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John F. Skinner III
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John Skinner’s Answers

101 total


  • This is a request concerning a debt collection in N.H..

    For collection on a financial judgment in N.H., on a married individual, can I enforce the collection on him & his wife, as a married couple since N.H. is a community property state?

    John’s Answer

    New Hampshire is NOT a community property state.

    You should enforce the Judgment against the person you have a Judgment against. As a practical matter, that might result in some financial detriment to the other spouse, but in general, you can't enforce a Judgment you have against one spouse, on the other spouse, if they were not named in the original suit which resulted in the Judgment.

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  • I havent heard from this debt collector in a w hile

    I havent heard from this debt collector in a while!! longer than usually are they going through the process to sue me? how many creditors sue for debts? also what if I havent paid the debt in like over 2.5 years?

    John’s Answer

    This question comes up a lot. Almost all creditors will either sue, or sell the debt to someone else who will sue.

    If you are being harassed by debt collectors it is important for you to consult with an attorney right away. Do not delay! If you wait to ask for help until you are being sued, it may be too late to get free help. We routinely help consumers, at no cost to them, deal with debt collectors.

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  • Can a company double dip on a past due bill?

    I have a past due bill with Dish Network. They put it into collections and I have made arrangements to send in $20 per month until the bill is paid in full. The amount of the bill is $391.00 (not an earth shattering amount). I found out this morni...

    John’s Answer

    An attorney would have to review the details of exactly what is going on here but it is very possible that you do have unfair debt collection practices afoot, which may entitle you to up to $1,000 in damages under Federal Law or perhaps $200 under NH State law.

    We routinely provide free review of this type of situation.

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  • How much can a collection agency harass a person?

    I have an overdue bill from Dish Network. I know that I owe this. They put it in collections and I get at least 4 calls a day from this agency. I've talked to several people, most of them want what I can't afford. Three days ago, I spoke with a su...

    John’s Answer

    This could be illegal harassment entitling you to up to $1,000 plus attorney's fees. We would have to conduct a free review of the specifics of the situation to answer further. I routinely handle enforcement of fair debt rights.

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  • Credit card debt

    a credit card debt I have in collections 600 dollars they said if they cant come to an arrangement it will be reviewed by a manager then what happens? and if I say I cant pay on a settlement I made for late this month then I may have to owe the wh...

    John’s Answer

    You have rights! If they were too pushy, or misleading, your fair debt collection rights may have been violated and you may therefore be entitled to up to $1,000 in statutory damages, and to have the defendants pay your attorneys fees. We enforce State and Federal consumer rights on a routine basis at no cost to our clients.

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  • My husband and i were out of work. I had breast cancer and my husbamd had l fell behind on our mortgage payments. The ciizens

    Bank will not work with us. They want 30 thou. for for back mortgage.. We had fiied bankrupsy. Now thats done and they want us out of our house we had built 17 yrs. ago. in 30 days. What can we do ?please help asap!

    John’s Answer

    We routinely conduct free unofficial reviews to see if homeowners might qualify for the Home Affordable Modification Program (HAMP). We would also like to learn more about any unfair or deceptive acts or practices employed by the Bank or mortgage servicer as we could potentially use evidence of that in a foreclosure defense lawsuit. To answer your question, there may be things that you can do, but we would need to know more about your situation to properly advise you.

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  • Can a lawyer threaten a sheriff sale if they haven't sent any paperwork?

    I own a townhouse and owe money to the condo association. There are also noise complaints which are unfounded. My wife received a call from a lawyer representing the association and said if we don't pay at least $500 in the next 7 days they will s...

    John’s Answer

    I agree with my colleague that more information is needed. However, I would also add that one main piece of information I would like to have is WHO this alleged attorney is and from WHERE are they calling. The kind of threat you described is common among unscrupulous debt collectors who in fact may be impersonating an attorney! In which case, we may be able to help at no cost to you under the fee shifting provisions of consumer protection law. We routinely handle such cases.

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  • An old debt that's been sold many times has been added to my credit report by the most recent purchaser. Can they do that?

    I walked away from some credit card debt 7+ years ago. The creditor wrote the debt off and it dropped from my credit report late last year. About 6 weeks ago, I started receiving what I consider to be threatening phone calls. I thought the call...

    John’s Answer

    CAN they? Yes, this happens all the time and it is a dastardly practice called: re-aging debt. Is it legal? Under the circumstances you described, no. They can still legally attempt to collect, but what you've described exposes them to liability under the FDCPA, as well as possibly NHRSA 358-C, and NHRSA 358-A.
    In cases like this, we work at no cost to the consumer, and fight to earn you an award of money damages. Under the FDCPA, that's up to $1,000; under State law, it could be as much as $200 per call.

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  • If I fail to make my monthly payments to the creditor for my debt as ordered by the court will I get arrested and go to jail

    if I fail to make my monthly payments to the creditor for my debt as ordered by the court will I get arrested and go to jail and how long and how so?

    John’s Answer

    If you fail to make the payments, and then fail to show up to payment hearings, then yes, if the creditor's attorney is paying attention, a civil arrest warrant could be issued. Yes, you could go to jail. Please contact a local lawyer for assistance. If you have problems with debt, we may be able to help.

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  • If I have a judgment against my ex husband for money owed can it accrue interest?

    The divorce took 2 years and he never paid the alimony child support and other bills he should have. So the judge ordered arrerages in the final decree. It has now been 6 months and he still isn't paying the arrerages. Is there a way to ask for i...

    John’s Answer

    Yes, and the statutory interest rates are posted here:
    http://www.courts.state.nh.us/sitewidelinks/interest.htm

    You may be able to get attorneys fees as well. You should hire a lawyer to help you. My firm handles these matters.

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