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Daniel Anthony DeLiberty
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Daniel DeLiberty’s Answers

110 total


  • Must a collection agency honor a verbal settlement agreement?

    My father leased a car with my mother as the co-signer. My father passed away and my mom no longer needed the car. She contacted the car company's collection department and was told to fax a death certificate. My mother recorded the phone call ...

    Daniel’s Answer

    Tread carefully. Unless one has explicit permission to record, PA is one of only a few states where it is actually illegal to record another party without their consent. So one might not want to rely on any recording if it exists. Just because a collection agency states that IT'S calls are being recorded that doesn't automatically give the recipient of that call the right to record as well. It is much more prudent for one to simply rely on detailed notes they took of any conversation.

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  • If I cant get to court in a civil matter, will they issue a warrant ...

    its a collection agency wanting money.. its 2 hours from where I live and don't have a vehicle.

    Daniel’s Answer

    The FDCPA requires a collection lawsuit on a consumer debt to be filed either where the account was opened or where the consumer lives. 2 hours sounds far, check with a consumer lawyer in your state to see if the collector filed the case in the proper venue/court.

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  • My parents hired a credit counseling company, which they have not heard from since April. What is their recourse?

    My parents are in a tough financial situation. They hired this company over a year ago. They paid them a large sum 6 months ago. In the last two months no one at the company is answering the phones. Is there any recourse or have my parents los...

    Daniel’s Answer

    I am sad to see they are likely out of luck and money. Many of these operations are total scams that leave consumers worse off. I advise my clients to steer clear - these outfits want consumers to give up control of their accounts/monthly statements, stop making payments on their credit cards etc, then when they get sued the companies say " we told you we are not lawyers." They need a consumer lawyer or bankruptcy lawyer. As for the company, you could try to find a lawyer who handles claims relating to CROA (Credit Repair Organizations Act) if the company is still in business and is viable. Many simply close up shop and change names. Most seem to be out of TX or FL for some reason.

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  • I am being sued for a credit card balance dating back past the 6 year statute of limitations.Can they still try to collect...

    I live in New Jersey. I have been out of work for 6+ years and unable to pay this debt. It has been 6+ years since I last sent them a payment and the debt is no longer listed on any of my 3 credit reports...How can a 3rd party debt collector still...

    Daniel’s Answer

    Just don't ignore the lawsuit. As the previous poster mentioned, collectors and/or their lawyers can and still do file "out of statute" lawsuits all the time. But it is up to the consumer/defendant to assert that in court via what's known as an "affirmative defense." If it truly is past the Statute of limitations, then not only could that be a rock solid defense to a lawsuit, but one could then likely sue the collector under the Fair Debt Collection Practices Act. It is worth to at least speak to a consumer lawyer to get a professional opinion. My firm handle those types of claims primarily in PA and sometimes in NJ.

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  • What type of attorney do I need for a forged car insurance ID card? What is the likelihood I will serve jail time?

    I was pulled over &did not have inspection stickers on my car (the windshield was replaced 2yrs ago), my license was suspended & my auto insurance card was determined to be a forgery. I had ordered what I thought was cheap minimum car insurance on...

    Daniel’s Answer

    Since the issue involves the police and an alleged crime, you'd need a criminal defense lawyer.

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  • Can I file a lawsuit against a shoe store for false advertising on their website and refusing to fulfill online orders?

    A local shoe store is advertising on their website that all men's work boots are FREE, you just pay the shipping costs. Several people, myself included have placed numerous orders with this store for these free boots. One person has received a v...

    Daniel’s Answer

    Is it a chain or single store? Unfair Trade Practices aand Consumer Protection Law explicitly lists as deceptive: Advertising goods or services with intent not to sell them as
    advertised; That seems to be what they are doing. Capture a screenshot or printout and preserve,

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  • How do I fight a default judgement in a debt collection case in PA?

    A process server lied on the affidavit and claimed to have served a member of my household. However, the address that the creditor had was an old address. I moved 6 months prior to "service" and my old house was absolutely abandoned, clean of al...

    Daniel’s Answer

    This happens more often that one would think, Especially in Philadelphia Municipal Court.

    If there has not been good service, one would need to file a Petition to Open Default Judgment. My office has handled many of those with great success. It can be tricky, one has to fill out the form correctly and address the proper legal requirements when doing so.

    Now, if the Judgment is opened, that is just the beginning of the process. If the petition is granted, you first have a short hearing on the judgment itself, THEN have another hearing which is the original one you would have had, had you been properly served.

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  • I have received calls from some attorney threatening that a payday loan that was done online 2008 in north Carolina I live in pa

    what is the statue of limitations for people calling me from out of state like Pennsylvania here that it is 2014 and just notifying me of this

    Daniel’s Answer

    There are many scams associated with payday loan collections. Ask them to send you a letter verifying thew account/alleged debt. Most likely they will disappear.

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  • Ive been served with a civil action hearing notice regarding a past due credit account in 5 days. Is it too late to do anything?

    I have a past due balance and have not been able to pay for 2 years now.

    Daniel’s Answer

    It sounds like you have been sued in Philadelphia Municipal Court. It is not too late, and an attorney with experience in that court can buy you a significant amount of breathing room and devise a strategy to deal with the lawsuit. I practice regularly in this court and would be glad to answer any questions.

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  • The court has denied the plaintiff's motion for alternate service. Is there a time limit on how long he has to serve me?

    The is a credit collection agency suing for credit card debt.

    Daniel’s Answer

    The previous poster makes an excellent point. Usually, they eventually catch up with you and the rules for "reinstatement" or "relistment" of the complaint are unfortunately pretty generous. I have seen cases where the Plaintiff did not get service but was allowed to reinstate a complaint two years later! One might be better off just accepting service and focusing on properly preparing a defense to the lawsuit rather than just buying a little time by hoping the other side doesn't succeed in serving. There usually several defenses to a debt lawsuit, my office has handled hundreds. My office is local to you (Villanova Law Grad), feel free to call or email.

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