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John R. Cantrell Jr.

John Cantrell’s Answers

76 total


  • I have received a letter stating I owe the hospital for the birth of my child 2 years ago which was paid. What can I do?

    I either paid my bills outright, made payments online, or set up payment plans with 3rd parties. I logged in and there is no history available on their site anymore. I have changed banks since then so may be no history available there. I have writ...

    John’s Answer

    Here is the link to the online SC Dept of Consumer Affairs complaint form. This should get a response from them.

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  • Is this harassment ?

    I have a medical bill that I am currently paying 50.00 per month to a collection agency. The first thing they did was call my job & discussed this with my boss.. Then they called my husband wanting me to pay more each month.. I can't believe the n...

    John’s Answer

    It sounds like they could be violating both the FDCPA and our similar state statute, the SC Consumer Protection Code, which applies to original creditors as well as collection agents. Some consumer protection attorneys, such as myself, can be retained to completely protect you from contact with the creditor, under penalty of law, for very reasonable rates. In addition, the SC law provides that if you write them a letter instructing them not to contact you at your work location, that they must stop doing so. It is also improper for them to contact third parties, such as your husband, for anything other than location information, assuming that they didn't know where you are located. Otherwise, they shouldn't contact third parties at all, and even if they do contact them for location information, they should not discuss your debts with those third parties at all..

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  • My divorce papers say I am to pay my ex husband $8000, but I have been unable to refinance due to credit score what can I do?

    Payment was suppose to be made by March 2013, but I am unable to get a refi due to my credit score, I have tried twice.

    John’s Answer

    Failure to make this payment could lead to your ex taking you into court on a motion for contempt of the prior court order. You could consult a domestic attorney to deal with the matter, if you don't already have one. You could also consult with a bankruptcy attorney, since it might be possible to deal with this debt in a bankruptcy as well.

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  • My visa is in collections, but I don't see the collection dept. anywhere on my repor

    I have visas that were on my credit report last year, but now are gone. I am claiming chapter 7, I don't want this to come back and haunt me

    John’s Answer

    Two possibilities exist. One is that the original creditor still owns the debt, and has merely hired a collection agency to try to collect it for them. If so, you can get by with just listing the original creditor on your bankruptcy, but if you know the name of a collection agency, then list them in addition to make sure they get notice of the bankruptcy filing. The other possibility is that the original creditor has sold the account to a debt buyer. If so, then there is a chance that the debt buyer will put a new entry on the credit report with their name, but they may also continue to leave the debt on the credit report under the former creditor name. In any event, list any creditor names that you believe are associated with the debt. If you accidentally or unknowingly fail to list the name of the proper creditor in the bankruptcy, then under SC bankruptcy law, when filing a Chapter 7, the debt will still be discharged, so don't worry if you don't have the most accurate information. Just list what you know.

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  • After filing for bankruptcy over 2 years ago, if you sell your home, can and will your debtors take the profit money?

    I filed bankruptcy, but got to keep my home.

    John’s Answer

    I am assuming you filed a Chapter 7 bankruptcy, which is the kind where you don't have to make monthly payments for 3-5 years after filing. If so, then the house is yours and the creditors can't do anything if you sell your home. However, if you are in an active Chapter 13 bankruptcy, and still making monthly payments to a trustee, then you need to get permission to sell your home from the court, so contact your bankruptcy attorney if you are in a 13, but don't worry about it if you filed a 7.

    This advice only applies to old debt that you acquired before filing for bankruptcy. If you have acquired new debt and new creditors, the answer might be different.

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  • How do I get out from under this rental property?

    I have a rental property that is also a mobile home. I have good renters in it now but it needs extensive repair from a leak. I would really just like to get rid of this thing, but mobile homes are not selling. Should I just let the bank foreclose...

    John’s Answer

    You could just let the bank foreclose on it. If you did that, you would have two potential liabilities. The largest would be to your lender, since they would likely sell the MH for much of nothing and then get a judgment against you for the balance of the debt (called a deficiency judgment). In addition, if your renter has a lease for a specific term, and they are unable to rent a comparable property for the same amount, then they may have a claim against you for damages under the lease (if there is a lease). If you are judgment proof, then these possible judgments may not be a concern for you. Any such judgments could be dealt with in a bankruptcy, if necessary. Perhaps you should seek a consultation with a bankruptcy attorney to see whether or not that would be a good option for you at this time.

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  • Can I reopen my bankruptcy case without an attorney?

    My bankruptcy was discharged last year, and a debt buyer is now trying to collect on several of the accounts that were included in my case. I have spoken to the collection agency and they are aware of the discharge, but haven't removed the negati...

    John’s Answer

    You could file a motion to reopen the case yourself, but you may not need to do so. Some attorneys, such as myself, might be willing to handle such a case on a contingency basis, after checking out the facts. Feel free to contact me if you would like a free consultation on this matter.

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  • I have some premarital debt and no joint debt with my husband, am I able to file bankruptcy on my premarital debt in SC?

    I have credit card debt, student loan debt, and that is all, but I have no job & no assets associated with my name ie cars & house are all in my husbands name & we have no joint debt. All together I have maybe between 30 and 40k dollars of premari...

    John’s Answer

    Yes, you can file on your own. Your husband is not required to file. I am assuming that there have been no recent asset transfers from you to your husband, either before or after your marriage, since that would raise other issues.

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  • Have not paid my association dues in 3 years...Can they foreclose and put my house up for Auction??

    They have uptained a judgement against me for what I owe the Association..

    John’s Answer

    Yes. An HOA can foreclose and get a judgment against you. However, you could catch up any past due payments to the HOA and keep your home if you qualify to file a Chapter 13 bankruptcy. I suggest consulting with a bankruptcy attorney to see if they can help you. There is a link below to bankruptcy attorneys from around the country. Perhaps you can find one near you.

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  • How do I handle Sallie Mae in regards to the ongoing late fee interest being added to school loan.

    I am cosigner for son's loan with Sallie Mae. Currently a draft amount $293.41 from my account on 26th monthly being made, for over one year. Yet Sallie Mae continues to say the account is past due, and therefore late fees are being added. Ban...

    John’s Answer

    Have you tried asking Sallie Mae how much it would take to bring the account current? That way you should be able to determine whether or not you agree with them regarding whatever payments that they allege have been missed.

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