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Michael Stephen Agruss

Michael Agruss’s Answers

85 total


  • Can an original creditor (not a 3rd party debt collector) still be sued for harrassment?

    It is to my understanding original creditors are exempt from the FDCPA. However, if an original creditor, and I am referring to GE Money Bank in this case, constantly calls and blocks their caller ID (it comes up as unknown) on my caller ID, is th...

    Michael’s Answer

    You are correct. The FDCPA does not apply to original creditors, like GE Money Bank. However, some states, such as California, give consumers additional protections under a state law that allows consumers to sue original creditors for collection harassment. You should speak with an attorney in PA to see if PA has a state law similar to California’s Rosenthal Act.

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  • Am past due on a personal loan, they are calling and coming to my job, is that legal?

    past due bout 2 to 3 pyments, $200 to $300

    Michael’s Answer

    Who do you owe the money to? Is it on your credit report?

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  • Yes in 2007 i got a paday loan and made payments and then lost my job and filed bankruptcy,never heard any more about the matter

    how ever 3 months ago i got a call from a clollection agency saying i owed the money and wanted to meet me and serve me papers.i made an appointment to meet with them and they never showed up.today my mother gets a call saying they are going to ar...

    Michael’s Answer

    Be careful when dealing with payday loans. Often times, scam companies are associated with payday loans. Therefore, make sure you are actually dealing with the payday loan company when trying to settle the debt. Ask the company to send you something in writing explaining how much money you owe. Payday loan companies saying that are "affidavit processors or working for a law firm" is likely not legitimate. If you continue to have problems with this company, file a complaint with the better Business Bureau, and with the Federal Trade Commission. www.agrusslawfirm.com

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  • How do we get our credit report updated?

    Our mortgage company has "foreclosure" and has not reported our payments for 24 months to the credit bureau. We have tried dealing with them, but they just send us from person to person and no one will help.

    Michael’s Answer

    You should dipute your credit report. The information in your credit report is used to evaluate your application for credit, insurance, employment, and renting a home. Your credit report contains information about where you live, how you pay your bills, whether you’ve been sued or arrested, and whether you’ve filed for bankruptcy. Therefore, you should be sure the information is accurate and up to date. Additionally, monitoring your credit is one of the best ways to spot identity theft. Be aware that there there is a process to dispute credit report if you think you need to.

    It is crucial that you check your credit report at least once a year to correct errors and to detect unauthorized activity. Once again, the information in your credit report affects whether or not you get a loan, and your interest rate when you do get a loan. The information also affects insurance, renting a home, and even getting a job. Therefore, you want to make sure the information in your credit report is accurate, complete, and up-to-date before you apply for a loan or a credit card, before you apply for a job, before you apply for insurance, and before you submit a rental application. Finally, monitoring your credit report will help guard against identity theft.

    To dispute credit report, you should:

    1.Get a free copy of your credit report http://agrusslawfirm.com/index.php/Free-Credit-Report

    2.Write a letter to all three of the nationwide consumer credit reporting companies—Equifax, Experian, and TransUnion. Tell the credit reporting companies what information is incorrect in your credit report. Include documents that support your position. State the facts and exactly why you dispute the information, and request that the inaccuracy be removed or corrected. It is also helpful to enclose a copy of your credit report with your dispute and circle the items that are incorrect. Your dispute letter should include your: (1) full legal name, (2) date of birth, (3) social security number, (4) current mailing address, and (5) a copy of your driver’s license.

    3.Mail your dispute letter and supporting documents certified mail return receipt to the three credit reporting agencies below.

    4.Write a letter to the original creditor (e.g. credit card company, hospital, utility company) or other information provider that you dispute an item in your credit report. Most providers specify an address for disputes. Provide the original creditor or other information provider the exact same information you provided above in number 2.

    5.Wait about 30 days from the date the credit reporting companies and original creditor receive your dispute letter. In other words, wait about 30 days from the date on the return receipt you receive back from the credit report company. After the credit reporting company investigates your dispute, the credit reporting company must give you the results of their investigation in writing.

    6.If the credit reporting agency does not correct the inaccurate information in your credit report, contact Agruss Law Firm, LLC, for further help.

    Experian
    P.O. Box 9556
    Allen, TX 75013

    Equifax
    P.O. Box 740241
    Atlanta, GA 30374-0241

    TransUnion
    Trans Union Consumer Relations
    P.O. Box 2000
    Chester, PA 19022-2000

    *Keep copies of your letter and supporting documents to all three credit reporting agencies, and to the original creditor or other information provider.

