Is it just me, or is this unfair? | 3/26/2008 |
Q: Fifteen months ago, I defaulted on three smaller loans with my credit union. I could not pay the ...
A: Doug: There should have been no new account tradeline established since the amount you were ...
|
| CREDIT DEBTS | 3/25/2008 |
Q: I am in major trouble. I have 2 accounts with Bank of America that have outstanding balances. I got ...
A: Mimi: Yes, they could sue you. Sending an amount you deem feasible would not curb their ...
|
| Collections question | 3/25/2008 |
Q: I was recently injured at work that Workman's Comp took care of in regard to paying for everything. ...
A: Vicki: Send the debt collector a request for validation pursuant to the Fair Debt Collection ...
|
| judgment against me | 3/21/2008 |
Q: This is what's happened so far... Received letter from law firm stating they were acting as a "debt ...
A: Kerry: Unfortuntely, yes, you're up a proverbial creek. The judge simply sided with the debt ...
|
| Disputing Debts | 3/20/2008 |
Q: From a buisnesses point of view, what rights do they have when disputing a debt? We are constantly ...
A: Kacee: You are afforded rights under the Fair Debt Collection Practices Act. We do offer the ...
|
| out-of-state collection agency | 3/20/2008 |
Q: i’m in a bit of a bind. over 10 years ago i sold my car and moved away from WA state. i pulled my ...
A: The worst case scenario is that it remain on your reports. I doubt it likely that the collection ...
|
| Hospital asking for higher monthl payments | 3/20/2008 |
Q: I have been paying on an ongoing medical bill for several years. My two sons who are now both over ...
A: Allen: They can absolutely do anything they wish in terms of acceleration. They do not have a ...
|
| Settlement gone wrong! | 3/18/2008 |
Q: I had an outstanding debt with FIA (Bank of America) who acquired my account when they merged with ...
A: Erin: First and foremost, it is a simple breach of contract claim. Speak with an attorney in ...
|
| payment for appointment after changing doctors | 3/17/2008 |
Q: In September, we changed podiatrists, We sent a letter to the office informing them we were no ...
A: Tim: Request validation from the collection agency and send the physicians office a letter ...
|
| Collection letter from law firm | 3/17/2008 |
Q: I went through a bankruptcy last year and it was officially discharged in April of 07. I own my own ...
A: Mr. Scott: There are no "standard" standard procedures in the debt collection industry when it ...
|
| garnishments on vol surrender if vehicle | 3/14/2008 |
Q: I live in Arizona, i'm upside down on my auto loan have lost my job and am thinking about vol ...
A: Ms. Burbick: This is a detailed matter that will require more analysis than a simple email. ...
|
| Medical bill notice - hospital is sending it to collection | 3/11/2008 |
Q: few months back my wife had a treatment in hospital and my insurance company paid what they could or ...
A: Sunil: You should have taken the 25% offer. That is as low as one can expect to go. The do ...
|
| Inappropriate submital to collection agency | 3/11/2008 |
Q: Regarding an internet/cable tv account closure. I was initially in the wrong by not paying a bill ...
A: Erik: We can assist you "if" the debt collector has reported the item on your credit reports. ...
|
| The original creditor placed a "charge off" | 3/10/2008 |
Q: on my account...the account has been sold or transferred to a collection agency.. My question is ...
A: Tim: Look at the notations in the data fields of the tradeline. It likely says ...
|
| a judgement that has been made and has wrong dollar amount | 3/10/2008 |
Q: I owed a credit card debt...which become out of control..the original debt was around $760.00...the ...
A: Tim: The statute of limitations is an affirmative defense that must be plead in a timely Motion ...
|
| a judgement that has been made and has wrong dollar amount | 3/9/2008 |
Q: I owed a credit card debt...which become out of control..the original debt was around $760.00...the ...
A: Tim: 1) You will need to petition the Court to revise the entry to reflect the correct amount. 2) ...
|
| Never recieved collection notice | 3/9/2008 |
Q: I seperated from my wife in May 2006 and moved to a different residence. My son had a dental ...
