David Michael Katz’s Answers

David Michael Katz

Suffern Debt Settlement Attorney.

Contributor Level 5
  1. Credit Card Settlement - Guidance for negotiation on acceptable amount (% to principal or balance owed)

    Answered about 2 years ago.

    1. David Michael Katz
    2. John Ryan Charles Burt
    3. Jon G. Brooks
    4. Kevin Samuel Sullivan
    5. Michael J Corbin
    5 lawyer answers

    Hi, If I were in your position, I would file an answer including affirmative defenses and possibly counterclaims as in my experience this will stop most lawsuits from proceeding. The collection agency's lawyers are usually in the business of getting default judgments and have no interest in litigating these types of lawsuits with pro-Se defendants. I would demand to depose the debt buyer's officers as they will try to avoid this at all costs. Then you can probably do a low settlement to...

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  2. Credit history question

    Answered about 2 years ago.

    1. Luca Cristiano Maria Melchionna
    2. David Michael Katz
    3. Gregory Howard Wiley
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I don't have a receipt for dental fees that I already payed. Do I owe them the money?

    Answered about 2 years ago.

    1. David Michael Katz
    2. Michael J Corbin
    3. Peter Walter Weston
    3 lawyer answers

    If you paid, then you don't owe them the money. Are they trying to collect from you? If so, then you would want to contact a consumer protection attorney to protect yourself although I doubt they will sue you for the money as it is a very low amount. They will probably not report to the credit bureaus either. Good luck.

    2 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Mitchell Aaron Nathanson
    3. David Michael Katz
    4. Matthew William Hoffmann
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. In my divorce settlement, can I transfer ownership of my car to my husband, given that he has a very poor credit rating?

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. David Michael Katz
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    In terms of transferring ownership/responsibility for the car to your husband you would need to contact the bank that holds your auto loan and ask what they require to transfer the note to him. If you just let him make the payments without legal transfer, your credit would be at risk as noted above. if he can't pay for some reason. To me, the solution really depends on what your relationship will look like going forward. If you have an amicable relationship with him, perhaps you can work...

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  6. There is a collection agency trying to reach me concerning a debt they say I owe. I don't have a clue about this mater.

    Answered about 2 years ago.

    1. David Michael Katz
    2. Brian S Wayson
    2 lawyer answers

    The Fair Debt Collection Practices Act FDCPA governs how collection agencies may go about collecting debt. Collection agencies are required to send you a notice of the debt notifying you that you have 30 days to dispute along with other notices. If I were you, I would allow the agency to make initial contact with you and then contact a consumer rights attorney once you receive the letter with the 30 day notice. You will have to send a written dispute notice to the collection agency asking...

    2 lawyers agreed with this answer

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

    Answered 2 months ago.

    1. Eric Edward Rothstein
    2. David Michael Katz
    3. Anthony J. Pietrafesa
    3 lawyer answers

    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.

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

    Answered 3 months ago.

    1. Eric Edward Rothstein
    2. David Michael Katz
    2 lawyer answers

    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.

  9. Open case in civil court but no judge requested or appearance date set. Credit collection agency.

    Answered about 2 years ago.

    1. Jeffrey Steven Feinberg
    2. Yefim Rubinov
    3. David Michael Katz
    4. Michael J Corbin
    4 lawyer answers

    1. In my experience, creditors file lawsuits in order to obtain default judgments because the vast majority of alleged debtors do not file answers. 2. It is legal for anyone to file a lawsuit against someone else without giving warning, however they must follow the Court procedures for doing so. 3. If I were in your position I would file an answer as quickly as possible including affirmative defenses and possibly counter claims. Otherwise they will eventually file for a default judgment...

  10. Judgement - without notice

    Answered about 2 years ago.

    1. Robert A. Stumpf
    2. David Michael Katz
    3. Galen J Criscione
    4. Stuart M Nachbar
    4 lawyer answers

    I'm curious if your "settlement stipulation" was made as a result of a lawsuit or just collection activity. In any case, depending on the terms of the stipulation, i.e. interest on balances, etc., you could be liable for interest or even the total original balance if you failed to complete the stipulation. It is important for any attorney to review the stipulation document especially to ascertain what you originally agreed to and whether the other party is adhering to the agreement properly....