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William J Mcleod

William Mcleod’s Answers

103 total


  • Debt Collection Summons in MA by a collection agency whose collection license has expired last year.

    How do I answer this summons? Should I file a motion for an extension of time to get legal representation or simply answer the summons and just mention the violation during the trial? Or should I file a complaint with the State Attorney General'...

    William’s Answer

    I would speak to a lawyer that knows FDCPA law and might have some familiarity with debt collectors who are not licensed. Unfortunatley, I cannot tell from the limited facts that you provided whether you might have claims to pursue. Even if you don't have claims, it's worthwhile to speak to an attorney if court proceedings have been initiated.

    Good luck,

    Bill McLeod

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  • Summons to pay condominium fees to the association for a property in foreclosure.in Ma.

    Hi, I received a summons to pay the overdue condominium fees (have yet to get the actual complaint letter sent to me) to the association for my property in foreclosure. Do I just file the status of the property in my Answer to the Commonwealth of ...

    William’s Answer

    That you already received a discharge is a good thing. The bad thing however, is that you already received your discharge (and I'm assuming it was a chapter 7 discharge). Under Section 523(a)(16) of the US Bankruptcy Code, condo fees that accrued after you filed your case while the property was still in your name are NOT dischargeable even if you expressed an intent to abandon the property. You should speak with your attorney about this - and it might be wise for you to seek out new counsel in the event you were not advised well about your responsiblities for condo fees and assessments after the case was filed. I wrote about this issue on my blog a while ago, and I"ve included a link below.

    Good luck!

    Bill McLeod

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  • I have a kay's account and they checked my credit without my consent when I made a purchse...

    I have a kay's account that I opened in December of 2009, I made a purchase today, 07-16-2010 and they did a credit check, and I had no idea until I called customer service, they said it's in their discloser. I couldn't find it anywhere, I feel ve...

    William’s Answer

    Read your credit agreement and disclosures more carefully. When you signed up for the account, you gave them permission to check your credit. It is standard practice for creditors who issue credit to check their consumer's credit reports from time to time.

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  • Do medical bills affect my credit report in the state of Massachusetts?

    People always have told me that past due medical bills do not affect massachusetts residents. I want to get some valid confirmation that credit angency void any credit issues related to hospitals, clinics, and other medical facilities. Also, I wis...

    William’s Answer

    I am aware of no limitation on any medical provider to report delinquent accounts. In addition, even if medical providers do not report delinquencies, you can and should assume that collection agencies may, debt buyers will, and if you are sued for the debt, any record of that suit in a public forum will eventually find its way to your creditor report.

    If you're having problems with your debt, you should speak with an attorney who can assist you and give you the best advice and counsel based on all the facts.

    Good luck,

    Bill McLeod
    McLeod Law Offices, PC
    Boston

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  • I received a summons for a debt. Filed an answer and now the law firm wants to settle. Should I follow thru with the court date?

    Capital One credit card company . I made numerous payments but fell behind. went to collections. got summoned, filed answer now they want to settle but still ask for too much money. having difficulties obtaining documentation of past payments

    William’s Answer

    The prior response is spot-on. Talk to a lawyer. The fact that the firm wants to settle does not mean you can ignore court deadlines or hearings. Settlement discussions and on-going litigation are two different paths - with two different issues. So be sure you attend court hearings, and be sure you stay in contact with the plaintiff/creditor's law firm until you have spoken with counsel.

    Good luck,

    Bill McLeod
    McLeod Law Offices, PC
    Boston

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  • Presenting an affadavit at a non-evidentiary hearing

    How likely is it that a Judge in an AP, Chapter 7, would allow in an affadavit(potential evidence) at a non-evidentiary hearing? Thank you

    William’s Answer

    Unless you get your adversary to stipulate, the affidavit is inadmissible hearsay unless it falls within one of the exceptions to the hearsay rule.

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  • Being sued by chase credit card company for non payt. Haven't finished interrogatories and discovery due today what can I do?

    Overwhelmed by anxiety and fear in regards to legal action being drawn against me. I have no money to pay credit card company, and I have no money to hire a lawyer, so I have been trying to do this myself. I need to answer interrogatories and pr...

    William’s Answer

    Why are you doing this without an attorney? If you're being sued, and you're responding to discovery requests, and you're overwhelmed by it all, you should be speaking with an attorney about your options. If you truly have no money for an attorney, contact the Volunteer Lawyers Project of the Boston Bar Association. The link is below.

    Good luck,

    Bill McLeod

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  • Should I declare bankruptcy?

    I can still afford to pay for my house until Sept. when the payment goes up, both our cars are paid off, but my credit card debt is $75,000! Most of this debt was remodeling our home. We have not used any credit cards in more than 5 years, but t...

    William’s Answer

    Since you know that your mortgage payment will reset in September, you are smart to start seeking out legal advice now.

    No attorney can accurately answer this question without getting a lot more information from you concerning your liabilities & assets as well as your income and expenses. You should start the process of gathering your financial documents together, and then seek out a experienced bankruptcy attorney in your area who can assess your options, and let you choose which is the best option for you.

    Good luck,

    Bill McLeod

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  • What is the fee for a lawyer to file bankruptsy

    chapter7

    William’s Answer

    You're not buying a TV - you're getting debt relief. But like TVs, you get what you pay for. Remember, if someone is trying to sell you a diamond ring that is worth 10 cents, chances are, they are hoping you'll buy something that isn't worth a dime.

    You should be able to get some fee quotes from attorneys in your area based on (1) the complexities presented by your case; and (2) your objectives and goals. There is no "one size fits all" approach to bankruptcy, and just because someone says they practice bankruptcy, doesn't mean they do it well.

    The Boston Bar Association's lawyer referral service as a Bankruptcy Expert Panel and is the only ABA approved lawyer referral service in the state. They are also a good resource to consider.

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  • Can a lien be put on my house for a credit card discharge?

    I could not pay my full AMEX bill and they would not accept payments. A collection agency keeps calling for the full amount or settlement. I can only make payments. They do not want this. They want a one-time settlement. can a lien be put on ...

    William’s Answer

    The short answer is yes - but they have to sue you first - meaning, they have to initiate a legal proceeding in court. If your debt is such an issue that you're concerned about the impact it may have on your home, I strongly urge you to speak with an attorney who can discuss your options. The earlier you do so, the more time you have to think about your options.

    My website has a blog that provides some information you might helpful. The link is below.

    Good luck,

    Bill McLeod

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