Nicholas Peter Slade's Answers

What charges can be brough against me if I did not pay back a payday loan when it was due?

By "charges" I am assuming you mean criminal charges, because the payday lender or some debt collector is threatening to have you arrested. It is a false threat. Failing to pay one's debt's is not a crime. If it were we would have debtor's prisons instead of bankruptcy court. If the actual payday lender is the one calling you and threatening to have you arrested, there is unfortunately little that can be done as the Fair Debt Collection Practices Act only applies to third-parties attempting...

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Can my bank account be seized by a lawyer on behalf of a creditor if the account is joint?

This issue is currently being heavily litigated and the question is going to be heard by the Minnesota Supreme Court. It is my belief that unless the debt is for both account holders, a joint account can not be garnished unless the creditor has prove that the funds in the account belong to the debtor. Under Minnesota's version of the Multi-party Accounts Act, funds in a joint account remain the funds of individual who deposited them absent evidence of a different intent. Because the non-...

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What recourse do I have against a dealer that sold me a vehicle unsafe to drive?

Due to the age and likely mileage of the vehicle you are probably out of luck as Minn. Stat. 325f.662 exempts cars sold for less than $3000 or with more than 75,000 miles from any warranty requirement, unless there were specific representations about the quality and condition of the vehicle, which could possibly be false advertising or a deceptive practice. However something else of concern is the fact that you bought this car from a dealer at his home rather than his lot. This is potentially a...

What are ohio's debt collection laws, debtor's rights

It is a violation of the Fair Debt Collections Practices Act to contact a third party for anything other than location information without your express permission. From your short description it sounds as though both you and your father have claims against the collector. You should contact a consumer rights attorney near you, who specializes in the FDCPA. Check www.naca.net to find one. It should cost you anything

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Collections agency settling $50K for $13K. can they come in later years and try to get other $37k or sale it to other CA 4 pymt

Make sure that you get a written release that indicates that you are settling the debt in full. Write on the checks memo line and on the back above the endorsement line that the check is "Tendered in full accord and satisfaction of Acct XXXX". Include in the letter in which you send the check a letter stating that the check is tendered in full accord and satisfaction of the debt and that accepting and cashing the check constitutes a full release of all past present or future claims under...

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I am on a fix income.Credit Card Companies will not neg.and they are taking me to court.Can they take my house from me?

No. Credit card are generally unsecured, meaning there is no property that can be seized and sold if you fail to pay back the loan. Generally, once the credit card companies sue you and if they win, the will have a judgment which like can then be turned into a lien against your house. But this would only allow them to collect the money at the time that you sell the house, it can't be used to force you to sell. You should talk with a good consumer rights attorney about your situation as each...

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What is the Amount of time a Collection agency can collect on a returned check

Generally the statute of limitations for a breach of contract in GA is 6 years. Which means only that the collector can't sue or threaten to sue you to collect the debt. It doesn't mean that they can't attempt to collect the debt, just that they can't use the courts. There may be some wrinkles to this based on the fact that this is a check. You should talk with at consumer rights attorney near you who handles FDCPA cases. Check www.naca.net to find one.

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Can I be Arrested for this?

This is an issue that has been in the news a lot lately and it depends on how your state, FL in your case, or the particular court, or judge handles these. Generally speaking if you fail to answer you are in contempt of court and can be arrested for that. However there can be a lot of steps in between. Judging by the fact that the document where supposedly sent to you in 2008 and you haven't been arrested yet, you aren't likely at this point in time to get arrested. That doesn't mean you won't,...

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Can a collector win a filed suit against me for a debt incurred to a company that extended credit to me without a signed appl.

A verbal agreement can be binding if they can show your consent in some way. Your making a payment is likely to be viewed as an acknowledgment that the account was valid and was yours. However that doesn't mean that they have the right to collect interest, late fees, attorney fees etc. (Actual court costs are generally different and likely depend on the courts own rules) Generally to have the right to collect an amount of money, the collector has to show they have the right to. In the case of...

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Can a company repossess my car because I have co-signed for another car which is 30 days late with the payments?

While repossession is a state law and dependent on the contract, generally unless you granted them a security interest in your car as well, they should not be able to repossess your car for the default on your sons loan. For the best answer I would recommend that you talk with a consumer rights attorney in your State. The easiest way to find one is through the National Association of Consumer Advocates at: http://members.naca.net/findanattorney/

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