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David M. Katz
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David Katz’s Answers

27 total

  • What do you do when an alleged debt goes missing?

    I saw a medical bill reported in collections on my credit report. Contacted collection agency when I could not get the hospital to verify. They told me they were returning the debt to the original creditor and deleting it from credit bureau files....

    David’s Answer

    There is not much you can do if the creditor loses or misplaces your records. I would advise you to keep checking your credit reports to make sure this doesn't get reported improperly.

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  • Is it possible to get a lower obligation once I've received a civil summons from a credit card company?

    I received a civil summons today from Capital One Bank for a credit card balance that I owe $3,705.96. Is there anything I can do to lower this amount? Do I have to go to court? I have never received anything like this before and have no idea wha...

    David’s Answer

    It is definitely possible. Just contact the law firm that filed the lawsuit and negotiate with them. I would do this asap as your time to answer the lawsuit is going to run out. Alternatively, there are likely law firms in your area that do this sort of work so you can contact them to help you.

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  • I live in indiana I am getting married in a month can they garnish my soon to be husbands check for debts I have from before mar

    I have several medical bills from before getting married and I don't make enough for them to garnish.....we have separate bank accounts

    David’s Answer

    No creditor can collect from a bank account unless the account is held in the name of the person listed on a judgment. In a case similar to what you describe, if a creditor has a judgment against someone, especially for debts prior to a marriage, they would not be able to seize funds from an account held only in the husband's name.

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  • Is there a time limit a debt has to be forgiven?

    Home foreclosure 8 years ago with 2nd mortgage. 2nd mortgage debt has been sold over a few times to different collection agencies or debt buyers. Statute of limitations has expired but still sending an occasional letters. In letter they throw...

    David’s Answer

    I would contact a local consumer protection attorney as soon as possible to figure the actual SOL status in Minnesota. In any case, the answer depends on whether there is a judgment on the debt or if it is just an unpaid (now) unsecured debt. Also, if the debt has been sold multiple times as you claim, then you likely have a defense to any action regarding the veracity of the records of the debt. Again, I would contact a consumer protection attorney as soon as possible. You can probably get a short, free consultation to figure out your options.

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  • How can I collect on a small claims judgement in greene county ny?($2400.00)

    The gentleman I am trying to collect from has a steady job,car,and a DJ business (with equipment).I would like to garnish his wages but not quite sure of the course of action from here.thankyou

    David’s Answer

    If you know where he works I would contact the local Sheriff in your county for guidance. You will likely need to file the small claims judgment with the County Clerk and bring a copy of the filed judgment to the Sheriff.

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  • After I send the information subpoena to the judgment debtor Job how do I collect my money?

    In the process of suing and want to get all information I can just in case long story short I sold an item the person kept the item and did a charge back with paypal then sent me an empty package with tracking Sent it to her credit card company a...

    David’s Answer

    You can only collect money from a debtor's employer after you obtain a judgment against them. Depending on the balance owed, perhaps you can take her to small claims by yourself and obtain a quick judgment. After you have the judgment you can contact a city marshall to collect the funds from bank accounts and employers.

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  • Statue of limitation

    I gave a mechanic a $2000 deposit for a truck that I found out he doesn't own. He agreed to refund my $. It has now been 30 days since he agreed to a refund. Every week he has a different excuse as to why he doesn't gave it yet. How long do I have...

    David’s Answer

    In Arkansas, the SOL on oral contracts is 3 years as the gentleman above stated. I would also attempt to get him to give you a written promise to pay by a certain date or a payment plan so you have something in writing when you appear in court.

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  • What should I do about harassing phone calls from a collection agent?

    I've been receiving harassing phone calls from a collection agent (of the 'Roth Group' I believe) that has threatened to serve papers and take me to court over an amount I owe without specifically stating the total nor offering any method to pay i...

    David’s Answer

    I would highly suggest you contact a consumer rights attorney to discuss this matter as you may have an FDCPA action against this collection agency.

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  • Can individuals sue under the Fair Credit Reporting Act?

    FTC takes consumer complaints but does not act on behalf of individuals. Can individuals sue under the FCRA?

    David’s Answer

    This really depends on your individual circumstances and I would recommend you review your situation with a qualified attorney as noted below.

    Be that as it may, in some instances a small claims lawsuit is highly effective for getting an item removed from your report even if you don't have the right to bring it. The banks often don't want to spend money on sending an attorney.

    Good luck.

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  • Credit history question

    If I don't pay the bills on time (rent in this case) will it affect my credit history, considering that I don't have a credit card and never had one? So, basically, I don't have a credit built up...

    David’s Answer

    First of all, I wouldn't assume you don't have a credit record. I would check your credit using the AnnualCreditReport.com website which is free and see for yourself.

    More specifically, I'm not sure that rent is an extension of credit and therefore may not be eligible to be reported on your credit report. Additionally, utilities and land based phones are also not usually reported, however cell phone bills are.

    In any case, having seen multiple credit reports, I have never seen an account relating to a person's rent.

    Good luck.

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