John Naif Ellem’s Answers

John Naif Ellem

Parkersburg Lemon Law Attorney.

Contributor Level 4
  1. I have received a letter from a credit collector representing an original creditor I don't recognize. What is best thing to do ?

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. John Naif Ellem
    3. Todd Bradley Johnson
    4. Michael J Corbin
    4 lawyer answers

    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...

    Selected as best answer

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

    Answered about 2 months ago.

    1. John Naif Ellem
    2. Scott Russell Needleman
    3. Richard Glenn Elie
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Stanley F. Denman
    2. John Naif Ellem
    3. Ingrid Arnalda Morfa
    3 lawyer answers

    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-...

    2 lawyers agreed with this answer

  4. 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

    Answered over 4 years ago.

    1. John Naif Ellem
    1 lawyer 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...

    1 person marked this answer as helpful

  5. Automobile repo

    Answered 3 months ago.

    1. Todd Bradley Johnson
    2. John Naif Ellem
    2 lawyer answers

    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...