Skip to main content
Angelo Marino Jr.
Avvo
Pro

Angelo Marino’s Answers

568 total


  • The question is can our bank continued to put already paid credit card balances on our credit report.

    My husband has as a secured credit card through our bank and the bank keeps placing credit card charges that have already been paid on our credit report> Do we have any legal recourse?

    Angelo’s Answer

    You may have a Fair Credit Act claim. See a Lawyer who handles these claims. You will need to pull your credit report for the lawyer.

    See question 
  • Judgment was entered by a collection agency many years they then sold the debt to someone else. Is the judgment still valid? or

    Selling of debt is judgment still valid

    Angelo’s Answer

    One can assign and or sell a judgment. Collection companies buy debts all the time. They are referred to as "Bottom Feeders, " since they will buy debts no on else wants and use strong arm tactics to get the debts paid. Consumer lawyers who specialize in representing consumers rarely lose to these Bottom Feeders.

    See question 
  • How can I appeal a judgement for court papers I was never given?

    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...

    Angelo’s Answer

    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 
  • Are jointly held accounts between spouses immune from collection of a foreign judgment?

    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...

    Angelo’s Answer

    See www.ConsumerLawyerHelp.com on garnishment.

    See question 
  • SMS message sent to me but not for me saying money owed

    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...

    Angelo’s Answer

    • Selected as best answer

    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 
  • Discover card sued me in court and a disposition was entered against me and I was never served. What are my options?

    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.

    Angelo’s Answer

    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 
  • How many times can a credit collection agency attempt to collect a debt? if i respond every time to the letter, can they dirty

    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...

    Angelo’s Answer

    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.

    See question 
  • I am being sued by a 3rd party regarding a credit card debt. I have not been served yet but they are leaving flyers on my door?

    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...

    Angelo’s Answer

    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!

    See question 
  • Restaurant lying

    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 ...

    Angelo’s Answer

    yes, a consumer can sue them.

    See question 
  • I got sick from eating fast food tainted with rat feces. Can or should I sue?

    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...

    Angelo’s Answer

    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