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David Michael Katz

David Katz’s Answers

26 total

  • Can I have this collection removed from my credit after original creditor has deleted?

    I disputed a charged off credit card and a collection for the same account, with all 3 credit bureaus. The CRAs deleted the original creditor charge off, but the collection came back as verified and was not deleted. This card was opened under my n...

    David’s Answer

    If this is truly not your account, then you may have a Fair Credit Reporting Act claim against this company. I would first dispute the account in writing with the credit bureaus (via certified mail return receipt requested) and advise them that this a fraudulent account. I would then contact a consumer protection attorney in your state if the account is not removed within 30 days. Good luck.

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  • 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.

    All I have is a monthly Social Security check, and some furniture. Can they get into my SS check it's all I have. I know nothing about oweing anybody anything.

    David’s Answer

    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 for verification of the debt and showing your liability for it. If they can't verify the debt, they have to stop collecting on it. You can contact me if you want to have a quick discussion of the issues or if you get the 30-day notice. Good luck.

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  • If I had a car re-poed in 2005, do I still have to pay if collected on?

    I got my car re-poed in 2005. recently I received a collection letter threatening to garnish my wages. About two months later the debt collector called and I set up payments over the phone. I've made 3 payments of $30, I owe $8,095.88. Since t...

    David’s Answer

    Unfortunately, by making payments on the debt you have in all likelihood restarted the SOL. However, if the collection agency was in violation of the FDCPA you may be able to take legal action against them. I suggest you immediately contact a consumer protection attorney in your state.

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  • Can a fitness company bill us for not having a membership and if we refuse to pay them destroy our good credit.

    I went in to sign up for the early discount to join a fitness center. When going through the process he made a copy of my credit card and I said, I don't want to join and i dont want you to make a copy of my credit card. Please give me back all ...

    David’s Answer

    I don't understand why you went in there in the first place but if I were you , I would show that letter to a consumer rights attorney as soon as possible as it sounds like the letter itself may be in violation of the FDCPA. Violations of the FDCPA can lead to damages of $1000 plus attorney costs.

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

    If I am able to purchase another car, I may give my husband my car and he would continue to make payments on it until it is paid for (approx. 2014). Allowing for depreciation, the value of the car today translates to around $10, 500, and I’ve pai...

    David’s Answer

    • Selected as best answer

    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 out some sort of creative solution that would involve some trust between the two of you. Otherwise you may just have to give him the cash from your retirement and sell the vehicle to replenish your account. Good luck.

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  • Can I request a third party be present for a final walk thru if I'm not comfortable with the tenants?

    My tenants are moving out in August and wish to be present for the walk thru. They said (i.e. yelled over the phone) they wish to be present so we dont charge them for anything. They are very abrasive and have no restraint. I was called an f'ing "...

    David’s Answer

    You definitely have the right to have a 3rd party present during the walk-through and in fact, in your situation, I would highly recommend it. I would explain beforehand to the tenants that someone else will be present as well so they are not incensed when they show up. I also agree that the walk-through should not take place until after the tenants move out.

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

    The services were provided in 2012 for a dental implant; I handed over $2400.00; they never gave me a receipt; they told me that the money was received, but lost by a worker. I do have a check with the dentist's name on it that I used to transfer ...

    David’s Answer

    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.

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  • NO Question but a statement--I AM STARTING A MOVEMENT TO CHANGED THE Fair Credit ACT to require reporting ALL Mortgage Payments

    Iam seeing what can be done to change this ACT, because it is not fair that a mortgage company are not required to report, By god this hurts the consumer which is US. ALL PAYMENTS GOOD BAD OR otherwise should be reported because otherwise your ...

    David’s Answer

    I'm not sure what your issue is. As far as I know, mortgages are currently reported on credit reports. What part of the act avoids mortgage reporting?

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  • What should I do if the vehicle I purchased was supposed to be new but end up finding out it wasnt "new?"

    I bought a 2007 Chevy Tahoe from a dealership in NM. The salesperson told me the vehicle was new and so I bought it. Then a year later, my paint on the driver side fender starts to chip, therefore I took it to an auto body shop in Flagstaff AZ, an...

    David’s Answer

    Can you tell us when exactly you bought this vehicle? Do you have your purchase agreement? It sounds like you may have purchased this vehicle on the word of the salesperson that it was new, however the purchase paperwork would have told you if it was used or new. As far as I've seen at auto dealerships, new cars have a factory sticker on a window showing all relevant information about the car. Did your car have such a sticker? This would be a red flag that your car was not in fact a new car. Additionally, depending on how long ago you bought the vehicle, you would have a hard time proving what the salesperson told you, and that you relied upon what he said. I would contact a consumer protection attorney as soon as possible to review your paperwork and get a legal opinion. Good Luck.

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

    There is a debt collection agency that has filed a case in the Queens county civil court, although when I checked there is no appearance date or summons, but the case is listed as active. This collection agency never informed me that they would pu...

    David’s Answer

    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 against you.
    4. By filing an answer you can eventually have the case dismissed if certain factors are present.
    5. If I were you, I would consult with a debtor's rights attorney as soon as possible to protect my rights.

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