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Jason Meyer Krumbein

Jason Krumbein’s Answers

436 total


  • What can I do about getting her information off my credit report? Why is this continuing to happen?

    All 3 credit bureaus have my sister & I, information mixed up. She has a repossession & mortgage. We both disputed the items & received a copy of our credit reports last year stating its been resolved. I am trying to purchase a house & now it show...

    Jason’s Answer

    Correcting a credit report should be easy, but it is not.
    The directions for this can be found here: http://ow.ly/Y3Fjo
    But it is not in the best interest of the credit bureaus to report accurately. It is in their best interest to have some negative information on your credit report. People with perfect credit pay their bills, and get credit at really good rates. But people with "dings" on their credit pay their bills most of the time, so they get credit... at worse interest rates, so the banks make more money.
    Some of the effects of inaccurate credit reports can be
    lost jobs http://ow.ly/Y3FpC
    lost credit opportunities, and lost self esteem/depression.

    If you have had your credit mixed with someone else, seeking a lawyer who does credit reporting law would be a wise decision.
    Remember that credit repair companies are NOT able to sue if these credit agencies don't fix it.. all they can do is make more of a mess.

    IMPORTANT to remember:
    If protections in the law ONLY apply if YOU dispute the inaccurate information. If someone else does the dispute you cannot sue. There is no "right" to sue. The second element of this lawsuit is that YOU, the consumer, disputed. (the first is that the information is false). If you do not have both false information and that you disputed, then you cannot even start a lawsuit.

    There is more good reading on my website.
    Blog category: Fair Credit Reporting Act: http://ow.ly/Y3FCY

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  • Can I terminate my contract with DRI without causing LONG term damage to my credit score and if so How do I proceed?

    I have a Points based Timeshare Contract with Diamond Resorts International (DRI). It was originally a Deed Based Timeshare through a company that DRI took over. Using Pressure Sales Tactics, I converted the contract over to a Points Based Syste...

    Jason’s Answer

    Defaulting on any debt, including a time share, will damage your credit report. A lot.

    You can try to sell, but most likely, you cannot break even. Used timeshares are worth nearly nothing.

    You MIGHT talk to a consumer protection attorney, who might be able to find a hole in what they did that MIGHT be enough to void the contract, but again, it is a MIGHT.

    Best of luck to you.

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  • Would the OC or the attorney's office be considered in violation of FDCPA? Any specific articles/cases would be appreciated.

    In a debt collection lawsuit with a major credit card company, it is my understanding that the original credit card company cannot be considered a debt collector under FDCPA guidelines. However, following my initial request with the original credi...

    Jason’s Answer

    Based on your description, that you did not send a validation request to the attorney, there is no violation as you described.
    This is not to say that there is no violation, as the amount sued for could be wrong, the debt could be time barred, or there could be some other violation.
    Defense of a collection matter is not as simple as it looks, you should contact a local lawyer.

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  • If a person has filed for bankruptcy, new debt has occurred after the bankruptcy, can one get a judgment on the new debt?

    Renter behind 3 months in rent and voluntarily vacated the premises. We play to file for a Warrant in Debt for the missing rent. In an e-mail exchange the former renter stated that they have previously filed for bankruptcy. We want to get judgm...

    Jason’s Answer

    As my colleagues have mentioned, this is a complicated issue.
    If the lease was entered into before the bankruptcy, and the schedules say that they are surrendering the property, then you have some very limited rights.
    If the lease was assumed, or they stayed a long time after the petition, or it is for a lease after the petition, you have more rights.
    Please note that if they are still in bankruptcy, even if you have s right to sue, Virginia courts have held uniformly that you cannot garnish bank accounts or wages.
    It is HIGHLY recommend that you talk to a competent collections attorney.

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  • Can someone sue you for warrant in debt without a written agreement?

    A notary is threatening to take me to court for money I do not owe him. He is calling me and harassing me over the phone. He is giving me a very short time for money I do not owe him... There is no written agreement where he can prove I owe h...

