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John Naif Ellem

John Ellem’s Answers

5 total

  • Do I need an attorney to dispute a claim that "went to collections"?

    I absolutely do not owe this debt. It's an all star cheer gym. I paid EVERY PAYMENT!!! They're trying to collect because they say I broke the contract - by not finishing the season. My daughter re-injured her ankle, at practice at their gym" and a...

    John’s Answer

    If I understand your post correctly you disputed the debt in writing to the gym when you sent the uniforms back and then again in writing to the collection agency. You may want to check you credit reports and see if any the gym or agency reported it there also. If so, you will want to dispute this and any other errors on your reports with the credit bureaus. Tips for doing dispute letters can be found at Consumer Financial Protection Bureau website: www.consumerfinance.gov. Given the efforts you have taken so far, it would first be a good idea to contact a consumer attorney in your area who can get some more details from you and advise you on your rights and/or the best additional steps to take. The National Association of Consumer Advocates is an organization comprised of attorneys who do consumer law and they have a searchable directory: www.naca.net. Good luck.

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  • Automobile repo

    Repode truck was auctioned off and I owe the difference. I'm on disability with no money to pay.

    John’s Answer

    I agree with Todd Johnson's analysis. You should talk with an attorney about these options as soon as possible. I would also note that there are various requirements (proper notices, etc) a creditor must follow when they repo a vehicle then sell it and seek a deficiency balance. Many of these requirements are under a law commonly referred to as the Uniform Commercial Code (Article 9). When you go to meet with an attorney be sure and take any letters or other documents you have received from your lender. Good luck.

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  • I have received a letter from a credit collector representing an original creditor I don't recognize. What is best thing to do ?

    This supposed original creditor is not on my last two credit reports. Neither is the debt collector. I have not previously dealt with the collector either. The collector did not specify any dates. I do owe some debts, but not in the amount...

    John’s Answer

    • Selected as best answer

    I agree with Mr. Callahan's answer. You should not just ignore the letter. It is not uncommon for debts to be sold multiple times and debt buyers sometimes engage in collection efforts themselves and sometimes they hire other collection agencies. Your question on its face indicates you may have several defenses to this alleged debt. Moreover, West Virginia has some strong consumer protection laws in addition to some Federal laws that may apply. West Virginia's main set of consumer protection laws are known collectively as the West Virginia Consumer Credit & Protection Act.

    You should consult a lawyer as soon as possible. James Nelson (346-2889) and Ralph Young (574-8038) are two good consumer lawyers who come to mind and are located near you. You can also contact the lawyer referral service at the WV State Bar. Good luck.

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  • What if I'm on Social Security disability and I let my house go back, What will happen?

    I can't afford to fix it up or sell it. I don't get around well enough to fix it myself and I'm just to tired these days to try it and I just don't need the house anymore Please help

    John’s Answer

    Mr. Denman's advice to you is very good. Be proactive in seeking advice from a qualified lawyer in your area including one with experience in bankruptcy. Depending on your overall financial situation, bankruptcy may or may not be an option for you. For instance, if you have other debts that are causing you to divert money away from fixing up your house bankruptcy may help you with those while allowing you to keep your home. A good bankruptcy attorney will look at BOTH bankruptcy and non-bankruptcy options for you.

    If you had a lawyer for you social security claim you may want to ask them for referrals to qualified lawyers in your area. You can also try the WV State Bar which has a referral service. Good luck.

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  • Can a buy here pay here place say your car is stolen if you took it out of state and are late on the payments

    can a warrent for your arrest be issued from a buy here pay here place if you took the car out of state and are late on payments is this considered a stolen car

    John’s Answer

    Just the mere fact of being late on a loan payment, without something more, is almost never criminal conduct. However, more facts are needed. For instance is the car lot demanding return of the vehicle? Is the vehicle being purposefully kept out of State to avoid making payments and/or having it seized? Was some type of misrepresentation involved at the time of purchase or later on? These facts and others should be discussed in private with a lawyer competent in criminal matters as soon as possible.

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