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Samuel John Glover

Samuel Glover’s Answers

11 total


  • WA state debtor creditor law, debtor's right to dispute debt, creditor failing to respond

    I have received a disputed a claimed debt amount that had gone to collections. While I'm sure I owe something, I do not believe I owe the total that was presented. I wrote a certified letter that clearly disputed the debt and requested a detaile...

    Samuel’s Answer

    Under the FDCPA, assuming this is a consumer debt, they cannot continue collecting until they respond with some evidence showing you owe the debt.

    There is no time limit, and if they do not respond, it does not change whether you actually owe the debt.

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  • Debt collection laws in FL, credit card company suing for debt owed

    florida suncoast credit union, locked my checking account because i was two payments behind in my credit card payments to them.They only released it after i paid them.i needed the money for medical problems with my kids, and to make the mortgae pa...

    Samuel’s Answer

    Nothing obligates a creditor to make a payment arrangement. But nothing is stopping you from making payments anyway, which they have to credit to your account.

    Now that you are being sued, you need to find an attorney in your state. The lawyer database at the National Association of Consumer Advocates is probably the best place to start looking.

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  • FL debt collection procedures, being sued for credit card payment

    debt collection laws in FL, credit card company suing for debt owed New Port Richey (FL). Viewed 10 times. Posted 3 days ago in Debt Collection. Flag this as objectionable sued for credit card debt: florida suncoast credit union, locked my chec...

    Samuel’s Answer

    Nothing obligates a creditor to make a payment arrangement. But nothing is stopping you from making payments anyway, which they have to credit to your account.

    Now that you are being sued, you need to find an attorney in your state. The lawyer database at the National Association of Consumer Advocates is probably the best place to start looking.

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  • Ex wife responsible for debt in divorce decree, but I'm being contacted to pay debt.

    I am getting notices from collection agencies about a car that was repossessed. While I was married my ex wife and I purchased the car. We divorced and in the decree it clearly states she is solely responsible for payments due or which may becom...

    Samuel’s Answer

    Unfortunately, the creditor is not bound by the divorce decree. In other words, you still owe the debt, even though your ex-wife has promised to pay you for it. So they can continue collecting.

    You mention that it has been "many years." Depending on how many, the debt may be outside the statute of limitations, though. They can still try to collect, but they cannot sue or make threats of suing you, if that is the case. You should talk to a consumer lawyer to find out.

    In the meantime, make sure you take careful notes of all communications from debt collectors, record phone calls, if you can, and contact a consumer lawyer in your state. And check the links below for more information.

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  • Creditor's rights to seek legal action over old credit card debt, credit card agreements and debt collection

    can I get sued over bad debt in a state that I don't live in?

    Samuel’s Answer

    As youmight imagine, it depends.

    For a credit card debt, assuming you are a consumer and the debt is a consumer debt, the FDCPA requires the debt collector to sue you in the jurisdiction where (1) you signed the contract, or (2) you reside.

    If you think they are suing in the wrong place, seek out advice from a consumer rights lawyer in your state, who can help you understand your options.

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  • Consumer law

    I was being sued for an old debt from a attorney's office. I filed my answer with the court, now the attorney's office wants to dismiss the case. They sent me stipulation to dimiss, but I don't trust the wording of it. Should the letter state tha...

    Samuel’s Answer

    Definitely seek the advice of an attorney in Arizona. The NACA lawyer database is a great place to find a consumer lawyer who can help you.

    A dismissal with prejudice means you cannot be sued again on that debt and probably have the right to remove related information from your credit report.

    A dismissal without prejudice means you can be sued again and you have no right to remove related information from your credit report. Although chances are often good they will not try again if you accept a dismissal without prejudice, there are no guarantees.

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  • FDCPA

    If someone is collecting for items that were not per any contract, are they violating the Fair Debt Collection Act? Is it true the Attorneys are also personally reposnsible for their acts? I thought attorneys are responsible to investigate matter...

    Samuel’s Answer

    I am not sure what you are asking, either, but if you want to know the answer, you should contact a consumer lawyer in your state. The NACA lawyer database is an excellent place to start. As a NACA member, I know there are excellent consumer lawyers in Chicago, so you are in luck.

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  • Credit Cards

    Let's say you make a settlement deal with credit card bank X. You make the agreed upon payment, and they twice send you confirmation letters of the agreement which also states you don't have to pay the remaining balance as long as no further char...

    Samuel’s Answer

    I don't think I can add anything to Jay's excellent response, except a link to the NACA lawyer database, where you can find a consumer lawyer in your area to help you understand your options. Ron Wilcox is a NACA lawyer in San Jose, but you might be able to find someone closer.

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  • Arbitration for credit card, SOL has passed.

    I just received a letter from a creditor threatening to take me to arbitration if i dont pay. It passed SOL here in CA its 4yrs. What is my next step? Do i send them a letter stating this and if so can someone help me? Oh by the way my last payme...

    Samuel’s Answer

    I agree with most of what Jon Stein posted. Validation can help you figure out if you really owe this debt.

    But what you really need to know is whether you have actually passed the statute of limitations. The best way to find out is to contact a consumer lawyer. The NACA lawyer database is a great place to start, but you might want to call Ron Wilcox in San Jose. He has a lot of experience working with consumers on debt collection issues in California, and should be able to help.

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  • Debt colletion

    Under Arizona Law what are the rights of a debtor under the fair debt collection laws? I want to make payment arrangements with a debt collector but do not how to go about doing this without being put through the ringer

    Samuel’s Answer

    The Fair Debt Collection Practices Act is a federal law, not an Arizona law. Arizona may have state laws that apply, and I cannot speak to those.

    As far as I know, there is no law that forces a debt collector to accept a payment arrangement, although they have to give you credit for any payments you do make.

    If you do get a collector to agree to a payment arrangement, make sure they promise to stop collecting as long as you are making payments, including a promise not to sue.

    Before you do so, however, you should request validation of the debt. Often, debt collectors have only a name, phone number, and a few other bits of information. You should make sure a debt is yours before you pay it.

    Lastly, you should contact a consumer lawyer in your state. The NACA lawyer database is a great place to find one who will be able to help you understand your options.

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