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John Griffin Watts's Answers
Contributor Level 14
- 137 Legal Answers
- 156 Legal Guides
2
Attorney answers:
My mortgage company isn't reporting my payments to credit agencies-No Bankruptcy
The short answer is "Yes" it is legal to not report. There is no obligation to report to the credit reporting agencies. It is unusual but some local banks still don't report. You are doing the right thing by talking to them - I would continue to ask them to please report this account (assuming you are current) and in the meantime the payment history might be helpful. The credit reporting agencies don't have to do anything with the payment history you send but it won't hurt. I hope...
9 people marked this answer as helpful
3
Attorney answers:
Private investigator or collection agency?
If this is a collection agency then it normally is illegal to tell your relatives (a "third party") that you allegedly wrote a bad check. All the collection agency can do is ask for your "location information" which is: 1. Your home address; 2. Your home phone; and 3. Your place of employment. Nothing else. I doubt this is the court or the police. If it is a collection agency then normally you will have protection under the Fair Debt Collection Practices Act (FDCPA) which is a...
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3
Attorney answers:
Can I be sent to collections if I am still paying a balance of a medical bill?
The advice in the other answers is very good. Do be careful of local hospitals here (in Birmingham, Alabama) that will send you to collections fairly quickly. AmSher is one collection agency that is very aggressive. I have sued them frequently for illegal voicemails. They often use "auto dialers" or computer dialers to call and if you did not give your cell phone number to the hospital, then these calls are illegal and you may be entitled to $500 or $1500 per call. If you did give your...
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4
Attorney answers:
WE have a "rental agreement" with a rent-to-own place. We have used a card once.They charged us without our permission.
Rent to own stores are somewhat notorious here for violating the law. Whether it is contacting "references" illegally or what you have described, you need to be very careful in dealing with rent to own stores. If the charge was made without your permission, then this is a serious problem. Ask the store why they did this. Get them to tell you in writing. Dispute the charge on your credit card bill -- you'll need the "dispute address" to do a written Fair Credit Billing Act (FCBA)...
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3
Attorney answers:
I was issued a credit card from Household bank which hails in Illinois.my last payment was in July of 2009.I now live in Alabama
The statute of limitations is a complicated subject in credit card cases because it may be Alabama law that applies or it may be the law of whatever state is mentioned in the credit card agreement. If it is Alabama law, the collection lawyers say 6 years and I say 3 years. The more important issue is Portfolio Recovery is a notorious debt buyer -- we sue them regularly in Alabama and just recently received a judgment against them. If they sue you they have to prove they own the debt --...
2 lawyers agreed with this answer
4
Attorney answers:
I took Trazazadone and developed prieaprism,this condition led to my requiring surgery which now left me impotent.a case here?
The basic rule for when we are looking at a case against doctors and/or manufacturers is whether they were negligent. Negligence (malpractice) means not using the proper level of care but deciding to do things that endanger you needlessly. Negligence can be because the product was inherently defective. It could be because you were not warned of the dangers. Drugs normally have a certain percentage of individuals that will have a bad reaction. This does not necessarily make the drug...
1 lawyer agreed with this answer
4
Attorney answers:
Car accident in Alabama
Right now you need to get more information. Here are some things you might want to find out: Was there a lawsuit against you? (Do you remember being served with a suit? Does collection agency claim you were sued?) Why is the insurance company/collection agency saying you owe money? (Best way to find out is to simply ask them.) When you get the answers to those questions, I think you'll better be able to understand which direction to go. I would also suggest you get with an...
1 lawyer agreed with this answer
2
Attorney answers:
Debt collecton agencies and FDCPA rules
Unfortunately the FDCPA does not apply to business debts even if they are bought by a debt buyer. But, Alabama state law does apply to even business debts and we often look to the FDCPA to get an understanding of what would be reasonable for a debt collector to do or not do. Under the FDCPA calling you "at all hours" is harassment. Calling too often can be harassment. Making threats can be harassment. If you tell them to cease communication with you then they should honor that....
2 people marked this answer as helpful
3
Attorney answers:
Is there a statute of limitation on government debt (DOD / DFAS)?
Couple of thoughts for you. The debt collector does not have to provide documentation unless it wants to continue to collect against you and even then the law is pretty weak on what the collector has to provide. What we often see, however, is that the collection agencies will violate the law when collecting debts. You can read more about this at the link below. As far as proof of the debt, I would ask them again to give you detailed information. They are not "required" to do so but...
1 person marked this answer as helpful
4
Attorney answers:
Do I need an attorney? Do I have a case?
The other answers are good -- I'll just add this one point. Every case, whether a car wreck, a truck wreck, medical malpractice, etc. comes down to: "Did the Defendant do something wrong and did that wrongful conduct harm you." So, you would want to know if by missing the diagnosis, did they cause you harm? If so, how did it harm you? Would you have had less surgery than if it was properly diagnosed? Better chance of recovery? Etc. As the others have advised you, if you want to...
1 person marked this answer as helpful