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Negotiating Disputes/Questions
| Subject | Date Asked | Expert |
| Collections | 6/16/2008 | Michael Brotherton |
| Q: I saw a response to a question posed from another individual who had taken an online payday loan ... A: You have done the right thing. If your boss needs to verify this is a scam have him call me. If this ... | ||
| Escrow Account | 6/13/2008 | Michael Brotherton |
| Q: My question is a two part questions. A little background of my situation, I sold my home in Feb, ... A: No, you do not need to release the escrow, however I see no benefit or reason to hold the funds if ... | ||
| US National Bank | 6/6/2008 | Michael Brotherton |
| Q: Brotherton: Last evening I received a telephone call from US National Bank threatening me with ... A: First, US National Bank does not exist. This organization is a scam. They have harassed people into ... | ||
| Misleading Quote | 5/30/2008 | Michael Brotherton |
| Q: I am a film student currently studying at an academy in New Zealand. Over the last couple of months ... A: Unless you initiated changes to the order then the only thing I would think you would be responsible ... | ||
| Business Loan | 5/29/2008 | Michael Brotherton |
| Q: I am a business partner with 3 other people in a small business that was started 10 years ago. 5 ... A: What is the legal structure of the company? Is this an S Corp or straight partnership? If the ... | ||
| Garneshment after Chapter 13 is confirmed | 5/27/2008 | Michael Brotherton |
| Q: I filed for Chapter 13 Bankruptcy back in 2006, the stay was imposed and sent to all creditors, plan ... A: Contact your attorney and/or the trustee and advise them the creditor is violating the stay. This is ... | ||
| Requesting to be bought out by partners | 5/25/2008 | Michael Brotherton |
| Q: I am in a total mess. A large part if this is my fault for not getting anything in writing. A ... A: It sounds like to me that you may have a case as long as you can provide documentation for the terms ... | ||
| Lied to to open CC account | 5/19/2008 | Michael Brotherton |
| Q: I had received a credit card offer last year and received my card and noticed that there was an ... A: I'm afraid unless you have it in writing you cannot prove they waived the fee. You can try climbing ... | ||
| US National Bank | 5/13/2008 | Michael Brotherton |
| Q: I received a call from a Don Wilson with the Financial Crime Division unit regarding a payday loan ... A: PLEASE DON'T GIVE THEM ANY MORE MONEY. This is a scam. You will need to close that account and open ... | ||
| us national bank | 5/9/2008 | Michael Brotherton |
| Q: they will not give me any information and when i say who do i pay they tell me to go to a moneygram ... A: This is definately a scam. Do not panic. They cannot do anything to you. They are just trying to ... | ||
| Unauthorized Credit Card Charges | 4/24/2008 | Michael Brotherton |
| Q: It was necessary for my daughter to stay in a motel after being discharged from the hospital after ... A: You are probably correct that they are scamming you and have probably done so to others. First, try ... | ||
| Wage garnishment from 1995 | 4/19/2008 | Michael Brotherton |
| Q: I really hope you can help with this. My problem is my wages are being garnished for a debt that is ... A: I take it you also have another full time job. Depending on your state, and I am not clear where you ... | ||
| VOLUNTARY REPOSESSION | 4/17/2008 | Ontrack Financial Group llc |
| Q: I filed bankruptcy about 1 year ago. I needed a car after and got into a high interest sub prime ... A: Mary, We understand your position. Believe it or not your rebuilding your credit. The bankruptcy ... | ||
| Unauthorized charge to debit card | 4/13/2008 | Michael Brotherton |
| Q: I live in California. In January, I bailed out a relative and paid $800 down and signed a contract ... A: You took the words out of my mouth. If the company doesn't take immediate action file suit. First, ... | ||
| Payday Loan | 4/10/2008 | Michael Brotherton |
| Q: and he owed them money. Well on 4/9/2008 he received three theating calls from some guy that he ... A: THIS IS A SCAM! Do not believe a word they say. Your son is not going to jail and there is no US ... | ||
| US National Bank Pay Day loan | 4/5/2008 | Michael Brotherton |
| Q: Can charges be filed in Texas against me for not paying these loans because my account had to be ... A: Do not give them banking information. This is a scam. I have received numerous calls and letters ... | ||
| non-refundable deposit on a lease | 4/3/2008 | Michael Brotherton |
| Q: I paid a deposit to secure a lease. She wrote on the receipt "non-refundable if you change your ... A: If you didn't sign anything and it was not disclosed to you previously you may be able to get it ... | ||
| calls | 3/29/2008 | Michael Brotherton |
| Q: I received a call from a man stating I owed a large amount of $ would not give me info told me it ... A: You are probably correct that this is a scam to get you to pay money you don't owe. I have received ... | ||
| Am I responsible? | 3/22/2008 | Michael Brotherton |
| Q: I own a small gym in a small town in Florida. Several months ago I received a call from "A" company ... A: Write them and demand they cease all contact and advise them you intend on filing suit against them ... | ||
| Answering a summons | 3/21/2008 | Michael Brotherton |
| Q: I received a summons on March 16th, 2008 from a company called Unifund Certified Partners. It ... A: I am very familiar with Unifund. The problem is they are very aggressive in pursuing legal action ... | ||
| veh. repos. | 3/19/2008 | Michael Brotherton |
