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Joseph A Mullaney III

Joseph Mullaney’s Answers

243 total


  • Which is best way to dispute this with electric company to get out of my credit report.

    My sister and I own a house. I moved out over ten years ago to another state and she stayed in charge of house. The electric bills were in my nameShe didn't pay. There's over $4,000 that she never paid and were put on my credit report. How can I...

    Joseph’s Answer

    Generally, a consumer can dispute a tradeline for virtually any reason. If a furnisher or credit reporting agency cannot verify the accuracy or non-misleading nature of a tradeline, the tradeline should be deleted, amended, or modified accordingly.

    Generally, if a consumer defaulted on a valid obligation, that fact may be reported by the credit reporting agencies within the time prescribed by law. Because anyone can claim someone else "really" or "actually" defaulted on an obligation, neither furnishers nor credit reporting agencies tend to accept the "it wasn't me, it was them" defense.

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  • If I made fake receipts to get cash back on offers, to see if the method worked, but never cashed it for profit, is it illegal?

    Can I be sued, or go to court? Is there any punishments for this?

    Joseph’s Answer

    That fact that one didn't use the proceeds of a bank robbery doesn't exonerate.

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  • How do I approach the judge in a PA magisterial court when the documents the plaintiff filed with the complaint don't meet code?

    A junk debt buyer is suing me in magisterial court. The documents the jdb filed with the courts aren't the proper documents required by pa code. Per Pa.R.C.P 1019(h) and 1019(I) there is no statement on whether the agreement was verbal or writte...

    Joseph’s Answer

    Wrong court which is why consumers should obtain representation. See www.NACA.net.

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  • I borrowed my dads discover card with his permission. I have been trying to make payments but haven't been able to.

    The bill comes to me in his name. Calls have been coming for past due. Now I am shut out off web site. Tried calling dad no answer what to make a payment what do I do?

    Joseph’s Answer

    Generally, when a person "borrows" a credit card from a victim, charges up things he or she can't afford, and then defaults, that person wrecks the victim's credit and subjects the victim to debt collection and a lawsuit.

    Perhaps the victim could contact the credit card company to work out a payment plan. In the meantime, payments can be mailed to the credit card company with instructions to credit the victim's account.

    Ultimately, the victim is liable for the permitted, but irresponsible use of a credit card.

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  • Permanently Disabled

    If one became disabled as a child and never worked, it's my understanding that they can only receive SSI, not SSDI. How is the determination made that one is permanently disabled or does the determination get reviewed periodically?

    Joseph’s Answer

    There's no such thing as "permanently disabled." The SSA may seek to review or re-certify a person receiving disability benefits. Moreover, there are many things a disabled person can do which results in losing disability benefits.

    Persons who have tricked themselves into believing they are "permanently disabled" are usually the first persons to lose their benefits through complacency and a false sense of entitlement.

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  • Past cell phone debt from 2002

    cell phone bill collection from 2002, they claim tobe a non collection company and run outside statute of limitions, is this possible

    Joseph’s Answer

    Generally, an unpaid debt is forever owed unless discharged by law say, for example, laches or bankruptcy. A creditor may forever attempt to collect an unpaid debt even though its rights to sue have been curtailed. The debt is still owed even though legally unenforceable.

    If a debt collector is attempting collections, it may not misrepresent the impact of the statute of limitations (SOL) bar. A debt collector may not imply that a lawsuit could be filed when in fact the SOL has run. A debt collector must stop collection attempts if a consumer has triggered the refusal-to-pay rights stated in the FDCPA.

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  • What can I do

    I HAVE BEEN ON GENERAL ASSISTANCE FOR THREE YEARS NOW. i HAD ALSO A STRUCTURED SETTLEMENT THROUGH MY FATHERS DEATH THAT GRANTED ME MONTHLY ANNUITY. LAST YEAR I HAD TO MAKE A WITH DRAWL TO HANDLE SOME LARGE PAYMENTS. THEY SAID I DIDN'T HAVE TO TELL...

    Joseph’s Answer

    "THEY SAID I DIDN'T HAVE TO TELL WELFARE BECAUSE IT WAS NOT EARNED INCOME"

    Generally, one has no business asking an insurance company for legal advice. Only licensed attorneys may dispense legal advice. It's highly doubtful and very unbelievable that an insurance company said one "didn't have to tell welfare" about annuity payments. Neither the welfare office nor the prosecutor's office will believe that in the absence of evidence to the contrary.

    Consult with a criminal defense attorney for advice on how to best handle a welfare fraud situation.

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  • Are gift cards considered earned income for Roth IRA, and what is best way to document receipt of gift cards?

    I am supplementing my retirement (not earned income) with irregular income from online surveys. My plan is to accumulate as much income as possible from now until Oct 15 2015 (IRA deadline + 6 mo extension) to apply to my Roth IRA for 2014. ...

    Joseph’s Answer

    The IRS well-defines what is "earned income" for IRA purposes on its website. To determine if one falls within or without its guidelines requires a consultation with a tax attorney or tax accountant.

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  • Do i have to pay taxes on a student loan forgiveness? is there a way to avoid it?

    i took out a loan for my daugheters a federal fannie mae loan and now ehn i diid my taxes is being treated as income is there anyway to be forggiven taxes. It was forgiven because of my disability.

    Joseph’s Answer

    Generally, cancellation and forgiveness of debt is reported to the IRS by a 1099-C. It's up to the IRS and the taxpayer to determine if the amount is taxable. The IRS maintains very good information about when 1099-C is or is not taxable. Generally, student loan disability discharge is taxable unless the insolvency rules apply.

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  • I recently had my taxes done and I owe the federal, state, and local government over $4,000.

    The attorney I work for handed me a 1099 to do my taxes. I recently found out that it means that I am a contractor. I am a legal assistant and in no way a contractor. How do I fix this issue fast? There is no way I can pay over $4,000. Help!

    Joseph’s Answer

    Generally, an employee is required to review each pay stub received from an employer and ensure that correct amounts are withheld as taxes. An employee should not receive a years-worth of untaxed income, spend it all, and then wait until tax time to complain. Thus, while an employer may have unlawfully failed to withhold, an employee may have unlawfully failed to correct.

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