A: Greg: Unfortunately, no, a debt collector isn't required to give a consumer notice before ...
|
| AmEx Debt Lawsuit as | 3/8/2008 |
Q: In California...My mother has had an Amercian Express credit card since 2004, that she added me on ...
A: Cynthia: No, American Express cannot hold you liable for anything so long as you were a mere ...
|
| AmEx Debt Lawsuit as "secondary account user" | 3/8/2008 |
Q: In California...My mother has had an Amercian Express credit card since 2004, that she added me on ...
A: Cynthia: No, they cannot sue you for the underlying debt insofar as "authorized users" incur ...
|
| medical collections and collections | 3/5/2008 |
Q: I was in an automobile accident 2 years ago. I hired a lawyer to no avail the case is still open ...
A: Jamie: You should consult with the attorney you hired to represent you in the underlying ...
|
| Am Disabled & being sued by Capital One | 3/5/2008 |
Q: I got served paperwork today by a P.I. It is court papers, saying that I have been sued by Capital ...
A: Ms. Hargrove: You should at least file an Answer to the Complaint in order to avoid a default ...
|
| 3rd Party Collection | 3/4/2008 |
Q: i was served papers for a debt that is pass the SOL in my state. Looking at my credit, it appears ...
A: Amy: You need to timely respond to the Summons that was served to you and plead the statute of ...
|
| Consent Judgment | 3/4/2008 |
Q: I live in Michigan, have been out of work since July 2004 and am being sued for $6,300 by a credit ...
A: Ted: It will do you no good to go to court and convey what you're telling me. It doesn't ...
|
| Phone call evidence. | 2/5/2008 |
Q: I received a debt collection letter from a collection agency. Within 30 days of the date on the ...
A: Jose: Your understanding is correct however, a reasonable amount of time has yet to expire in order ...
|
| ER solutions | 2/5/2008 |
Q: I once had an account with a department store that I am certain that I had paid off. I sad to say ...
A: Brenda: ER Solutions is a notorious offender of the FRCA and more importantly, the FDCPA. ...
|
| Debt going to attorney | 2/4/2008 |
Q: Greetings, My Discover Card debt is in the process of being sent to an attorney to collect the ...
A: Krystal: Unfortunately, Discover is very litigious. They will likely sue you for any amount owed ...
|
| pay day loan collection | 2/4/2008 |
Q: I have a pay day loan collection sent me a letter I responded to make an arrangement to pay the lady ...
A: Teri: They could elect to institute a civil action however, it is unlikely that they would do so ...
|
| collection debt | 2/4/2008 |
Q: My wife started a business registered with the state of Michigan (LLC). The business went under and ...
A: Tim: If she personally guaranteed the debt, then she is liable regardless of the fact that the ...
|
| authorized use of a credit card | 2/3/2008 |
Q: i have a friend who used her mother in law credit card to help pay for the wedding. She then turned ...
A: Elissa: Your friend needs to plead consent as an affirmative defense. The only way that would ...
|
| Lawsuit | 2/3/2008 |
Q: I received a summons to appear in court on an old credit card debt opened account 4/02 last payment ...
A: Cecilia: You will need to consult a licensed attorney in your jurisdiction. However, sounds as ...
|
| Collection on a Promissory Note | 2/2/2008 |
Q: I have a signed promissory note from an ex-girlfriend. Not much money, $732.00. We did not have it ...
A: Robert: In my opinion, it isn't worth it insofar as she will likely not pay the judgment if ...
|
| old collection notice 10 years in CA | 2/2/2008 |
Q: A family members received a collection notice but the letter DID NOT state it was a Notice of ...
A: Nichols: Just request validation of the underlying debt from the collection agency. Leave out ...
|
| collection removal on credit report | 2/2/2008 |
Q: i have a $155 collection debt on all three credit reports. its from a hospital bill that my son went ...
A: Thomas: Your best option at this point is to contact the credit reporting agencies and request ...
|
| Collections | 2/1/2008 |
Q: When I was under the age of 18, I was covered under my fathers health insurance. When I went to the ...
