Daniel Anthony DeLiberty’s Answers

Rule of thumb is NEVER give a debt collector your checking account number. Lots of reasons for this. Debt collectors and their firms file cases in bulk. Do not count on them not showing up - they usually do. They likely have other cases that day, not just yours. With last minute settlements like this, the promised dismissal of the impending case often never happens - not necessarily intentionally, sometimes it's an oversight or your case gets lost in the bunch. Feel free to call my...

You are not required to answer any letter from a debt buyer. They can add interest and fees only if authorized by the original agreement with the original creditor. Also, realize that if you are past the statute of limitations, they can still generally attempt to collect (but not sue). You may consider speaking with an attorney to explore exactly what you hope to gain (if anything) by settling . The damage to your credit score from the delinquent account is already done and settling will...

The post-judgment statutory interest rate in PA is 6%. Did your arrangement with them address the subject of interest? Did you get the arrangement in writing? Generally if a collector agrees to take a monthly payment as settlement of a debt, that amount would be all inclusive. It would be unusual (but not necessarily illegal) for them to agree to a monthly payment but also charge a separate interest fee. The interest on the balance could continue to accrue, unless they agreed otherwise....

In addition, there are a few instances where you may not have to pay taxes on the 1099c - cancellation of debt. Ask your accountant/tax preparer if you may qualify for the insolvency exemption, especially if you have many other debts.

Yes, and being proactive in your bankruptcy process like this will help your attorney and hopefully drive your case to a faster discharge.

Exercise helps combat stress. Attorneys are hired to handle their clients' problems, and especially in areas such as criminal law and family law, this constant exposure to "heavy" life problems can weigh heavily on a lawyer, both physically and emotionally. Physical activity can be a great outlet for this stress.

Some courts require filing parties to agree that they will redact confidential information. Failure to do so may give one leverage in fighting or settling the lawsuit. Depending on the court, the damage unfortunately could already be done as the exhibits are a public record. Simply pointing this out to the lawyer for the other side should get a quick remedy. Unfortunately, most caselaw regarding this very issue seems to indicate that this is not a violation of the FDCPA, but it is a gray...

You need to speak with a debt defense or consumer lawyer fast. You might be surprised to find that is very affordable to hire a lawyer to defend the lawsuit, especially if it was filed in small claims/magisterial district court. The situation you described I have heard countless times, and is a major reason why I feel most debt relief settlement companies are worthless and do most people a huge disservice. They are not lawyers, so they won't - and can't- represent you in court or help you...

You should speak with an attorney who does debt defense. They may be much more affordable than you might think. I defend these cases frequently. Like a previous poster stated, it makes a big difference in what is required of you (in terms of your response to the lawsuit) depending on which court the lawsuit was field in (small claims/Philly municipal versus County Court/Court of Common Pleas). I disagree with one of the previous posters who stated that you could not in good conscience...

You are smart to suspect that your report may be mixed up with someone else's report. Especially since you state that you have a common name. I wouldn't "worry" about it as far as it affecting your credit score(it doesn't), but you should try to correct it. It is helpful to send your disputes in via certified mail to have a record of the credit bureaus receiving your dispute.