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Michael Stephen Agruss

Michael Agruss’s Answers

85 total


  • Payday loan refused payment

    My fiance has a payday loan they are trying to collect on They left the message on my phone. When I called them the loan was for 300 so I offered to pay that the person I talked to got snotty and said it was 375 than it went up to 700. We aske...

    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 the amount now owed is $700.00. If you continue to have problems with this company, file a complaint with the better Business Bureau.

    www.agrusslawfirm.com

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  • Received Summons for Capital One Credit Card, Requested Debt Validation, did not satisfiy, can I request motion for dismisal?

    As per the FDCPA, I requested debt validation and only received copies of statements, not contract, not one signature of mine, ect. This does not satisfy my validation that I am entitled to, can I now submit a request for dismisal?

    Michael’s Answer

    The FDCPA only applies to third-party debt collectors. The FDCPA does not apply to first-party creditors, like Capital One.

    If your situation dealt with a third-party debt collector, and you requested validation, if the collection agency plans on continuing to collect your debt after you request validation, the collection agency must provide you with debt validation. A debt collector must provide the consumer with certain basic information. If that information was not in the initial communication, all of the following information must be sent to the consumer in writing: The amount of the debt,
    1. The name of the creditor to whom the debt is owed,
    2. Notice that the consumer has thirty days to dispute the debt before it is assumed to be valid,
    3. Notice that upon such written dispute, the debt collector will send the consumer a verification of the debt or a copy of any judgment, and
    4. If the original creditor is different from the current creditor, notice that if the consumer makes a written request for the name and address of the original creditor within the thirty-day period, the debt collector will provide that information.

    www.agrusslawfirm.com

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  • District Restitution Services Calling regarding Payday Loan taken in 2005

    In 2005 my son took out a Payday Loan for $250.00. He was in an accident and intended on paying them back with settlement money. He ended up with less then $400. a month to live on and never paid back payday loan. Now 7 years later a man from D...

    Michael’s Answer

    It's possible DRS is a scam. Do not give them any of your personal information until you find out if DRS is legitimate. Most of the scams I've seen deal with people that have taken out payday loans in the past. Ask them to send you something in writing. If you have any other questions or concerns, please let me know. www.agrusslawfirm.com

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  • Collection Attorneys

    Citibank turned our debt that we owed over to a collection agency that is a lawyers office. We came to an agreement on a monthly payment amount. I have made payments for 18 mths for the agreed amount. I accidentally missed a payment and am abou...

    Michael’s Answer

    • Selected as best answer

    They may sue you, but it's cheaper, easier, and less time consuming if they keep you on the payment plan. Plus, if you've made timely payments for 18 months, the law firm is more likely to get you back on he payment plan than to sue you. I would call the law, confirm they received the payment, and let them know that you want to continue with the payment plan until you pay off the debt. Then, send them a confirmation letter.

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  • Are there any California lawyers out there who want a FDCPA/Rosenthal Act case?

    I have a potential case against a collector and would like for a lawyer to review. Please post if you would like to take a look at it. If I can't find one here, I will search NACA. Thanks for your help.

    Michael’s Answer

    Yes, I'm interested. I'm admitted in IL and CA. I have settled over 1,500 FDCPA cases. Therefore, I know how to quickly handle these cases.

    Thanks.

    Michael Agruss
    www.agrusslawfirm.com

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  • Is Imperial Collection Agency legitimate?

    These people have been calling me. A man has called my place of employment and left me messages saying he is going to serve me papers for fraud. I called the number they left and told them I would be calling back to make a payment but no one answers.

    Michael’s Answer

    Is this the Imperial you are talking about? http://www.imperialrecovery.com/ If so, they are a repossession company. Have you received any letters from Imperial?

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  • How long does a debt buyer have to verify a debt? Midland Credit Mgt. Received my wifes request for verification in Feb,

    They signed return receipt on Feb. 24th 2012. No word since.

    Michael’s Answer

    Your question deals with section 1692g of the Fair Debt Collection Practices Act. One important section of the FDCPA is section 1692g, which deals with validating debts. Section 1692g states, “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall…send the consumer a written notice containing” the following information: (1) the amount of the debt, (2) the name of the creditor to whom the debt is owed, (3) a statement that the consumer has 30 days to dispute the debt, otherwise the debt will be assumed to be valid, (4) a statement about what the collector will produce if the consumer disputes the debt within 30 days, and (5) a statement that the debt collector will provide the consumer with the name and address of the original creditor, if it is different than the current creditor. In other words, the 1692g Notice Letter contains important information about the debt and about the consumer’s rights. Therefore, consumers should read this letter carefully.