| Q: I cosigned on a loan for my stepson on or about June 2007, and I have had to make several payments ... A: In order to take possession of the vehicle he would have to voluntarily surrender the vehicle to you ... | ||
| Credit Card fee in dispute | 3/17/2008 | Michael Brotherton |
| Q: On a recent trip to Italy, my wife purchase some items for a total of a little over $400 US. She ... A: If you haven't received the merchandise and they will not respond to e-mail or phone calls I would ... | ||
| Theft of Property Real and Personal | 3/16/2008 | Michael Brotherton |
| Q: NJ- How can I have money returned that was taken illegally by banks and also several debt ... A: You may go to google or yahoo and type in petition to reopen case in your state. You may get some ... | ||
| Theft of Property Real and Personal | 3/15/2008 | Michael Brotherton |
| Q: NJ- How can I have money returned that was taken illegally by banks and also several debt ... A: You may want to contact your state attorney general and file a complaint. You may also petition the ... | ||
| Civil Justice Suit | 3/11/2008 | Michael Brotherton |
| Q: "I'm not sure if you can help in this area, but whatever advice you can give would be much ... A: When you "answer" a complaint you are giving your explanation of the situation in an attempt to ... | ||
| payday loan | 2/26/2008 | Michael Brotherton |
| Q: I have received a call from a man that he is with US National Bank,financial crime division and that ... A: I would love to get hold of these people. My first suggestion is file a police report for ... | ||
| Stop payment on Check | 1/30/2008 | Michael Brotherton |
| Q: WE are an independent dealer for a cellular service provider. We receive commissions per new ... A: I don't know whether there is a legal requirement for notification prior to a stop payment but as a ... | ||
| Unpaid online loans | 1/28/2008 | Michael Brotherton |
| Q: Brotherton, I got a loan through the National Money Store in December of 2007. On December 12th, I ... A: First, you cannot go to jail for a civil debt. This is a civil matter. You did not commit fraud. ... | ||
| are settlements taxable | 1/16/2008 | Michael Brotherton |
| Q: We are in the process of settling out of small claims court with a retailer for breach of contract. ... A: Settlements are usually taxable under IRS rules if reported by the creditor on 1099. This is usually ... | ||
| Defaulted on an auto loan. Served court papers. | 1/3/2008 | Michael Brotherton |
| Q: I took out a loan for a vehicle for my ex-husband in 2005. He defaulted on the loan and the auto was ... A: I am all for protecting your assets but if your creditor finds that you converted the title they ... | ||
| junk debt buyers or assignees | 1/1/2008 | Michael Brotherton |
| Q: What is the difference if any between a collection agency that buys bad debt and an agency that is ... A: There is not much difference depending on the terms of an assignment. Some collection agencies have ... | ||
| Defaulted on an auto loan. Served court papers. | 12/29/2007 | Michael Brotherton |
| Q: I took out a loan for a vehicle for my ex-husband in 2005. He defaulted on the loan and the auto was ... A: First and foremost relax. You cannot pay what you don't have. It is unfortunate though that you are ... | ||
| Medical bill dispute | 12/19/2007 | Michael Brotherton |
| Q: A hospital performed two of three needed tests on me and then dropped me for reasons unknown. I ... A: You may be responsible for the bill but may be able to take it a step further to find out the ... | ||
| Court Costs | 11/23/2007 | Michael Brotherton |
| Q: I'm seeking advice about a dispute I am having with a lender. It is a pay check advance loan ... A: They cannot pass the court costs or collection costs to you unless they are awarded them by the ... | ||
| granite countertop | 11/17/2007 | Michael Brotherton |
| Q: I am a new construction home owner. Two days before we were to move in I noticed the granite kitchen ... A: You might file suit against the builder and the granite people. check local court rules for small ... | ||
| Garnishment of wages | 10/30/2007 | Michael Brotherton |
| Q: I live in Arizona. I had an old credit card debt from 2000. I owe the credit card company $639.00 ... A: You may contest it but I am afraid they have a valid claim if they bought the debt. You may demand ... | ||
| Credit Card dispute | 10/4/2007 | Michael Brotherton |
| Q: i got a call from my AMEX credit card account questioning about my charges on my account and i said ... A: You could take the upper hand and file a small claims suit against them. Go on the offensive and ... | ||
| Payment amount to prevent collections | 9/25/2007 | Michael Brotherton |
| Q: We currently have an "agreement" with a company based in Florida. We live in Utah. Our question ... A: I am afraid there is no set amount that will forestall collection. If you have a written agreement ... | ||
| refund for cancelled hotel stay | 9/20/2007 | Michael Brotherton |
| Q: I recently used my debit card to book a hotel room at Holiday Inn (NE Sacto) for this weekend's high ... A: I cannot answer your question directly other than to say that the hotel should have a written refund ... | ||
| court-order-for-property-and-assets for non secured loan | 9/17/2007 | Mudassar Khan |
| Q: what can they do to me? A: The term non secured loan is only in effect to say they wont repossess your home, However they can ... | ||
Michael Brotherton
Top Expert on this page
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
30 years experience negotiating disputes and resolving financial issues related to consumer debt, corporate debt, and mortgage restructuriing.
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