A: Joanna: The debt is the responsibility of your father for billing purposes and credit ...
|
| Medical Debt | 1/23/2008 |
Q: In November 2006 I was seen in a hospital emergency dept for abdominal pain. I had quit my job a few ...
A: Julie: We have an arrangement with NCO Financial and their many subsidaries wherein we negate ...
|
| Collections | 1/23/2008 |
Q: I do the billing for a small dental office in Illinois. There are a few accounts with substantial ...
A: Linda: There is no law stating that your office cannot send the matters to a third party debt ...
|
| Credit Score/Credit Report | 1/22/2008 |
Q: Not long ago, my husband and I found out we have low credit scores. Both of us in the low 500's. ...
A: Robin: Paying off delinquent debts doesn't elavate ones credit scores in most events. In fact, ...
|
| bill | 1/22/2008 |
Q: last year my son had a knee surgery. He was 17. I had to sign as responsible person. Dr. prescribes ...
A: John: If the brace was purchased when your son was a minor, then you as his guardian are ...
|
| Getting collections letter, but acct was paid years ago | 1/8/2008 |
Q: In Oregon I had a debt from 12 years ago. I was purchasing a home so paid it off about 6 1/2 years ...
A: Kristen: Send the debt collector a written request for validation pursuant to the FDCPA. This ...
|
| bankruptcy | 1/8/2008 |
Q: in may of 07 I had a baby with no insurance the medical bills are about $20,000 plus we do have ...
A: Mrs. Baldessari: Yes, you can certainly still seek Bankruptcy protection. In fact, many ...
|
| summons questions | 1/8/2008 |
Q: I was served (a summons was placed on my doorstep) in December 06. I fax'd a letter to them ...
A: June: Unfortunately, yes insofar as it is your duty to move the court for failure to prosecute. ...
|
| Debt Collection on Medical Bills | 1/8/2008 |
Q: I am a college student and am still under my mom's health care plan. All of my medical bills get ...
A: Natasha: It would certainly effect you if the account was turned over to a third party ...
|
| Received a letter from a collection agency for a car I co-signed and was not paid (California) | 1/7/2008 |
Q: Back in November of 2004 I co-signed a contract with my mom in a Ford dealer for a car she was ...
A: Robert: First and foremost, the debt should have been included in your Mother's bankrupcty ...
|
| summons questions | 1/7/2008 |
Q: I was served (a summons was placed on my doorstep) in December 06. I fax'd a letter to them ...
A: June: It is your affirmative duty to respond to a summons with a responsive pleading or ...
|
| How to get civil judgement removed | 1/6/2008 |
Q: In October 8, 2007 i received court papers to attend court for a judgement that was filed against me ...
A: Janie: No, unfortunately, you cannot force him to release the judgment as satisfied. Your ...
|
| Breach of payment arrangement | 1/6/2008 |
Q: What happens when you make a payment arrangement and you did,nt keep it, and youre being takeing to ...
A: Darian: Yes, these happen all of the time. Breach is always necessarily a bad thing insofar as ...
|
| Garnished $3000 after 6 years | 1/6/2008 |
Q: Last year I was shocked to receive a paycheck with a large chunk missing. It turned out I was being ...
A: Sheila: Unforunately, there is little that can be done at this point. I hate to be the bearer ...
|
| Removal of collections | 1/6/2008 |
Q: How dose one remove collections that were negotiated and paid? I have all the checks that were ...
A: Bill: Unfortunately, the mere act of paying a collection account does not remove it from your ...
|
| Garnishments | 1/5/2008 |
Q: A law firm already processed garnishment papers on me in court for and old credit card debit I owe. ...
A: Jack: Do not provide them with a copy of your paystub. That will tell them where you work and ...
|
| UniFund Possible Judgement | 1/5/2008 |
Q: I got a letter from a law firm regarding a Deficiency. When I call the firm they informed me that ...
A: Ian: It is imperative that you get the request for validation to Unifund within thirty days ...
|
| Judgements in GA | 1/4/2008 |
Q: I received a Summons yesterday about a debt owed to Schneider training academy( a Truck driving ...
