John F. Skinner III’s Answers

John F. Skinner III

Manchester Foreclosure Attorney.

Contributor Level 9
  1. I'm being sued....

    Answered 9 months ago.

    1. John F. Skinner III
    2. Robert J Adams Jr.
    3. Shaye Larkin
    3 lawyer answers

    You need a Consumer Protection Attorney. Currently, I am one of only two NACA members in the State of New Hampshire. NACA is the National Association of Consumer Advocates. Although you are generally correct in that it is usually cost prohibitive to pay an attorney to defend against a collection action in small claims court, I do sometimes help out my clients where we have, or could, successfully bring counter-claims [or a separate lawsuit] for violation of State or Federal debt collection...

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  2. Can I sue a creditor(Everest Cash Advance) for contacting my job & disclosing personal information to my supervisor? I will PAY!

    Answered over 1 year ago.

    1. Thomas R. Beauvais
    2. John F. Skinner III
    3. George Charles Samiotes
    3 lawyer answers

    I agreed with my colleague Thomas R. Beauvais. This is likely a violation of State law for an illegal usurious loan, therefore, you might not be obligated to pay back any additional funds. But more importantly, there appear to be FDCPA violations here which will entitle you to money damages [up to $1,000] and legal representation at no cost to you. We would also like to review the voice mail, it is important that you preserve it for evidence. Please contact my office for no cost/no...

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  3. What does a "Stipulation of Dismissal as to all Claims and Counterclaims" with prejudice mean?

    Answered 3 months ago.

    1. Christopher M. Lefebvre
    2. John F. Skinner III
    3. Richard Glenn Elie
    3 lawyer answers

    I agree with that summary- "a permanent cease fire". So, depending on how much you owed, vs. the seriousness of their violations, it could be a fair deal. Please consult with a lawyer. Since you are aware of the consumer protection laws, you should also know they provide for your attorney's fees. I routinely handle such claims at no cost to the consumer in reliance on these fee shifting provisions of the law.

    5 lawyers agreed with this answer

  4. Can you be sued by a third party in Massachusetts for a Internet payday loan?

    Answered about 1 year ago.

    1. John F. Skinner III
    2. Keith G Langer
    3. William Emil Cassara
    3 lawyer answers

    Can you be sued? Yes. Are these folks going to sue you? Almost certainly not. This fact pattern fits that of many con-artists and crooks. NEVER pay anyone over the phone unless you called them. ALWAYS request confirmation and/or verification of any alleged debt in writing.

    5 lawyers agreed with this answer

  5. Must we move because of foreclosure on rented house

    Answered about 2 years ago.

    1. John F. Skinner III
    2. Kati M. Amarantes
    3. Erik Hammarlund
    3 lawyer answers

    Tenants in a foreclosed home have important new rights under State and Federal Law. Additional information can be found here: http://www.massresources.org/foreclosure-tenant-rights.html Basically, you're entitled to 90 days notice, and, if you have a lease, you can stay until the lease expires. I'm sure the Town's lawyer will work with you in a lawful and professional manner. If not, you may consider hiring a lawyer, or contacting legal aid, to assert your rights.

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  6. I need to have a mortgage modification. After filling out a quick questionnaire, on line, one law firm called me from Utah.

    Answered about 1 year ago.

    1. John F. Skinner III
    2. Daniel Dufresne
    3. Erik Hammarlund
    4. Shawn B Alexander
    4 lawyer answers

    Do not, under any circumstances, hire a lawyer that is not licensed in your State! I do a lot of Foreclosure Defense work and I am also FROM Dighton, MA! Please be in touch.

    4 lawyers agreed with this answer

  7. Employment Wrongful Termination Settlement Taxed?

    Answered over 1 year ago.

    1. John F. Skinner III
    2. William T Harrington
    2 lawyer answers

    That actually sounds great! As long as the numbers are accurate, it looks like they did everything right. It is often preferable to have the funds properly allocated in this manner rather than in one lump sum check from which employers will often want to deduct payroll taxes, just to cover their own possible future liability. Nothing unusual here.

    4 lawyers agreed with this answer

  8. What can I do if a company associates my social security number with a collection that does NOT belong to me?

    Answered almost 2 years ago.

    1. John F. Skinner III
    2. Jefferson W. Boone
    3. Michael A. Goldstein
    3 lawyer answers

    You should consult with a consumer protection attorney to protect and assert your rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. I practice in this area and you may have remedies available to you. In Massachusetts, you also have many additional rights afforded you, some of which are available here: http://www.lawlib.state.ma.us/source/mass/cmr/cmrtext/940CMR7.pdf You may be entitled to money damages and you may be able to hire an attorney at no...

    4 lawyers agreed with this answer

  9. Am I legally obligated to repay an outstanding debt from 10 years ago that just recently "went to collections"?

    Answered about 2 years ago.

    1. John F. Skinner III
    2. Mark Hankins
    3. Peter Walter Weston
    3 lawyer answers

    You've done the right thing by seeking legal counsel. From what you've described, it appears that you are not "legally" obligated to pay this debt as it it now "time-barred." But if you make one payment, or a promise to pay, you could renew your legal obligation. It is not unlawful to attempt to collect an expired debt, such as the one you describe, where the statute of limitations for a lawsuit has passed. HOWEVER, as a resident of Massachusetts, you have brand new added protections...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I be forced to take a loan out against my 401K to repay a debt in collection

    Answered over 1 year ago.

    1. William T Harrington
    2. John F. Skinner III
    3. Sebastian Korth
    4. Robert John Murillo
    4 lawyer answers

    Don't do it! You've come to the right place. I am very troubled by the appalling collection tactic used here to obtain your exempt and protected retirement money. I would be happy to review the details of these collection efforts and fight to get you compensation as I would expect to uncover evidence of illegal collection tactics from a company trying to steal your hard earned retirement money. You may be entitled to up to $1,000 and have your costs and attorneys fees paid by the...

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