I just pulled a credit report and found a judgement in 2011 for the amount of $1400 plus attorney costs and interest that was filed against me. The court papers were sent to an address that I had not resided at since 2009 and I had absolutely no i...
First, you need to act immediately if you wish to set aside the judgment. It can be done if you act immediately. You will need to prove that you did not live at the address at the time of the service of the documents --complaint and summons. You should hire an attorney to file a motion to set aside the judgment and set it for hearing as soon as possible. You will need to sign an affidavit stating you were not at that address and were never served. The more evidence the better. If I were handling the case, I would require you to obtain the complete court file to review. Expect a fee for the service. Even if the facts are on your side, there is in guarantee of success.See question
I own property in Georgia and Florida but I am a Florida resident. I have been involved in a lawsuit against my homeowners association for A property I used to own in Georgia. I initiated the lawsuit but now they are trying to collect attorneys f...
See www.ConsumerLawyerHelp.com on garnishment.See question
5 months ago I offered a birthday gift for Jen. It was for a service at a specific company. But it was a one time payment, as a birthday gift. I made it clear, nor did I sign any agreement that stated otherwise. A month afterward, I stopped talkin...
Anything is possible, especially when it comes to collection agencies. If it is seeking a claim for a debt against you, they must send you a letter within 5 days ( see 15 USC 1692g). I would send them a cease and desist letter once you find out who is calling you. If it violates the letter, you have a claim. Certainly Jen has a claim. , see www.conusrmerLawyer help.com for me information.See question
On 8/12/14 DIscover Card opened a civil case against me. I was never served but a judgement was entered against me. What is my recourse since I was never served any papers. I found out about the case via solicitation from an attorney.
You need to immediately seek an attorney to set aside the the default judgment. You will need to get a copy of the complete court file for the attorney to review to see what occurred re service etc. See AVVO for a consumer lawyer.See question
I received a letter 5 months ago from a collection agency with the common headline" this is an attempt to collect a debt. blah blah, blah. you have 30 days to respond etc, etc. ... " I responded and i thought they went away. today they sent the s...
They will attempt to collect a debt and to pay it with the statute of limitations runs on the debt. I suggest you do a verification letter. See below.
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
I am being sued by a 3rd party for a credit card debt, but I have not been served. They keep leaving flyers on my door. Should I contact the server or should I wait for them to serve me. I have a pre-trial hearing in August. If they don't serve...
First determine how old is the debt, when last payment was made, is the plaintiff the original creditor, and did the plaintiff attach all of the required information, such as the credit card agreement, bills, etc. Many times suits are brought that are unenforceable.
Sometimes it is best to see an attorney. A few hundred dollars for simple advice can go a long way. Many times a consumer lawyer can handle the case for no fees of limited fees and get the rest from the creditor. Good luck!
My employers own an ice cream shop that advertises that the product is made without heavy cream -substituting low fat or fat free milk- and without eggs, they use both eggs and heavy cream but lie to customers even when asked directly can they be ...
yes, a consumer can sue them.See question
My family had gone to a local McDonalds for dinner. We bought a few meals and brought it home so we can relax with a movie. While watching the movie I began eating my fries when suddenly I was overtaken by a horrible rancid taste. I spit most of i...
These cases generally settle. The amount of the settlement depends on the amount medical expenses and whether you can tie your claim to the food you ate.See question
Four days ago I purchased Schwinn Inline skates. On my maiden voyage I didn't make it out the driveway before the ankle support on my left foot became lose causing me to fall and fracture my ankle. After an ambulance trip to the ER and being pla...
This is not a difficult question to answer. If you feel your injury is serious, then consult a lawyer. A lawyer will protect your right and obtain a settlement much larger than you will on your own. Most clients that have come to me after they attempted to resolve the case on their own generally have only made things worse for themselves.See question
I suffer bad credit because of stolen credit cards while I traveled to canada back in 2008. I do have a case # from the local police station but no actual report that I did filed at the time. My boyfriend and I are getting marry. And I am very co...
This is a common problem that I see often. I would suggest you get a copy of your credit report to identify what charges are causing the bad rating. If they were the result of ID theft, there is a document you can fill out (affidavit) which you can sent to the credit bureaus along with the police report. You can write a dispute letter and explain why you are not responsible for the debts. Other debts that are not yours can be similarly disputed by writing to the credit bureaus. But you have to do it correctly and know the law. There are many websites that provide information on how to do this. See www.ConsumerLawyerHelp.com for forms on this and assistance.See question