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James Marvin Feagle

James Feagle’s Answers

71 total


  • What can victims of Identity theft do fron a legal standpoint?

    I was the victim of Identity theft and I received a notification from the U.S. Department of Justice about the case.I was also given a victim Identification Number. What can I do legally?

    James’s Answer

    I would obtain more information from the DOJ. I would also obtain all of your credit reports from the major credit reporting agencies to look for irregularities. Bad addresses, accounts you did not open, inquiries not made. You can go to www.annualcreditreport.com to get them for free. In the even that you find something, you should consult with a consumer attorney. I would contacting the National Association of COnsumer Advocates to find an attorney that specializes in Fair Credit Reporting Act cases. Good Luck.

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  • 2 years ago, Mortgage Company offered me a modification program package. I turned it down. They got mad and attacked my credit.

    Never missed or have been LATE with a payment. They said I was late Apr-Jun 2012. And when I found out last summer I showed them bank records showing my on time payments. They finally corrected the Credit Report contacts but refuse to pay me my la...

    James’s Answer

    If you disputed the late payments to one or more of the major credit reporting agencies (Equifax, Experian or TU) it may create some furnisher liablility for the mortgage company under the Fair Credit Reporting Act if the mortgage company initially reaffirmed the false information and only removed it after a second request. If this is the case, many attorneys will file a suit for you, particularly if you were damages. e.g. if you found out last summer because you were applying for credit and you were denied and the stated cause was that you had been late and this was only late event on your credit. I would recommend calling a National Association of Consumer Advocate Attorney in your state that does FCRA (Fair Credit Reporting Act) work. We all give free consultations and none of them will charge you personally to work on a case because the fee burden shifts to the defendant mortgage company that made the inaccurate reporting. Good Luck.

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  • I would like information on filing a claim against a collection agency and the billing company. I am a junior with a 750 credit

    I recently got married with a good job that requires perfect credit . I am in jeopardy of losing it all. The debt belongs to my father . I'm a junior and never was seen at the facility. The collection agency reported a disputed debt ...

    James’s Answer

    Your file has been mixed with your father's. This is common and relatively easy to correct with Trans Union. Additionally you may be entitled to compensation under the FCRA for the hassle as well as any actual damages (fired from job, loss of security clearance, etc.). You should speak to an attorney about this. Most attorneys that handle these matters do not charge clients and would be paid by the entity that caused the problem, in this case Trans Union. Good luck with this.

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  • How do I write and submit a motion of discovery

    I was arrested for credit card theft, credit card fraud, and identity theft. I did not do this. I have never entered into this specific store every in my life. I would like to know more details on how my name may have gotten wrapped up in this.

    James’s Answer

    You need to consult with an attorney that specializes in Criminal defense cases. Get references. If during the representation, the charges are dismissed and it becomes obvious that you were in fact a victim of id yourself, you may have a civil claim against some of the businesses or even the credit reporting agencies that are involved. Good Luck. I would not further discuss facts about this on this list until you speak to an attorney about your arrest.

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  • A creditor keeps contacting me and I believe its my SOL? Should I pay

    A creditor keeps contacting me and I haven't had any contact with them in 7years. I just set up a payment plan but haven't made a payment yet. Should I make a payment or are they just trying to get money from me? I was reading different answers a...

    James’s Answer

    I probably would be hesitant to make any payments. The statute of limitations should be raised and may provided an affirmative defense if you are sued. For written contracts (Credit cards fall into this category in Georgia) the SOL will usually be found to be 6 years, but there are arguments for shorter statute of limitations, particularly for debts like auto deficiencies and some accounts. The Fair Credit Reporting Act allows for reporting adverse information for 7 years + 180 days from default. I interpret that date to be the date for which payment was due and full payment was not made, not necessarily date of last payment as is commonly understood by lay people. Some people feel a moral obligation to pay debts they actually incurred despite the debts not being able to be enforced legally, that is for you to decide. You should contact an attorney to discuss specifics and your defenses if you are sued or if they reage the debt and start reporting it after it is stale. Good Luck.