A: John: It is certainly not in your best interest to allow this matter to be reduced to ...
|
| credit reporting incorrect 2.5 years | 1/4/2008 |
Q: I have an account on my credit reports that has been reported wrong for the pat 2.5 years. The ...
A: Nancy: First, the status may or may not be correct. Even if it were incorrect, I don't think ...
|
| AMEX Business Line of Credit | 1/4/2008 |
Q: I took out an AMEX Business Line of Credit in 2006 and then I received a call from an AMEX rep ...
A: Dale: Your first step in the process should be to dispute the AMEX account through the credit ...
|
| TX - SoL Question | 1/3/2008 |
Q: For credit card debt in Texas -- when does the statute of limitations clock start? I've heard Tex is ...
A: Mike: The statute of limitation for breach of contract begins the date on which the last ...
|
| Credit Card Collections & Charge Offs | 1/3/2008 |
Q: My Bank of America credit card was charged off on my credit card at $13,500. Now a collector is ...
A: Michael: There is no such federal law which precludes the addition of interest after ...
|
| charge off | 1/3/2008 |
Q: Is there a requirement for an unsecured creditor to charge-off a non-paying account within a certain ...
A: Kenneth: I do not beleive that a creditor is required to "charge-off" a debt in a certain ...
|
| served with papers for CC Debt | 1/2/2008 |
Q: I was served with papers today stating that I was being sued over CC debt owed to Citi Bank. What do ...
A: Kristil: You must file a responsive pleading or dispositive motion. If you do not, default ...
|
| Stopped payment on Payday loan checks | 1/2/2008 |
Q: My wife and I have 6 payday loans to "CashLand" in Ohio. I know that payday loans can be a ...
A: Alan: We are not licensed to practice law in the State of Ohio however, I would be reluctant ...
|
| credit reporting incorrect 2.5 years | 1/2/2008 |
Q: I have an account on my credit reports that has been reported wrong for the pat 2.5 years. The ...
A: Nancy: In order to answer your inquiry we would first need to know what is inaccurate or ...
|
| being sued and worried about whats next | 1/1/2008 |
Q: My wife and I are being sued be Capitol One over credit card debt due to my wife and I losing boyh ...
A: Brian: They may or may not be able to place a lien against your home depending upon the laws of ...
|
| debt laws | 12/31/2007 |
Q: In Texas can a collection/law firm take legal action against me civil court for credit card debt? If ...
A: Yes, a law firm can sue you in Texas for an unsecured credit card debt. However, they cannot ...
|
| collection agency has 2 judgement liens on property | 12/31/2007 |
Q: i have 100,000 mortgage and 50,000 home equity and my home in nj is worth about 230,000..my problem ...
A: Jose: Unfortunately, the judgments may show on your credit reports or other data base although ...
|
| Collections court for an old debt | 12/31/2007 |
Q: In '95 I opened a checking acct. with Citibank in Illinois. I closed the account in either 97 or ...
A: Laura: If you are not experienced in legal writing then yes, retaining counsel would be ...
|
| being sued and worried about whats next | 12/31/2007 |
Q: My wife and I are being sued be Capitol One over credit card debt due to my wife and I losing boyh ...
A: Brian: Unfortunately, your options are somewhat limited. First, yes, I would suggest taking ...
|
| Assets transfer ! | 12/30/2007 |
Q: my dad had to pay several credit card companies and was deported from the U.S on some criminal case. ...
A: Omar: So long as your father did not liquidate assets in order to avoid attachment then, no, ...
|
| GA Magistrate Court | 12/30/2007 |
Q: I want to sue a company based in OH for $15,000 due to me. I live in GA (Paulding County). Can I ...
A: Michael: No, you don't have to institute a civil action against the defendant where they ...
|
| questionable billing practice | 12/30/2007 |
Q: I would appreciate some help with problems I’m having with Comcast Cable Company. In January ...
