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Nathan E. DeLadurantey

Nathan DeLadurantey’s Answers

117 total


  • Do any states require debt purchaser to be a licensed collection agency to actively collect on a debt?

    By actively collect, I mean collecting myself via phone calls and letters. Also I will be based out of WI.

    Nathan’s Answer

    Yes, you would need to register. You need to hire a lawyer to help you comply with all of the proper regulations. Otherwise, you could get into a host of trouble with the State, or get sued by a consumer.

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  • What is the legal punishment if a dealership run your wife's credit without permission?

    I purchased a new truck in May of this year and the loan is only in my name. We checked on refinancing our home a couple of months ago and found out that the dealership had run my wife's credit without her permission. He credit being hit lowered ...

    Nathan’s Answer

    If she did not give them permission, then she would have a case for what's called an "impermissible pull" under the Fair Credit Reporting Act. Find a consumer protection lawyer to talk with; any good one should review and handle your case on a contingency (free to you!) basis.

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  • Can I get my money back from Berges Law Group?

    I signed a contract with Berges Law Group, Consumer Protection Counsel, Debt Be Gone LLC for them to ultimately work towards to the dismissal of my private student loans. I have been misled many times. They told me my credit wouldn't be negative...

    Nathan’s Answer

    • Selected as best answer

    I'm sorry to hear that you have had difficulties with these companies. I recently sued this very same list of companies for violating my client's federal legal rights. Hopefully they listen to your complaints and give your money back.

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  • How do I stop collection calls for a debt that was paid as agreed?

    These calls are from the original company, not a third party. I receive 8-10 calls per day demanding payment. Their system shows that the payment was received as agreed. There were originally two accounts that were being refinanced into this new...

    Nathan’s Answer

    I agree with these answers. You might also have a case under the Telephone Consumer Protection Act (TCPA) which regulates how people can call cell phones. While I don't know the details of your situation, the recover of anywhere from $500-1,500 per phone call makes it worth looking at.

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  • Can I take a collection agency to court to make them prove the actual date of first delinquency for a debt?

    In any event, if a collection agency re-aged a debt and changed the date of first delinquency on an outdated debt (debt which has past the SOL and 7 year credit reporting period) and they won't provide me with an actual date of first delinquency, ...

    Nathan’s Answer

    If I understand your question correctly, it's not about the collection statute of limitations, but about the date of first delinquency as it relates to an item appearing on your credit report.

    Re-aging of debts is a common problem with collection agencies, and there is plenty of case law on that topic. Fortunately for you, the Fair Credit Reporting Act provides for recourse against the collection agency. Find a consumer protection attorney and get some help. They should be able to assist you on a contingency (no cost to you) basis.

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  • What should I do if a collection agency is coming after me for a debt that they cannot verify with the original creditor?

    I have a debt collection agency that has been contacting me about a debt that they say I owed to the original creditor which is a clinic called Aurora Advanced Healthcare. I have never went to this clinic, yet they have my name and address tied to...

    Nathan’s Answer

    Interesting fact scenario. I've see some many odd scenarios where a consumer is getting harassed for a debt that doesn't belong to them, that it's hard to guess what actually caused this problem. However, you do have rights under the Fair Debt Collection Practices Act and the Wisconsin Consumer Act to protect you. Sounds like it's time to locate a consumer protection attorney to look at your options. They should be able to help you on a contingency (free to you) basis.

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  • Can a company send your account into collections or sue you without giving a final notice first

    I have an ambulance bill that has not been paid.

    Nathan’s Answer

    I agree with the prior answer. However, once it goes to collections you have various rights under the Fair Debt Collection Practices Act. Reach out to a consumer protection attorney; the good ones will talk to you for free and explain your rights.

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  • What to do if collector tries to collect on debt that's past SOL and is no longer allowed to be reported to the credit bureaus?

    If a collector contacts me on an old debt that has expired from the credit bureaus and is past the SOL period, what should I do? I have been told that it is always important to know the date of first delinquency in case a collector tries to collec...

    Nathan’s Answer

    If the debt is indeed past the statute of limitations (or the collector tries to "re-age" the debt and get it back on your report, you can sue them for a violation of the FDCPA and FCRA. I agree with Dorothy; any good consumer protection attorney will handle it on a contingency (no cost to you) basis. Go find one of them to help you sort through the data and protect your legal rights.

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  • Paid for credit repair and communication and activity has ceased. Is a lawyer my best option?

    I paid an Arizona based company $1,500 to repair some blemishes on my credit. He had done work for several friends of mine with amazing results. We met in person a couple times and had seen proof of his work. But now after 5 months and no results ...

    Nathan’s Answer

    I agree that as a general rule, credit repair is a scam. However, you're not without recourse. It sounds like the person/company would qualify as a "credit repair organization" and be subject to the Credit Repair Organizations Act (called "CROA" in the industry). I've sued companies in federal court for violations of CROA, and any competent consumer protection attorney should be able to help you. CROA also contains fee-shifting provisions so you should be able to find someone to represent you on a contingency (meaning no cost to you) basis.

    Good luck with your case and I hope you get your money back!

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  • What to do if a derogatory mark on my credit report is not mine?

    There are two marks on my credit for an alleged "AT&T account $279". One from enhanced recovery and the other from AFNI, both are the same amount and both around the same time. But I never had anything with AT&T! Only a prepaid go phone which in n...

    Nathan’s Answer

    I'm going to agree with the prior answers, but give you an additional thought. Since both AFNI and Enhanced Recovery are "debt collectors" as defined by the FDCPA, they're subject to a stricter standard when it comes to information on your credit report. If the information they have on your report is not yours, then they have liability exposure on the FDCPA. There's no need to file a "dispute" with the credit reporting agencies before filing suit. Sometimes I have my clients file a dispute before bringing suit; sometimes we file suit right away. Find a good consumer protection attorney and review your options.

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