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  • A creditor keeps contacting me and I believe its my SOL? Should I pay

    A creditor keeps contacting me and I haven't had any contact with them in 7years. I just set up a payment plan but haven't made a payment yet. Should I make a payment or are they just trying to get money from me? I was reading different answers a...

    James’s Answer

    I probably would be hesitant to make any payments. The statute of limitations should be raised and may provided an affirmative defense if you are sued. For written contracts (Credit cards fall into this category in Georgia) the SOL will usually be found to be 6 years, but there are arguments for shorter statute of limitations, particularly for debts like auto deficiencies and some accounts. The Fair Credit Reporting Act allows for reporting adverse information for 7 years + 180 days from default. I interpret that date to be the date for which payment was due and full payment was not made, not necessarily date of last payment as is commonly understood by lay people. Some people feel a moral obligation to pay debts they actually incurred despite the debts not being able to be enforced legally, that is for you to decide. You should contact an attorney to discuss specifics and your defenses if you are sued or if they reage the debt and start reporting it after it is stale. Good Luck.

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  • Can i be sued for an old debt again by a different collections agency/ lawyer?

    I was taken to court in 2009 and we settled on a payment agreement. I defaulted and in 2012 they garnished my wages. I left my job and now in 2014, they sold the debt to a new law firm. Can the new law firm take me to court again?when does the SOL...

    James’s Answer

    If the debt was properly assigned, the assignee "debt Buyer" steps into the shoes of the original judgement creditor and may garnish for any balance still owed under the judgment, that was not fully paid during your prior continuing wage garnishmnent. It is a problem if the debt buyer does not give you credit for the payments you made to the original judgement creditor when you were previously garnished. We see this from time to time.

    The debt should not reappear on your credit report as a tradeline if the default was more than 7.5 years ago. Since your court date was five years ago, it is possible that it still could be reported for a few more years, but if the debt went into default prior to late 2006, it is barred.

    The increase from $6K to $20K over a decade is not uncommon with some of the credit card interest rates that may have been applied by the judge.

    Good Luck with this.

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  • Is it possible to have a eviction expunged off public records?

    I know that it will still appear on my credit report but is it possible for it to be expunged from public records?

    James’s Answer

    If the disspossesory was not personally served on you, then there should not be a money judgement against you, they should only have been given a writ of possession to take the apartment back. The fact of the eviction is often kept in secondary credit reporting sources like renters reference.

    Most people are concerned more with their credit which picks up judgements, why are you wanting to expunge the public record?

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  • I own a house in Canada and have had a mark against my credit in the USA for dues on the property in Canada.

    I consulted a lawyer in Canada, but seeing that the mark is against my credit in the US there wasn't much he can do for me, but to send them a letter, which he did last Oct with no reply, stating I do not owe them dues, is there anything I can do ...

    James’s Answer

    In addition to a potential furnisher claim under the FCRA if they report information inaccurately, there could be a claim under the Federal Fair Debt Collection Practices ACt as well. First, I would recommend sending a dispute to each of the bureaus that this is being reported to and briefly explain why the reported debt is not owed. I would attach a copy of the letter authored by your Canadien attorney along with any supporting docs that he submitted to the furnisher (creditor or colletion agency.) Disputing through the bureau is a condition precedent to having a FCRA act. The bureaus will contact them (as of now they will not likely supply the docs that you give to them, so it is good that you have already sent them to the furnisher.)
    It has been my experience in the United States that property management companies or homeowners associates don't directly report dues, but hire third party collection agencies to do their dirty work. These companies must report to the bureaus that there is a dispute. They often fail to do this. If so, there is a violation of section e(8) of the Federal Fair Debt Collection Practices Act. This act provides for damages, both statutory damages up to $1000 even if you are not harmed financially as well as any actual damages. e.g. denied mortgage at 4% and had to get it at 5.5% or higher is typical problem. Also, it provides for attorney fees wnich motivates a lot of consumer attorneys such as our firm.

    Good luck with this. Have your credit reports and all other docs handy when you consult with an attorney.

    Jim Feagle

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