A: Steve: It appears that it is a five year statute of limitations which controls this issue. ...
|
| debt collectors knowing who they are talking to. | 12/29/2007 |
Q: Due to the privacy act, you can not discuss other people personal business with other people without ...
A: Bill: Yes and no. Debt collectors are allowed some latitude when trying to locate a debtor ...
|
| I being Sued by my credit card company | 12/29/2007 |
Q: I just received the summons and complaint from a Law firm, debt that I could not pay to Discover. I ...
A: Mr. Vidal: Unfortunately, your options are rather limited. With that said, you "must" file a ...
|
| being sued for medical bill | 12/29/2007 |
Q: I received a summons for a medical bill for $1500. Earlier in the year i was paying towards the ...
A: Kristen: You may have to get the itemized statement during Discovery if they fail to give it ...
|
| Settling on debt with creditor, but in counseling program | 12/28/2007 |
Q: I entered into a credit counseling program back in 2006 and since then it has helped to manage ...
A: Credit counseling is generally a bad idea. To be candid, bankruptcy is a much better option if ...
|
| Amex Collections | 12/28/2007 |
Q: I have an issue with Amex that I need some advice on. My account, with over $10k in debt, went into ...
A: M: 1) AMEX can still report their account tradeline. It should reflect a zero balance and a ...
|
| questionable billing practice | 12/28/2007 |
Q: I would appreciate some help with problems I’m having with Comcast Cable Company. In January ...
A: Steve: 1) Unfortunately, yes. 2) That is a question that can only be answered by ...
|
| crminal delinquency | 12/28/2007 |
Q: I opened a Citibank credit card in December of 2006. The balance on the card is upwards of $5000. ...
A: Caroline: I will presume that you mean "collector" rather than "creditor." In any event, you ...
|
| Collections court for an old debt | 12/28/2007 |
Q: In '95 I opened a checking acct. with Citibank in Illinois. I closed the account in either 97 or ...
A: Laura: 1) Request validation from the collection agency pursuant to the FDCPA. Get their ...
|
| sued | 12/28/2007 |
Q: this is the first time ive been ever contacted by them, i told them i would try to get $1000.00 by ...
A: Carlos: Their actions are certainly in violation of the FDCPA however, you would not be able ...
|
| being sued for medical bill | 12/28/2007 |
Q: I received a summons for a medical bill for $1500. Earlier in the year i was paying towards the ...
A: Kristen: I am sorry to hear about your situation. Unfortunately, you have little to no ...
|
| Garnishment | 12/26/2007 |
Q: I used to live in Georgia, but I now reside in Virginia. Can a law firm in Georgia garnish my wages ...
A: Mr. Jones: Unfortunately, it doesn't matter wherein the company is based nor does it matter ...
|
| Garnishment | 12/26/2007 |
Q: I used to live in Georgia, but I now reside in Virginia. Can a law firm in Georgia garnish my wages ...
A: Mr. Jones: If they've already reduced the matter to judgment and have executed it in Virginia ...
|
| I'm afraid | 12/26/2007 |
Q: Please help me. My grandfather died five months ago and left me as sole executrix of his estate. I ...
A: Donna: Please be advised that we are not experts in matters pertaining to wills and trusts. ...
|
| credit card collection calls at work | 12/25/2007 |
Q: My husband is disablied,8 years ago. I can not pay my credit cards or a past cellphone bill they ...
A: Lilly: I am sorry to hear about your unfortunate situation. Unfortunately, these debt ...
|
| Phone calls | 12/24/2007 |
Q: I made my credit card payment, on time, through their website. It cleared my bank account but never ...
A: Unfortunately, this is not an uncommon problem. It would be advantageous to know the approximate ...
|
| american express refused to fix lie on credit report | 12/23/2007 |
Q: I had an American express charge card which required the balance to be paid off each month. My ...
A: Larry: You have two potential options here and I will explain them below: 1) You can ...
|
| Unfair reporting | 12/22/2007 |
Q: I have been working really hard for the past two years to fix up my credit after many mistakes when ...