    If a consumer receives a 1692g Notice Letter from a debt collector, the consumer has 30 days to dispute the debt and to obtain additional information the debt from the collector. Therefore, consumers should always respond to 1692g Notice Letters in order to obtain complete and accurate information about the underlying debt. Furthermore, it is crucial to dispute the debt within the 30-day window, too, if the consumer does not owe the debt. Once a consumer requests validation of the debt or disputes the debt, the debtor collector must stop all collection activities until the debtor collector provides verification of the debt to the consumer. Therefore, the consumer will have some momentary relief from the telephone calls and the letters while the collector gathers and provides verification of the debt. More importantly, however, the debt collector will be forced the validate the debt before continuing with collection efforts.

    Here, as long as Midland Credit Management is not still attempting to the collect the debt (calling you or sending you letters), then Midland Credit Management does not have to validate the debt. If you owe the debt, I suggest trying to work out a payment plan with Midland. Midland has a network of lawyers throughout the country and may be getting ready to hire a law firm to file a lawsuit against your wife.

    Does your wife owe the debt?

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  • Is it illegal for an original creditor to use spoofing technology (Fake names on caller IDs) to contact an alleged debtor?

    I've heard it's a violation of the Fair Debt Collection Practices Act for a debt collector to use spoofing technology to contact an alleged debtor (resulting in a fake name on the caller ID), but what about an original creditor? FDCPA law doesn't...

    Michael’s Answer

    You are correct that the FDCPA does not apply to origincal creditors. I would be suspicious of a company that is using spoofing technology, as it's likley a scam. What name and/or number shows up on your caller ID? Do you have any outstanding debts? Have you taken our a payday loan in the past?

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  • A debt collector is trying to collect an 4 year old bill which I do not believe I owe.

    The bill is approximately 4 years old and was disputed because the hospital was to accept whatever the insurance paid for a mammogram. I have asked for confirmation of what the bill is for and they cannot tell me. I have explained several times th...

    Michael’s Answer

    If you do now owe the debt, send a letter, certified mail return receipt, to the collection agency disputing it. Include proof of payment and a detailed explanation why you do not owe the debt.

    One important section of the FDCPA is section 1692g, which deals with validating debts. Section 1692g states, “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall…send the consumer a written notice containing” the following information: (1) the amount of the debt, (2) the name of the creditor to whom the debt is owed, (3) a statement that the consumer has 30 days to dispute the debt, otherwise the debt will be assumed to be valid, (4) a statement about what the collector will produce if the consumer disputes the debt within 30 days, and (5) a statement that the debt collector will provide the consumer with the name and address of the original creditor, if it is different than the current creditor. In other words, the 1692g Notice Letter contains important information about the debt and about the consumer’s rights. Therefore, consumers should read this letter carefully.

    If a consumer receives a 1692g Notice Letter from a debt collector, the consumer has 30 days to dispute the debt and to obtain additional information the debt from the collector. Therefore, consumers should always respond to 1692g Notice Letters in order to obtain complete and accurate information about the underlying debt. Furthermore, it is crucial to dispute the debt within the 30-day window, too, if the consumer does not owe the debt. Once a consumer requests validation of the debt or disputes the debt, the debtor collector must stop all collection activities until the debtor collector provides verification of the debt to the consumer. Therefore, the consumer will have some momentary relief from the telephone calls and the letters while the collector gathers and provides verification of the debt. More importantly, however, the debt collector will be forced the validate the debt before continuing with collection efforts.

    Please let me know if you have any additional questions.

    www.agrusslawfirm.com

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  • How do I go about paying back a parent plus loan once its in collections and cant afford pymt plan they are offering?

    collection agency said to borrow money from someone or they will garnish my pay. help?

    Michael’s Answer

    You’re in a tough spot. If the Parent Plus Loan is a federal loan, then the collection agency may garnish your wages without filing a lawsuit and getting a judgment. Generally speaking, if you do not pay a debt, a creditor or its debt collector generally may sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt. Wage garnishment happens when your employer withholds part of your pay check to pay your debts. Your wages usually can be garnished only as the result of a court order.

    However, with federal loans, garnishment occurs without much due process. The collection agency simply faxes a garnishment letter to your employer and your wages will be garnished. Therefore, I suggest you work out a payment plan, and stick to it, to avoid garnishment.

    Please let me know if you have any other questions.

    www.agrusslawfirm.com

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