    See question 
  • What can i do to stop harassing payday loan creditor calls at work and at home ?

    I defaulted on an online payday loan in 2010 , i worked with a payday loan settlement company who was unable to reach a settlement with 2 companys . i have settled with 1 company but the other is calling me at work claiming to be affidavidt proces...

    Michael’s Answer

    Be careful when dealing with payday loans. Often times, scam companies are associated with payday loans. Therefore, make sure you are actually dealing with the payday loan company when trying to settle the debt. Ask the company to send you something in writing explaining how much money you owe. Payday loan companies saying that are "affidavit processors or working for a law firm" is likely not legitimate. If you continue to have problems with this company, file a complaint with the better Business Bureau, and with the Federal Trade Commission.

    www.agrusslawfirm.com

    See question 
  • Does FDCPA apply to judgment recovery agency?

    This was for a consumer debt they keep calling me can I send them a cease and desist letter?

    Michael’s Answer

    Yes, the FDCPA covers consumer judgments. Under the FDCPA, the term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction primarily for personal, family, or household purposes. A judgment is also considered debt under the FDCPA. Therefore, the collection agency will have to abide by your cease and desist letter. However, keep in mind that the collection agency may pursue other avenues of collecting the judgment if they cannot communicate with you as a result of your cease and desist. If you owe the judgment, you may want to work out a settlement with the collection agency.

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  • What can I do to correct this error? Also do I have the right to seek money damages? How can we determine why this is my record?

    I found out when an apt. was doing a background check that I am falsely listed as having been arrested twice & convicted of an unknown charge. I have never had any sort of legal trouble. I believe this is the reason I have not been hired in a medi...

    Michael’s Answer

    You need to dispute the information in your credit report.

    The information in your credit report is used to evaluate your application for credit, insurance, employment, and renting a home. Your credit report contains information about where you live, how you pay your bills, whether you’ve been sued or arrested, and whether you’ve filed for bankruptcy. Therefore, you should be sure the information is accurate and up to date. Additionally, monitoring your credit is one of the best ways to spot identity theft. Be aware that there there is a process to dispute credit report if you think you need to.

    It is crucial that you check your credit report at least once a year to correct errors and to detect unauthorized activity. Once again, the information in your credit report affects whether or not you get a loan, and your interest rate when you do get a loan. The information also affects insurance, renting a home, and even getting a job. Therefore, you want to make sure the information in your credit report is accurate, complete, and up-to-date before you apply for a loan or a credit card, before you apply for a job, before you apply for insurance, and before you submit a rental application. Finally, monitoring your credit report will help guard against identity theft.

    To dispute credit report, you should:
    1.Get a free copy of your credit report http://agrusslawfirm.com/index.php/Free-Credit-Report

    2.Write a letter to all three of the nationwide consumer credit reporting companies—Equifax, Experian, and TransUnion. Tell the credit reporting companies what information is incorrect in your credit report. Include documents that support your position. State the facts and exactly why you dispute the information, and request that the inaccuracy be removed or corrected. It is also helpful to enclose a copy of your credit report with your dispute and circle the items that are incorrect. Your dispute letter should include your: (1) full legal name, (2) date of birth, (3) social security number, (4) current mailing address, and (5) a copy of your driver’s license.

    3.Mail your dispute letter and supporting documents certified mail return receipt to the three credit reporting agencies below.

    4.Write a letter to the original creditor (e.g. credit card company, hospital, utility company) or other information provider that you dispute an item in your credit report. Most providers specify an address for disputes. Provide the original creditor or other information provider the exact same information you provided above in number 2.

    5.Wait about 30 days from the date the credit reporting companies and original creditor receive your dispute letter. In other words, wait about 30 days from the date on the return receipt you receive back from the credit report company. After the credit reporting company investigates your dispute, the credit reporting company must give you the results of their investigation in writing.

    6.If the credit reporting agency does not correct the inaccurate information in your credit report, contact Agruss Law Firm, LLC, for further help.

    Experian
    P.O. Box 9556
    Allen, TX 75013

    Equifax
    P.O. Box 740241
    Atlanta, GA 30374-0241

    TransUnion
    Trans Union Consumer Relations
    P.O. Box 2000
    Chester, PA 19022-2000

    *Keep copies of your letter and supporting documents to all three credit reporting agencies, and to the original creditor or other information provider.

