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Max L Rosenberg
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Max Rosenberg’s Answers

241 total


  • Is it a violation of FDCPA 15USC 1692e(2)(A) if debt buyer adds contractual interest to creditor's "charged-off" account?

    Credit report shows original creditor's "charged-off"debt WITHOUT finance charges/interest added; debt buyer on credit report shows amount of debt WITH added interest. If the underlying agreement creating the debt is not produced, would this be c...

    Max’s Answer

    Attorney Elie makes a good point about using the Fair Credit Reporting Act as the method to bring an action. Please see the AVVO link I have attached for your perusal.

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  • How do you plead when you get a motion for default for failure to plead

    i am being sued from a debt collector and have to go to court Aug 6 but a couple of weeks ago i received a motion for default for failure to plead. i do owe it, i couldn't pay off the credit card so what do i do how do you file

    Max’s Answer

    If you go to the Connecticut Judicial Website, you should be able to find a forms section that will help you understand the basics of what and how to file an appropriate response. Attorney Shalvoy is likely correct that you need to file disclosure of defenses. You should definitely talk to an attorney who handles bankruptcy and/or debt negotiation. I would recommend using the Find A Lawyer search on the top right of the toolbar of this page.

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  • Are unanswered calls from a debt collector at home phone considered "initial communication" even if no messages were left?

    The debt collector called non-stop for weeks without leaving any messages (each call lasted between 2-4 seconds, based on phone records). I believe they hung up when my voicemail kicked in, not identifying themselves in any meaningful way, other t...

    Max’s Answer

    If they called and spoke with you multiple times a day, you might have a violation for harassment but based on your question, it does not appear to be a true violation. Start answering the phone and keep a diary of dates and times and names when you are contacted.

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  • What's the difference between validation of debt and verification of debt, for purposes of the FDCPA?

    I am confused as far as what the requirements are for validation vs verification.

    Max’s Answer

    Attorney Gambrel gave a good answer to this question. I would only add that you should request the validation of the debt from the debt collector within the 30 day allotted time from their first contact to you. You can always ask for verification but that wont stop the collector from attempting to collect while they are getting you verification. However, once you request validation, a collector cannot make attempts until they have provided you with validation.

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  • How muchis it to file for bankruptcy?

    Recently divorced with a lot of debt. Looking to start over

    Max’s Answer

    Hello, I'm Max L. Rosenberg, a bankruptcy attorney with Rosenberg and Press, in Stratford, Connecticut. It seems everyone is giving you the amount of the filing fees but no one is telling you how much an attorney fee will be. I will start by advising you not to try to filing without an attorney.

    The attorney fee should be somewhere in the range of what you pay a mechanic to change the transmission of your car. Similarly, if you try an do that yourself without mechanical knowledge you will end up with a two ton paperweight. Depending on your circumstances, attorney fees will vary. A simple case may be as low as $1,200.00, while a complex case may cost upwards of $3,000.00. After you give an attorney some of your basic details (ie. property, debts, tax issues) they should be able to give you a fair estimate.

    While you are shopping around, be warned that you often get what you pay for. If it sounds too good to be true, it might be. Make sure you carefully select your bankruptcy attorney based on their experience, knowledge and focus. We are not allowed to solicit here, but you can contact any attorney you find on AVVO from their contact info and also by using the Find a Lawyer on the upper right corner of the tool bar on this page. Good luck.

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  • Hello have a construction company in New York and back in dec of 2010 we were contracted to rebuilt a home in Bridgeport conn

    Insurance paid bank and upon signing contracts with property owner bank released 60k or 1/3 of claim . Owner signed off check to us where we deposited in our business account. We began working on getting architect and engineer hired to start proje...

    Max’s Answer

    Hello. I am Attorney Max L. Rosenberg, and I am licensed in both New York and Connecticut. Having handled many cases similar to this one, I am inclined to agree with Attorney Minchella. You seem to have valid defenses to the potential claim. I would advise you to retain counsel very soon. We are not allowed to solicit business here, however you can contact attorneys through the find a lawyer feature on this site or you can contact the lawyers who have responded to you.

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  • About one sided divorce

    my girlfriend wants to get a divorce from her husband. both are living separate for over 2 years. they haven't talked to each other for a long time. they don't have any child. No property or money are involved. Please let me know the procedure....

    Max’s Answer

    I agree with Attorney Linda Marianni and would go one step further and say that if she does qualify, it would likely be faster and easier to wait until the law changes in October and to go through the new fast-track process.

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  • Do I need a personal injury lawyer to sue both my parents and the military school they sent me to?

    I was sent to military school to convert me from identifying as female even though I have a male body and during those two years I contemplated suicide 5 out of 7 days and when I graduated I received hateful messages on Facebook from students I gr...

    Max’s Answer

    First, I want to remind you that your life, your real life is only now beginning. You have so much to be excited for and look forward to. I'm sure you are already realizing this. The people on Facebook are nothing. They are fools. If someone is opposing you in that manner than you must be doing something right. People who don't face adversity are generally people who never have discovered who they really are.

    Unfortunately, I don't think you have a good cause of action to sue your parents. I don't envy the way I am sure you have had to suffer, but our legal system will generally not provide for this kind of claim. The best way I know how for you to prove them wrong, to gain your freedom from them, and to rise above is to live your life being who you are, and being the best you that you know how.

    I wish I could offer you some legal advice that would further help you, but this is what I have. I sincerely wish you the best in your future endeavors and would remind you that without resistance there can be no success or progress.

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  • Are there any laws regarding taking blood pressure medication?

    My husband has not been taking his. The doctor told him that if he ever missed it, his bp would be twice as bad as what it was, probably resulting in death. What are my legal options? Thanks

    Max’s Answer

    If you are truly having that difficult a time getting your husband to take his medication, there are other problems that need to be dealt with. I would recommend making sure he has a last will and testament, a living will and health care/conservator papers. You also might want to consider family counseling Or perhaps a psychiatrist for your husband.

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  • I filed for divorce from my husband of almost 19 years. I CANNOT afford and atty. His parents got him one.

    I filed for divorce from my husband of almost 19 years. He is out of the home right now by order of protection. His parents have hired a lawyer for him for the divorce. I absolutely cannot afford one. Literally can do it. I petrified to have to ta...

    Max’s Answer

    Hello. I am Attorney Max Rosenberg and I run a law firm in Stratford, about five minutes from Milford that regularly handles family law. Even if you cannot afford an attorney, you should at least go for a free consultation with one in your area. Attorneys on this website are not allowed to solicit business however you can use the find lawyer search option of this website or contact the attorneys near you that have responded to this question.

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