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Jason Meyer Krumbein

Jason Krumbein’s Answers

394 total


  • How do I pay this judgement(warrant in debt)? The plaintiff is not allowing me to pay her.

    I was told under virginia law I can pay the clerk of court. However, the clerk of court division(vabeach) keeps advising me that there's no option for me to pay my judgment. that I can only pay the plaintiff. This woman will not acknowledge me to ...

    Jason’s Answer

    Send the money to the plaintiff by certified check by certified mail. Wait 10 days.
    Send a letter following up, asking the plaintiff to mark the judgment satisfied. Wait 15 days.
    If the plaintiff fails to mark the judgment satisfied after the letter, you can file a motion asking the court to mark the judgment satisfied, but you will have to prove that you send all of the money necessary to satisfy the debt (including court costs and interest), AND that you sent the letter AND that you waited at least 10 days to file the motion.

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  • Is there help for student loans?

    My daughter was taking an online course and was doing very well. Just when she and others in her class were suppose to start their in hospital training the program was closed. These students are now left with hefty loans to pay back when it wasn'...

    Jason’s Answer

    The guru of student loans, nationwide, is TheStudentLoanLawyer.com
    You can follow him on twitter: @StudentLoanLaw
    or just go to his website. He will be glad to help with this.

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  • Which state to file a police report in?

    I just found out that my SSN was obtained by someone that paid a PI to get it for them. With that said, I was advised to go ahead and place credit freezes on all three credit reporting agencies and then to file a police report. I currently li...

    Jason’s Answer

    You do not need to travel anywhere but your local police department.
    However, they are likely to find that no crime has been committed. Possession of your SSN is not a crime. USING the SSN MAY be a crime (in most cases, it probably is).
    If you know who obtained your SSN, you need to find out why they obtained it.
    In many cases, the reason they got your SSN is because your credit file is mixed with theirs.
    You should obtain a copy of your credit reports (directions here: http://ow.ly/PRXrS )
    Then, based on that, you may need to take action, but at this point a security freeze and police report should be all you need.

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  • Can I file a joint answer with my mom who is my co-defendant?

    My mom and I are being sued as co-defendants for a defaulted student loan. I am in the process of looking for a lawyer. If we don't find a lawyer in time, we would have to defend ourselves pro se. As pro se litigants, can we file a joint answer ...

    Jason’s Answer

    • Selected as best answer

    I agree with the other people who answered that finding a lawyer to help is a good choice.

    I have defended a number of recent collection actions based on claims of student loans. In some cases, the relevant statute of limitations has expired when the lawsuit was filed. Not only is this a defense to the collection lawsuit, there is a claim against the lawyer and sometimes the plaintiff for violation of the Federal Fair Debt Collection Practices Act.

    You should find a local consumer protection lawyer.
    http://consumeradvocates.org/find-attorney

    There are also lawyers who work on student loans. You might find one near you.
    http://thestudentloanlawyer.com/workshop-graduates/

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  • If I owe student loans to the government and just opened a small business can they take my business away?

    I was left a small amount of money from a relative and I also owe student loans (the money was not enough to pay off my loans), but I opened a small tee shirt business (to help me and help pay off the loans) can the government take my business awa...

    Jason’s Answer

    It depends.

    If the loans are private loans, then the government will not be involved.
    If the loans are federal loans, then they can issue administrative wage garnishments and tax refund offsets, but they cannot seize bank accounts.

    If the loans are federal, you should contact the servicer and talk to them about an income based repayment solution. You may be eligible for a payment plan as low as zero.

    If the loans are private, then all the standard rules of collection apply. They can seize your bank account only if they get a judgment first. There may be defenses to both a lawsuit and a garnishment.

    You should talk to a local consumer protection lawyer about your circumstances, particularly one who has experience in student loans.
    You can find one here: http://ow.ly/PiuuS

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  • Am I in legal danger?

    I have a collection company going by the name of Investigative Recovery Services. They are calling in reference to a debt account from 2012 (payday loan) They didnt start contacting me until this past year. I have asked several times for debt vali...