A: Ms. Jeffrey: This practice is far to common with respect to debt purchasers. That is too say, ...
|
| Credit Card | 12/21/2007 |
Q: I have a past charge card by Gap that in a nutshell I allowed to become delinquent. The account was ...
A: Cyntrina: It is likely that GAP no longer owns the account insofar as GE Money Bank ...
|
| Dental Bills | 12/20/2007 |
Q: My husband saw a dentist who performed agressive treatment, maxing out our insurance benefits, while ...
A: Brenda: Honestly, just pay it. The negative effects upon your credit are not worth fighting ...
|
| Collection fees | 12/20/2007 |
Q: I have a debt owed to a Bank for $424 since September. After I received a letter from a collection ...
A: Shantell: More often than not, creditors will have interest imposed upon returned checks and ...
|
| Collection fees | 12/19/2007 |
Q: I have a debt owed to a Bank for $424 since September. After I received a letter from a collection ...
A: Shantell: If your request for validation was sent within thirty days from your initial ...
|
| Being Sued by Credit Card Company | 12/19/2007 |
Q: I'm in Texas. I was served with papers to appear in court due to a credit card company (Providian) ...
A: T: Yes, you would be of sound reasoning to counsel with an attorney. Dean Malone and Craig ...
|
| Credit Card | 12/19/2007 |
Q: I have legal action against me by a law firm claiming to represent Citibank for dept that remains ...
A: Howard: First, it is imperative that you make an appearance with respect to the Complaint. ...
|
| statute of limitations | 12/19/2007 |
Q: So I just received what looks to be an authentic collections letter from a company working on ...
A: Rachael: Unfortunately, no, there is no prescribed statute of limitations as to collection ...
|
| Medical debt collections procedures and my rights | 12/19/2007 |
Q: I incurred an emergency room visit totaling $3,500 for one day of testing. No overnight stay. Three ...
A: Letitia: You have the contractual right to amend any previous agreement reached with ...
|
| Personal Judgement and Businesses | 12/18/2007 |
Q: I have a personal judgement that i've been fighting for 2 years now, for a supposed credit card that ...
A: Paul: It won't technically effect an LLC or C or S Corp in terms of filing. However, it will ...
|
| DEFAULT JUDGEMENT AND WAGE GARNISHMENT | 12/18/2007 |
Q: I recently discovered that a default judegement was filed in the King County Superior Court in the ...
A: Yes, you would be right thinking to consult counsel on this matter. You have a rather complex, ...
|
| PayDay Loans | 12/18/2007 |
Q: I got into a terrible cycle of getting payday loans because my boyfriend lost his job a week after I ...
A: Kandis: Yes, the can sue you and yes, unfortunately, they can garnish your wages. They cannot ...
|
| credit card repayment | 12/18/2007 |
Q: My grandfather wrote me a check from his credit card company (one of those checks that come with ...
A: Heather: Absolutely not. You are not liable for a debt which your Grandfather incurred. His ...
|
| Unifund - collection | 12/18/2007 |
Q: I received a negative report from Unifund. The report states that the account was opened in May ...
A: Tina: Unifund is a rather troublesome debt purchaser. Per their usual and inaccurate ...
|
| internet payday loan | 12/17/2007 |
Q: I was contacted from a company called Geneva Roth who stated that I took out an internet payday loan ...
A: No, you cannot go to jail unless you passed a "worthless check." To me, it sounds as if this was a ...
|
| Settlement letter | 12/17/2007 |
Q: Are these Good terms for a settlement...The "MAY" in the letter has me concerned: This letter ...
A: Danny: The language is acceptable. It is safe to agree to the terms therein. No, the ...
|
| Summons on Collection Dept | 12/15/2007 |
Q: My daughter was served with a summons from an attorney in regards to a collection on a Chase credit ...
A: While the Summons and service thereof was likely valid under the Notice of Process statutes of your ...
|
| New Jersey Collection Debt Laws | 12/15/2007 |
Q: i live in new jersey. are they allowed to take money out of my check. i also own a home, can they ...
A: Yes, in most jurisdictions, creditors are permitted to garnish wages. While they cannot "take" a ...
|
