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Joshua Bradley Farmer
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Joshua Farmer’s Answers

122 total


  • PAYDAY Loan for went to collections and now they are charging double the original loan can they do that-

    they are so mean and bullies -

    Joshua’s Answer

    You are protected from debt collector abuse by the FDCPA. We don't have details about their "mean and bull[ying] behavior but they may be breaking the law. Discuss your case without someone who handles FDCPA claims.

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  • How does the SOL effect a National Collegiate Trust private student loan that is over 7 years old and in collections?

    Will the statute of limitations in Florida allow me relief from my private student loan that I cannot pay?? This is not a federally backed loan.

    Joshua’s Answer

    You have already received an answer about there being no SOL for student loans. There has been some movement afoot in Congress to make student loans dischargeable in bankruptcy. There might be some relief in the future.

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  • Do i need credit repair attorney? Does credit repairs after 7 years?

    we are in debt since 2006 ,and we weren't able to pay any of them.Also because of the situation my husband can not find any job.

    Joshua’s Answer

    Delinquent marks on your credit reports should fall off after seven years from the date of the initial delinquency.

    You need to obtain copies of your credit reports, learn about the credit repair process and dispute any inaccuracies.

    Our firm provides our post-bankruptcy clients with a comprehensive credit repair educational course to rebuild their credit. We include this for free for our clients. We also provide the course for a low fee to non-clients.

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  • If both parties signed an order to vacate judgment, can the judgment be vacated?

    The court awarded attorney's fees in favor of the defendant. I was the plaintiff. I filed a motion to vacate judgment; however this motion was denied by the judge. However, I came into an contractual agreement with the defendant whereby the defen...

    Joshua’s Answer

    If both parties sign a consent order vacating the judgment then most judges would vacate the judgment. It would probably be best for both parties to be in court so the judge could examine them to determine if he/she were taking this action of their own volition.

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  • Someone still owes me $445 of a $1275 debt. It's been just over a year and we do not live in the same state. What can I do?

    This was for an apartment sublet for my daughter's internship in California but the renter lives in New York. We sent a security deposit and first month's prorated rent. On arrival apartment was filthy. I sent pictures to the renter and she immedi...

    Joshua’s Answer

    Unfortunately, the practical difficulties in suing someone in another state over less than $1,000 are likely insurmountable (or not cost efficient). You could perhaps hire a collection company to pursue the other party. The collection company would likely work for a percentage of a successful recovery.

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  • I am married me and my husband have a substantial amount of credit card debt. I am responsible for 75% of it.

    I have worked off and on during are relationship. I have a daughter from a previous marriage that he some what help support since she was 5. We got married in 2006 and I finally got a steady source of income and worked for 8 years until October o...

    Joshua’s Answer

    Mr. Bollinger raises a good point. You have potentially admitted some things here that you should - perhaps - have not admitted. Remove the post, find a divorce attorney and find a bankruptcy attorney. You may need to find a criminal attorney (but hopefully not).

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  • I countersued big bank

    A big nationwide bank sued me for over a million dollars for a note I consigned. I countersued the bank for fraud, negligence, duress, dtpa (deceptive trade practices,and mental capacity. The bank filed a summary judgement to throw out my alle...

    Joshua’s Answer

    It seems you have brought serious claims against a large bank. That bank surely has hired good counsel. You need to find substitute counsel quickly to handle this matter.

    You indicate that your DTPA (aka UDAP) and mental capacity claims survived a defense summary judgment motion. That is very positive and indicates that the judge finds at least some merit in your claims. From this stage, the case is on track for trial unless you can settle something with the bank in the meantime.

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  • My current lawyer is neglecting my case and won't answer my emails. What can I do?

    MY husband and I retained this lawyer to negotiate credit debt settlements. We have one creditor left and cannot get an answer one way or the other from him. This hasbe ongoing for over three years.

    Joshua’s Answer

    Consider whether the statute of limitations has passed on the remaining debt that was owed such that the creditor cannot sue you for that debt anymore. Since it has been three years since your attorney was working on this, the SOL may have passed. You should figure that out before you settle it.

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  • Can I sue for more than whats owed?

    My exemployer still owes me for 16 days and has been ordered twice by the state of texas to pay but he keeps appealing there discission..its been ,8 months.

    Joshua’s Answer

    Typically, you can only sue for your actual damages.

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  • Question on named plaintiff in warrant in debt, what is acceptable legally in Virginia?

    Is it a normal and legal process for a law firm in Virginia to name the Original creditor on warrant in debt , when in fact is from a servicing corporation in another state that bought debt from Original creditor. I would like to add the second p...

    Joshua’s Answer

    The proper party in interest to sue on the debt is the owner/holder of the debt. Rather than join the additional party, you should focus on defending this suit by claiming that you don't owe the original creditor since they sold the debt.

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