    Jason’s Answer

    My experience with these people is that overwhelmingly they are scammers.

    I have written a number of blogs on this issue.
    Start here:
    http://krumbeinlaw.com/non-payment-of-a-payday-loan/
    http://www.krumbeinlaw.com/scam-debt-collectors/

    Continue on here:
    http://www.krumbeinlaw.com/wrong-party-collections/
    http://www.krumbeinlaw.com/threat-of-lawsuit-from-8-years-ago/
    http://www.krumbeinlaw.com/debt-collectors-on-credit-reports/
    http://www.krumbeinlaw.com/13-collections-myths-busted/
    http://www.krumbeinlaw.com/more-collection-myths-busted/
    http://www.krumbeinlaw.com/howto-deal-with-debt-collectors/
    http://www.krumbeinlaw.com/collectors-from-a-collector/

    Your client should also order credit reports, sometimes the collectors leave fingerprints on credit file and we can determine who they are from that.
    http://www.krumbeinlaw.com/credit-report/

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  • Owner filing bankruptcy do I have to pay rent?

    Our lease is up in a week. The owner filed bankruptcy. The property managers said they are not renewing our lease but we can stay until the bank decided what to do and the process could take a while. They said we could continue to pay them and the...

    Jason’s Answer

    The protecting renters at foreclosure act, espero law that protects renters whose landlord either has been or will be foreclosed, says that as long as you are paying rent, that you may stay there. It also says that if you do not pay rent, then whoever is the owner of the property may evict you.

    I agree with the other lawyers who said that you must pay the rent.

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  • My ex-husband took a payday loan using my information, without my knowledge, and didn't pay it, what do I do now?

    I received a threatening collection call today saying that a payday loan from Cash Net USA was processed in my name in April 2014 and now the account is in collections due to non-payment. They told me that the loan was processed online and using m...

    Jason’s Answer

    My experience with these people is that overwhelmingly they are scammers.

    I have written a number of blogs on this issue.
    Start here:
    http://krumbeinlaw.com/non-payment-of-a-payday-loan/
    http://www.krumbeinlaw.com/scam-debt-collectors/

    Continue on here:
    http://www.krumbeinlaw.com/wrong-party-collections/
    http://www.krumbeinlaw.com/threat-of-lawsuit-from-8-years-ago/
    http://www.krumbeinlaw.com/debt-collectors-on-credit-reports/
    http://www.krumbeinlaw.com/13-collections-myths-busted/
    http://www.krumbeinlaw.com/more-collection-myths-busted/
    http://www.krumbeinlaw.com/howto-deal-with-debt-collectors/
    http://www.krumbeinlaw.com/collectors-from-a-collector/

    You should also order credit reports, sometimes the collectors leave fingerprints on credit file and we can determine who they are from that.
    http://www.krumbeinlaw.com/credit-report/

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  • Need to file bank levy for a Portsmouth, VA Commonwealth case. The debtor lives in another county in VA. Can I still garnish?

    My debtor lives in a county outside Portsmouth, Virginia. I want to file a levy, but do I need to transfer the judgment to his county in order to properly serve him the garnishment summons? Will the court accept a garnishment if there is only at...

    Jason’s Answer

    File the garnishment (bank levy or wage attachment) in the jurisdiction where the judgment is. You only need to record the judgment in a foreign location if they move out of state.

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  • I was sued last year by Discover Bank I never received a summons or a certified letter. Is there anything I can do?

    I moved out of Virginia three months prior to being sued I never received a summons or certified letter I didn't know I was being sued. Two days ago I did a free annual credit check and saw I was sued and lost the case (Default Judgment). Seven mo...

    Jason’s Answer

    Theoretically, you can go and fight the judgment.
    BUT, the big question is what is the basis to defend? Is this debt not yours? Is it time barred? is there something else you can hang your hat on?

    Generally, for a judgment to be valid, there must be notice and a right to a hearing. IN this case, you did not get notice in time to be able to defend. That makes the judgment void.
    But the question is what will you defend with?

    Hiring a lawyer in Virginia experienced with dealing with this kind of thing will be a very important thing. Don't go this alone.

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