Alvin S. Albert’s Answers

Alvin S. Albert

Atlanta General Practice Lawyer.

Contributor Level 9
  1. How do I get a collection agency to leave me alone if my ex-husband was named as the responsible party in our divorce decree?

    Answered over 2 years ago.

    1. Robert Allen Kaiden
    2. Alvin S. Albert
    3. Dorothy G Bunce
    4. Glen Edward Ashman
    5. Kevin V.K. Crick
    5 lawyer answers

    I agree with the first answer, HOWEVER, you do not have to tolerate abusive or threatening behavior from collectors. You can stop the harassment by having an attorney, like us, who specializes in Fair Debt Collections Practices Act (FDCPA) and debtor defense review your situation. If they have violated the law, you may have remedies to stop the harassment. Best Wishes.

    8 lawyers agreed with this answer

  2. Can a law firm take money from your banking account after the judge has set a date for mediation

    Answered over 2 years ago.

    1. Alvin S. Albert
    2. Daniel Dwight Bowen
    3. Robert Allen Kaiden
    4. Glen Edward Ashman
    4 lawyer answers

    It appears that they did not "take" money involuntarily through a garnishment or levy. You obviously gave them permission to take a payment out of your account to start the settlement process. You had the option of not working out a payment plan and going to mediation, but chose to give them a payment. If you gave them authorization to take the payment - they have not done anything wrong. You can, of course, stop future payments until they correct the agreement. It is customary to get the...

    6 lawyers agreed with this answer

  3. Can a repo agent threaten an arrest warrant? And also leave a voicemail on a relative's phone threatening it also?

    Answered over 2 years ago.

    1. Alvin S. Albert
    2. Daniel Dwight Bowen
    3. Michael J Corbin
    4. Stephen Nathan Doan
    5. Tom Arany
    5 lawyer answers

    Find an attorney, like our firm, who specializes in Fair Debt Collection Practices Act (FDCPA). You are correct in assuming the law has been broken. However, if this is some kind of illegitimate, "fly by night" operator, merely telling them that you are aware of your rights may be enough to send them away. The FDCPA definitely protects you against collectors who can be found and sued, but has mininal effect against collectors who cannot be located or are "fishing" for easy pickings. Either...

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  4. Can a creditor retract a debt settlement agreement after it has already been paid?

    Answered over 2 years ago.

    1. Alvin S. Albert
    2. Glen Edward Ashman
    3. Daniel Dwight Bowen
    4. Rachel Lea Hunter
    4 lawyer answers

    Since this is a reputable retailer, a simple, but stern, letter to the creditor with proof should resolve it. I would then escalate as mentioned by the other attorneys. If your info. is correct, stand your ground and don't be bullied into paying the additional fee. Best Wishes.

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  5. The landlord evicted my friend.

    Answered over 2 years ago.

    1. Alvin S. Albert
    2. Ikemesit Amajak Eyo
    2 lawyer answers

    If the bankruptcy stay was lifted and the landlord then received an immediate writ of possession, then they appear to be within their rights to evict your friend. Often creditors will take action without knowing a bankruptcy has been filed or is in the process of being filed. These are usually "innocent" mistakes and they have an opportunity to retract these actions once notified of the bankruptcy. This may be the case with your friend's landlord. However, if the landlord deliberately...

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  6. A repo man or I'm not sure hills associate keep calling me

    Answered over 2 years ago.

    1. Alvin S. Albert
    2. Daniel Dwight Bowen
    3. Glen Edward Ashman
    3 lawyer answers

    Very strange. The call alone violates federal collections law (FDCPA). Unless you are positive it was a repo. company, it sounds like a collection agency bought this old debt and is desperately trying to see if they can scare you out of some money. If it was a one time call, I would not worry too much (don't let them intimidate you into giving any financial info.). If it is constant, I would get detailed contact information on the collector and contact an attorney, like us, who specializes...

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  7. Will my Ex husbands Bankruptcy affect the back child support & medical bills he owes me?

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. Robert M. Gardner Jr.
    3. Alvin S. Albert
    3 lawyer answers

    You should consult with an attorney concerning the medical bill reimbursments. Child support is non-dischargeable in a Chapter 7, but a bankruptcy attorney could give you the full picture concerning your rights.

    3 lawyers agreed with this answer

  8. Wage garnishment summons with capital one as plantiff. I called them and they no longer have my account it was sold to a

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. Alvin S. Albert
    2 lawyer answers

    I believe you are asking "can they collect" because someone has already sued you. A garnishment can wreck havoc on your paycheck or bank account, so I would seek help from an attorney asap. You may have a valid defense to the garnishment, but you would need to provide more details to an attorney.

    3 lawyers agreed with this answer

  9. How to file a claim of exemption in georgia

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. Alvin S. Albert
    2 lawyer answers

    Yes, your options are limited at this point. If the account does not have sufficient funds to satisfy the judgment, the creditor may continue to pursue you. After they get the funds in your account, you can contact them and attempt to work out a settlement. This should prevent further garnishment. If it is a large balance, and you have other debts, you should consult a bankruptcy lawyer.

    3 lawyers agreed with this answer

  10. How can I file motion to satisfy judgment?

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. Alvin S. Albert
    2 lawyer answers

    No, if the case is over. IT IS OVER. I would send them the appropriate proof that you have satisfied the judgment and have them close the case with the court. It may be just a timing mistake, with the interrogatories prepared to go out before you paid the judgment. If you have truly satisfied the judgment, be aggressive and don't be bullied into paying additional funds. Best Wishes.

    3 lawyers agreed with this answer