    See question 
  • Trying to buy a house but the ONLY negative mark on my credit is a default judgement of $2500.

    I have a judgement in my credit report from 2006 due to my first car. I was never served a summons as they claim. I know this becasue I was not living in California. "Gutter Service." I filed a "motion to vacate default judgement" due to "gutter s...

    Michael’s Answer

    I agree with the other attorney, Frank. Do you owe the debt? If so, negotiate a payment, and then request a satisfaction of judgment you it's paid off. Then, send the satisfaction of judgment to the credit report agencies and ask for your credit report to be updated.

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  • My payday loan is in default and it has been turned over to collections, I have spoke to the agency but I'm still getting

    Threatening phone calls at work over and over. I have asked the agency to stop calling me at work and my superviser has spoken to them and asked them to stop but it is still going on. When I talked to them they said the ones calling were hired by ...

    Michael’s Answer

    • Selected as best answer

    This is likely a scam. You should ignore the calls and ask your phone company to block the number. Do not give any of your personal information to the collector. Most of the scams I've seen deal with people that have taken out payday loans in the past. You should file a complaint with the Federal Trade Commission, too, at www.ftc.gov. Ask your supervisor to be patient with you, as you have no control over a collection agency that is likely a scam.

    www.agrusslawfirm.com

    See question 
  • ATT sent a bill to collection that I did not owe.

    Collections started calling my house saying I owe a $76.00 bill. I called ATT they said I did not owe them. After they called collection and told them they made a mistake my credit went from very good to bad. What should I do?

    Michael’s Answer

    You should dispute the debt. The information in your credit report is used to evaluate your application for credit, insurance, employment, and renting a home. Your credit report contains information about where you live, how you pay your bills, whether you’ve been sued or arrested, and whether you’ve filed for bankruptcy. Therefore, you should be sure the information is accurate and up to date. Additionally, monitoring your credit is one of the best ways to spot identity theft. Be aware that there there is a process to dispute credit report if you think you need to.

    It is crucial that you check your credit report at least once a year to correct errors and to detect unauthorized activity. Once again, the information in your credit report affects whether or not you get a loan, and your interest rate when you do get a loan. The information also affects insurance, renting a home, and even getting a job. Therefore, you want to make sure the information in your credit report is accurate, complete, and up-to-date before you apply for a loan or a credit card, before you apply for a job, before you apply for insurance, and before you submit a rental application. Finally, monitoring your credit report will help guard against identity theft.

    To dispute credit report, you should:

    1.Get a free copy of your credit report http://agrusslawfirm.com/index.php/Free-Credit-Report

    2.Write a letter to all three of the nationwide consumer credit reporting companies—Equifax, Experian, and TransUnion. Tell the credit reporting companies what information is incorrect in your credit report. Include documents that support your position. State the facts and exactly why you dispute the information, and request that the inaccuracy be removed or corrected. It is also helpful to enclose a copy of your credit report with your dispute and circle the items that are incorrect. Your dispute letter should include your: (1) full legal name, (2) date of birth, (3) social security number, (4) current mailing address, and (5) a copy of your driver’s license.

    3.Mail your dispute letter and supporting documents certified mail return receipt to the three credit reporting agencies below.

    4.Write a letter to the original creditor (e.g. credit card company, hospital, utility company) or other information provider that you dispute an item in your credit report. Most providers specify an address for disputes. Provide the original creditor or other information provider the exact same information you provided above in number 2.

    5.Wait about 30 days from the date the credit reporting companies and original creditor receive your dispute letter. In other words, wait about 30 days from the date on the return receipt you receive back from the credit report company. After the credit reporting company investigates your dispute, the credit reporting company must give you the results of their investigation in writing.

    6.If the credit reporting agency does not correct the inaccurate information in your credit report, contact Agruss Law Firm, LLC, for further help.

    Experian
    P.O. Box 9556
    Allen, TX 75013

    Equifax
    P.O. Box 740241
    Atlanta, GA 30374-0241

    TransUnion
    Trans Union Consumer Relations
    P.O. Box 2000
    Chester, PA 19022-2000

    *Keep copies of your letter and supporting documents to all three credit reporting agencies, and to the original creditor or other information provider.

    See question