    Jason’s Answer

    The short answer is 2 points.
    First- anyone can sue anyone for anything in Virginia. This does not mean that they can win, but they can file the lawsuit.
    Second, a contract does not need to be in writing in Virginia. Now, this does not mean that they can win, they still have to prove that money is owed.
    You would be well advised to consult a lawyer with the exact facts you are dealing with. There are several good ones on here.

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  • Will paying off a public judgment for a credit card I had help me to remove the judgment on my credit report?

    Back in 2010, I was laid off and unable to pay the balance on my credit card. I am now at a more stable point to pay it off but I do not want to restart the statue of limitations for the debt. If I pay off the full balance and receive a letter say...

    Jason’s Answer

    Great question.

    The statute of limitations can generally only be restarted by curing the default. In this case, the default is sufficiently long ago that the "cure" of this default would pay the debt in full.
    Making a payment should not restart the statute of limitation to collect. However, if there is a judgment (which you said there is) then the time to collect is pretty long-- up to 20 years from the date of the judgment.
    Blog on this issue: http://ow.ly/WFBAD

    If this has already gone to judgment, then that time has already been extended- up to 20 years, under Virginia law.
    If the debt has not gone to judgment, then payment might restart the time to report the debt.

    In general, a judgment cannot be "removed", it can only be satisfied. There are exceptions to this rule, so you need to talk to a lawyer about this.

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  • My lawyer said I could keep my tax refund in Chapter 13, but the many websites basically say otherwise. Why?

    I'm currently filing Chapter 13 bankruptcy. One of the questions I had for my lawyer was if I could keep my tax refund to which they said that with a Chapter 13, I could keep my refund and no one could take it from me. They told me with a Chapter ...

    Jason’s Answer

    • Selected as best answer

    This is a local practice issue.
    The chapter 13 trustees in Richmond usually do not ask for the refund. The Alexandria division trustee does.
    Also, your lawyer may have amortized the money, so the trustee does not see it as an asset.
    Also, it may be a small portion of money, and would not make a difference in the payout to creditors.

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  • Can the company legally deny credit application to asylees? Should I try to convince them to reconsider the denial?

    I received an asylum status a year ago and was trying to lease a car. I submitted the credit application to the reputable dealership and received an answer that I need to provide either Permanent Resident Card, or a proof of U.S. Citizenship, beca...

    Jason’s Answer

    Immigration status is, to some extent a protected class, however, you are not an immigrant, you are an asylee.
    An asylum seeker is not expected to stay, but to wait for the difficulty to resolve and (presumably) go back.
    Of course, that rarely happens, so most asylees end up changing to some sort of immigration status.
    I think you would be better off talking to an immigration lawyer to fix that first.

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  • What Can I Do To Get These Resolve Off Me.?

    I Haven't Been Charge But I'm Facing With Checks Been Written In My Name , That I Didn't Write. How Do I Go About Getting Them Resolve Off Of Me??

    Jason’s Answer

    File a police report.
    Dispute this information with the credit bureaus.
    Fill out a FTC ID theft affidavit.
    Be prepared to provide writing samples.
    Documentation is the key to everything.

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  • What should i do

    my boyfriend opened a credit card account. added me as an authorized user. he ended up filing bankrupcy on this account. now they want to collect from me. on my credit report it says im in a joint account. i never signed up for a joint account. no...

    Jason’s Answer

    Mr. Wilson is correct in this.

    You should consult an experienced consumer protection attorney.

    There are federal laws on this issue, including the Federal Fair Debt Collection Practices Act and the Federal Fair Credit Reporting act, as well as the Federal Truth in Lending Act implicated.

    Virginia law is generally clear on the issue of the liability of an authorized user. An Authorized user would be liable ONLY for those charges that they, themselves, made, but not for any other charges and not for attorney fees. If you made none of the charges, then this action may have been brought in bad faith by the creditor. It is not unusual for this to happen.

    I again, I highly encourage you to consult a consumer protection lawyer.

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