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Daniel A. Edelman
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Daniel Edelman’s Answers

458 total


  • My car was repossessed I had personal items in the car and the owner will not let me get my thing back?

    My personal items were in the car such radio speakers CDs clothing and rims. Everything that was taken out of the car that was in it when I brought the car I have at home. I asked him can I give him everything back that I've taken out the car back...

    Daniel’s Answer

    You are entitled to all of your belongings back. The refusal to return them may violate federal and state law. Consult a consumer attorney. You should be able to find one without charge or minimal charge because it is often possible to recover fees from the defendant.

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  • Discover credit card

    Yes.I have old credit card debt from almost 20 years ago for discover the balance around 1500.00 at the time could not pay it.lost job had some family issues at the time.the card lapsed they closed it.and it was charged off.did not see it on my cr...

    Daniel’s Answer

    This debt would appear to be time-barred in every state. Do not pay or acknowledge the debt. If you have received a letter, it is required to disclose that the debt is time-barred. If it does not disclose this, consult a consumer attorney as to whether suit under the Fair Debt Collection Practices Act is feasible. In any event, send a letter back stating that you dispute the debt and refuse to pay it because it is time-barred.

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  • Collection proof debtor

    I am collection proof, and I do not expect my situation to change any time soon (no wealthy relatives or friends etc., cannot work due to family circumstances). We live on one very low income, and I have some debt (credit cards, around $7000) that...

    Daniel’s Answer

    Inform the creditors of your situation and see if they are willing to work anything out.

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  • Can I be arrested for defaulting on an online payday loan I took out 2 years ago that I forgot about?

    I took out an online payday loan about 2 years ago and I completely forgot about it. I am now 2 years later being emailed by a company called ACS INC stating that if I don't pay by end of business day today I will get an arrest warrant on Monday. ...

    Daniel’s Answer

    Threats of the nature you describe are indicative of scammers who have no legal right to collect any loan you may have. Report them to law enforcement (state Attorney General, Consumer Financial Protection Bureau). Do not pay. Do not provide information. You cannot be sent to jail even for not paying a legitimate debt that they have a right to collect. The threats violate the Fair Debt Collection Practices Act, although a civil suit against this sort of scammer is usually worthless.

    You do not indicate how you obtained the loan or from whom. If it is an Internet loan, check with the Attorney General or state financial institutions regulator whether it is enforceable. It may not be.

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  • Defend wage garnishment for debt that isn't mine?

    So a debt collection firm has been calling me for the past couple years. Thing is, I don't owe any debt and I told them they have the wrong person (I have common first/last name). Now I received a citation to discover assets and they are garnishin...

    Daniel’s Answer

    It is not clear if the "wrong person" error occurred at the time of the judgment or when the citation was issued. You need to consult a consumer attorney immediately., Either you need to (1) vacate the judgment or (2) quash the citation on the ground that it was served on someone other than the judgment debtor. It is not clear which.

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  • Statute of limitations on bank overdraft.

    Overdraft was from a bank in Oregon in 2007. I now live in Illinois. Does s.o.l. of 10 yrs. for IL. apply to me or 6 yrs. In OR.?

    Daniel’s Answer

    Application of the Illinois borrowing statute requires consideration of all places you lived between 2007 and the present. Also, do not assume that the applicable IL statute is 10 years and not 5 years; depends on what the account agreement provides and whether it is subject to change by notice without your signature.

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  • Can you go to jail for singing a car loan? if the car dealer did something worry?

    my mother-in-law singed a car loan and they never asked for pay subs. They just look up her credit score. She is doesn't understand how they can do that. please help me make A piece of mind for my mother-in-law

    Daniel’s Answer

    Car dealers have been known to fabricate information on credit applications. If the consumer had no involvement the consumer is not responsible. If the consumer was involved, consult an attorney immediately: do not discuss on a public forum. If you suspect the car dealer did something but are not sure, ask the bank or financial institution for a copy of what was submitted and inform them in writing if it is not accurate and the consumer was not involved.

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  • Can a bank refuse to open an account for a business based on the nature of their business?

    I have a small business; it's state-chartered and in good standing. When I attempted to open a business checking account I was denied solely because I would not be more specific about the nature of my business. When asked what type of business, I ...

    Daniel’s Answer

    Banks are required to "know their customer" and exercise due diligence to make sure they are not being used for illegal purposes. The inquiry is not only proper but required. A bank is not obligated to do business with anyone, as long as it does not discriminate based on race, gender, etc. Refusing to provide information about what your entity does is a proper reason.

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  • Check Deposit Fraud. Do I Have To Pay The Bank?

    I Fell Victim To A Check Deposit Fraud. I Had Post My Resume On Careers.com And Received A Response From An Employer Offering Me Commission To Deposit Checks Into My Checking Account, Withdraw The Funds And Send The After Commission Balance Via We...

    Daniel’s Answer

    Yes. The person endorsing and depositing a check warrants to the bank that it is good. The bank does not warrant to the depositor that it is good. Arrangements in which you deposit a check and send part of the proceeds to another are scams.

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  • Im getting emails about a payday loan I dont think I owe

    I have been getting emails about a payday loan from 2013 that I do not think I owe. They are threatening to contact my job and telling them I committed a crime. They are threatening to take me to court unless I pay them today. Each time they co...

    Daniel’s Answer

    This has every indication of a scam. Report to law enforcement. Do not pay or respond. The contact is an FDCPA violation but there is likely no one to sue.

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