Skip to main content
Frederick Edward Davis

Frederick Davis’s Answers

101 total


  • Can I pay off a debt in full AFTER a writ of garnishment is served?

    I have just received a writ of garnishment, stating that my wages will be garnished for unpaid parking tickets that have been in collections for some time. I am in the process of taking out a loan which I had intended to use to pay off this debt,...

    Frederick’s Answer

    You can always payoff the debt in full. Check with the collector and make sure you get documentation verifying that the debt is satisfied in full upon payment.

    See question 
  • Collection practice to collect a default auto loan.

    My dad co-signed for my brother to buy a car in the 1980's. the car was repossessed and sold. My dad has been paying 20 p/m, he is 84 years old and on Social Security. he is constantly called and threatened to pay more money. What are his opti...

    Frederick’s Answer

    Your father may have an FDCPA claim for hostile collection practices. He should contact an attorney that handles debt-defense/FDCPA cases in New York to discuss his options. Good luck.

    See question 
  • Can i be sued for an online payday loan not payed?

    I took out an on-line payday loan and my husband lost his job and i was no longer able to pay. They took out over half of what i owed them out of my bank account and i was forced to close my bank account. I have received calls from "attorneys" say...

    Frederick’s Answer

    They can file a claim for the balance of the loan, and you should review the loan documents you signed to see exactly what rights you still have. If it's for a small amount they may not sue, but will probably sell the debt to a third-party debt collector who may then file a lawsuit. Gather all of your documented and discuss with a local debt-defense attorney. Good luck.

    See question 
  • Can the IRS take more money than what actually exists in your account?

    My friend has two $12500 dollar holds on his account, and he only had roughly $80 to begin with. It's Martin Luther King Day, so he can't call the bank to see who is holding the money. He owes money to the IRS, and is thinking maybe they took the ...

    Frederick’s Answer

    • Selected as best answer

    The IRS has virtually unlimited power when collecting judgments. You should have your friend call the bank after the holiday to discuss and perhaps set up some type of payment plan with the IRS. Good luck.

    See question 
  • CA Dept of Labor judged in my favor against LLC. LLC is closed but "active" w/Secty of State. Can I still sue? How?

    It has been 2 years and I have not received payment ($3200.00). I have the COO and CFO home address and current place of employment. Does that help as far as collecting what I am owed?

    Frederick’s Answer

    If the LLC is still "active" then there should be an attorney of record for it. You should check with the department of state/commerce and then take the results of your search to a local attorney. Good luck.

    See question 
  • How to deal with collection attorney who has filed a court Summons regarding the debt that is not belong to me?

    A debt collector came to my house and delivered a court Summons stated that I owed American Express credit card account. I don't have American Express account and never received bills or statements at my current address. What should I do? Pleas...

    Frederick’s Answer

    Check the date on the summons and contact a debt defense attorney that handles cases in your area. If this is a case of mistaken identity you could be entitled to damages under the FDCPA. Don't delay, as the turnaround time for this kind of case is quick.

    See question 
  • I made tried to make an appointment with a local dentist office, and they claim I owe a bill from 2005, can they still collect ?

    I made tried to make an appointment with a local dentist office, and they claim I owe a bill from 2005, can they still collect past 7 years?

    Frederick’s Answer

    You should check with a local attorney but this is probably barred by the SOL.

    See question 
  • My credit union has sold my debt to collector, im 67 only income is social security, whats the possibility of a suit

    should I inform collector of my only income is social security, debt is unsecured,

    Frederick’s Answer

    They may file suit but will probably send you numerous letters before initiating litigation. Keep all of the letters and discuss the situation with a debt defense attorney in your area. They should be able to help.

    See question 
  • First I can't afford an attorney! I am In WI. 20 days to answer. i need to know how to answer this a pleading.

    How do I do a heading? i do owe the debt but I had offered in several letters how I could manage it as I am 77 years of age and widowed on a fix income. I have all the copies of everything I wrote them etc. How do I get started.

    Frederick’s Answer

    Mr. Swimmer is right. Check with your legal aid clinics-they should be able to help. A link is attached below. Good luck,

    See question 
  • How do claim insolvency on an estate account to avoid creditors from claiming any of the money?

    My deceased fathers former auto lease company is trying to claim unpaid payments after we turned in his vehicle when he passed away. They are looking to claim $15K. His estate at the time of his passing wasn't much because not alot had to go int...

    Frederick’s Answer

    You should discuss this with a trusts and estates attorney in your area. Good luck.

    See question