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Gary D. Nitzkin

Gary Nitzkin’s Answers

21 total

  • My ex obtained and used my information to put credit cards in my name without my knowledge or permission. What can I do?

    This occurred in 2012. Have I waited too long to seek justice? Is this identity theft that I can file a report on? Or is this a small claims type case? Should I hire a lawyer and take her to court that way? I have been put in $3500 of debt because...

    Gary’s Answer

    Most identity theft occurs with family members. When it happens, here is what you need to do:

    1. File a police report. Without a police report, you can do very little to fix the problem;
    2. Call the banks and credit card companies and close the accounts immediately;
    3. Send a fraud alert to any one of the credit reporting agencies. Notifying one requires it to notify the others.
    4. Pull your credit reports from all three credit reporting agencies. Look for new/bogus trade lines that dont belong to you. Dispute them with each credit reporting agency. Look for new address and other identifying information that does not belong to you and dispute that. Look at the bottom of each credit report to see if the ID thief applied for credit in your name at those places. You then need to send a letter to each such company that pulled your credit report and find out why it did. Each pull of your credit report lowers your score. You have to get those credit pulls removed from your credit report.

    Any questions, call us at Michigan Consumer Credit Lawyers 888-293-2882

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  • How much information can a debt collector share with my spouce if he's not on the account?

    How much information can the debt collector give my spouce in regards to my account if my spouce is not on it?

    Gary’s Answer

    Under the Federal Fair Debt Collection Practices Act ("FDCPA"), a third party debt collector who is collecting on a debt that was incurred for personal, family or household use, may not communicate with anyone other than the debtor about the debt except for the debtor's lawyer, spouse or anyone else that is expressly authorized by the debtor to receive such communication. The short answer is yes, the debt collector can speak with your spouse about the debt.

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  • Can a Bank bring a Bank Account Levy on Military Retirement Pay accounts?

    Due to vehicle re-possession.

    Gary’s Answer

    Absolutely NOT. Pension and retirement accounts that are governed by ERISA are protected from state actions such as garnishments. Federal law prohibits such garnishments. Rest easy as your Military Retirement account is protected.

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  • Should i keep paying debt collectors if they are not sending me anything on paper?

    an agency contacted me about an old debt. i asked for validation and they did not give it. they were very intimidating and very rude so i wanted to just get it over with. i made half of what was said to be owed but never received a bill or confirm...

    Gary’s Answer

    Under the federal Fair Debt Collection Practices Act, they MUST send you a validation notice in which they identify the debt and your right to dispute it within a 30 days period. Furthermore, they cannot harass you in connection with the collection of that debt. Not only would I not make any payments to them, I would sue them under the FDCPA as they now owe you money.

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  • Can the cosigner of my student loan sue me when the loan hasn't been paid?

    I took out a student loan about 4 years ago and needed a cosigner. About two years ago I fell behind on payments. The cosigner made two payments to avoid having a blemish on his credit report. Then about a year ago he sued me for the full amount o...

    Gary’s Answer

    • Selected as best answer

    This is quite a legal conundrum. If I were you, I would file a motion to set aside the judgment as soon as possible. In that motion, I would advise the court that even after paying this judgment, you would be exposed to the debt from the student loan people. I would then ask the court to issue a summons to make the student loan people a party to the litigation. I would not waste any time, if I were you, getting this motion filed.

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  • Unemployment in Michigan garnishments

    i recently voluntarially surrendered my vechicle. They sold it at auction. They went to court and got a judgement for the balance owing. My Question, can they garnish my unemployment benefits? That and Social Security are all the income I have.

    Gary’s Answer

    Not your social security, they cannot garnish. Social Security is protected by federal law. I dont know whether your unemployment benefits are garnishable, but somehow, I doubt that they are.

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  • How long can a debt collector pursue a debt?

    I have a few debts that were charged off and debt collectors bought them. They send letters asking for payment but i have always ignored them. 10 years have passed and the debts are long gone from my credit report, but everytime i get new credit l...

    Gary’s Answer

    Forget the Fair Debt Collection Practices Act. That does not answer your question. The real question is how long is the statute of limitations on the debt for which collection agencies are pursuing you. Each state has a different statute of limitations For example, in MIchigan, we have a 6 year statute of limitations on a breach of contract claim and a 3 year S/L for a bad check. I dont know the S/L for these claims in Illinois, but it should be easy enough for you to find out.

    If you make a payment on these bad debts, you will restart the Statute of Limitations so my best advise to you is to not pay anything towards them.

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  • I received a summons from the Circuit Court for collection of a credit card debt. , SS.

    We do owe it, but are unable to pay we barely can afford what we have to do to survive, What do we need to do. We do own a home with a mortgage more than what the house is worth which is up to date on payments. There is another house which we...

    Gary’s Answer

    Check out Greenpath Financial. Its a large non profit organization that helps people work out debts with credit card companies. It ends up being a good deal for both the consumer and the credit card company because the creditor gets money that it might otherwise not get.

    In the mean time, go get an attorney. I know you say that you cannot afford one, but I am here to tell you that can not afford to default on this lawsuit. In fact, I would hire a bankruptcy attorney to handle this matter so that the credit card company is more likely to negotiate with an attorney who specializes in this area. Undoubtedly, you can find one who will accept payments from you. Do NOT default on this lawsuit. You will not get a notice of any court hearing if you do not answer.

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  • I had a garnishment placed against me at work and now the same creditor has placed a levy against a bank acct. Can they do both

    If they are already garnishing me at the state limit of 25% of my disposable income, isn't it going against that law to also levy your bank account that your paycheck goes into after they've already taken the limit there?

    Gary’s Answer

    Yes, the creditor can do both...and more. In fact, I am surprised that the lender has not garnished your state income tax return or sent a court officer to seize your assets such as your car. You best bet is to contact the creditor's attorney and make a deal to pay off the debt in installments. Alternatively, you can go to court and ask the judge to allow you to pay the debt in installment payments.

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  • Good Day, Could you please tell me the statute of limitations regarding pay back of a loan.

    In a nutshell, my husband and his Dad had a business that was sold back in 1998 (all the contents and everything) it was handled by an attorney and everything was taken care of...apparently there is a 29K outstanding loan being sought after as of ...

    Gary’s Answer

    The real question is when did the underlying debt that triggered the bank's actions, go into default. Usually loan agreements with banks contain provisions that allow the banks a right to offset their losses with amounts in the consumer's bank accounts. In this case, it appears to me that given your long and good history with the bank, you really should not have a problem working out an amicable resolution with the bank. I would suggest that you hire a lawyer to call the bank and handle the negotiations for your husband and his dad.

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