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Jeffrey Scott Hyslip
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Jeffrey Hyslip’s Answers

369 total


  • I owed a dentist office $300, my credit report states it's been charged off and a collection agency has it, can the dentist sue?

    my past debt has been charged off and on my credit report it states the creditor is now Creditor Advocates but today I was served court papers stating the original debtor is suing me. Can they do that when it's been charged off and a collection a...

    Jeffrey’s Answer

    Yes, but I doubt someone would sue over $300....

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  • Same bill collected by two different collection agencies, plus I was called by a computer every day at noon for 6 months

    First I try to arrange a payment plan with the collector but they wanted a full payment. Since I did not have the full amount it went to collection and a computer started to call me every day for 6 months, after that they stop calling but I got a ...

    Jeffrey’s Answer

    I would first contact both debt collectors to see who has the rights to collect the debt. If possible, I would also contact the original creditor to see who they hired to collect it. If the debt collector that is using a computer is calling your cellular phone number, you likely have a claim under the TCPA. Speak with a consumer attorney in your area (or feel free to contact me for a referral) to see if YOU have a case against the DEBT COLLECTORS that are harassing you.

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  • Are they allowed to do this?

    This is a collector from a bank that I owed when I was 16, a joint account with my mother. collections agency threaten to cancel my agreement with them after I stated I could pay next week, Now I understand that I am obligated to pay on time ...

    Jeffrey’s Answer

    Wow! It sounds like the collector is engaging in conduct that is prohibited by the FDCPA. They are not allowed to be as rude to you as they are claiming. I need some more information to see if you actually have a case against the debt collector but if you do it will be THEM paying YOU vs the other way around. I'd be happy to speak with you further. Alternatively, google the "Fair Debt Collection Practices Act" or visit my law firm website and see if any of the conduct they undertook, in your opinion, violated the statute. One final point - if you had an agreement with them to pay x every week (or month) and you have complied with the agreement, then they can't just say "we changed our minds" because they want to. An agreement is an agreement. Good luck! Thanks for visiting www.avvo.com

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  • Civil Suit against me for some charges made in 2007-2008, how to proceed?

    College is filing civil lawsuit against me for $3,700 for various charges made to a student credit card while I was on campus. I don't remember owing anything after I left, and this is the first I'm hearing of it. They sent me an email roughly 3-4...

    Jeffrey’s Answer

    Has there actually been a lawsuit filed? Was it the College that was contacting you via email or a third party debt collector a few years ago? Did the lawyer that sued you send you a pre-suit demand letter? Debt Collectors (and attorneys) are required to follow the FDCPA. If they don't then THEY have to pay YOU. Since you disputed the debt the FDCPA requires debt collectors to take certain actions (if it was a debt collector that you disputed to 3 or 4 years ago vs the college itself.

    There are lots of facts at play here. One of my attorneys would be happy to speak with you. Alternatively, I would find a FDCPA attorney to review the facts the of collection activity to make sure that YOU don't have a case against one of the collectors that was contacting you.

    One thing is certain, if they did sue you, make sure that you show up to all of your court dates or you will lose "by default". I wish you well.

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  • I keep getting lawyer notices in the mail saying a creditor has recently filed a civil suit against my mother

    My mother has been in a nursing home since the end of last year as she is no longer able to care for herself. She owns nothing of value. She has her social security check and a small pension direct deposited into her checking acct, and is also on ...

    Jeffrey’s Answer

    This sounds to me like it is probably a scam debt collector (see my article, below). If in fact it is a legitimate debt collector it sounds to me like most of her income is exempt from execution (a FL attorney would need to confirm for sure). Are the letters addressed to your mother? Have you called the clerk of court? I'd be happy to look at the letters at no cost to see if I can verify their authenticity. If they appear authentic, I can refer you to a friend of mine that could probably help you in Florida. Thanks for visiting Avvo.com

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  • Called by debt collector wage garnishment from judgment, I should settle before they talk to my HR and put a WG on me.

    Credit card debt 2008, Judgment June 1 2011 I never received info about the Judgment or Collection. Collection company called my place of employment today, they are telling me they are going to garnish my wages because of the judgment of Jun...

    Jeffrey’s Answer

    I would take issue with the statement that they told you once they garnished you that you couldn't do anything. In fact, you could do something; you could pay off the debt. Debt collectors are not permitted to make any misrepresentations while collecting debts. If I were you, I would argue that them saying that you can't do anything once they garnish you is in fact a lie. Is it a lawyer that is calling you or is it in fact River Holdings Investment? Do they tell you each time they call that they are debt collectors? Is it a collection agency that is calling you? Have you ever told them not to call you at work? Did they disclose the fact that you owe a debt to any third parties?

    If I were you, I would be suspect of any company that threatened to garnish your wages on a 2 year old judgment (unless you just recently got a new job or they just recently found you). In my experience, legitimate debt collectors move immediately for a wage garnishment after they win a judgment. The fact that they have waited gives me suspicion.

    Let me know if you want to talk further. If in fact they are violating the FDPCA it will be River Holdings that is paying you for breaking the Fair Debt Collection Practices Act. They also would have to pay your attorneys that represented you in the case. Good Luck!

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  • Will a postnuptual protect me from my spouse's creditors & debts?

    My wife has a debt she incurred before we were married. Now that we are, the company is seeking to garnish my wages to pay for the debt. I've been told that we live in a Communal Property State. And I've been advised by family to enter into bankru...

    Jeffrey’s Answer

    • Selected as best answer

    From my understanding the Creditors do not have to act according to the Prenump. The Prenump is a contract between you and your wife, not you and your creditors. So, if you are truly responsible for the debt under state law, I don't believe the at Prenump, in itself, would insulate your assets.

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  • Settlement of debt with creditor

    do you have so many days from a garnishment or lawsuit to resolve the debt? we have been trying to reach a settlement and next thing I knew I was sued. they don't have to tell you?

    Jeffrey’s Answer

    If they have the legal right to collect the money, they don't need to notify you before they file a lawsuit against you. If you believe they were stalling and that the negotiations to settle the debt were in fact made in bad faith (to give the lawyer time to file the case) or if they will not honor their previous settlement, then you might be able to allege that they have violated the Fair Debt Collection Practices Act by engaging in conduct the intent of which is to harass, annoy or oppress you. Regarding how many days from the time they sue you till the time a garnishment is ordered that depends on how backed up the court is. You should show up to all scheduled court dates to ensure that a judgment is not taken against you by default.

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  • The Judge granted a default in my favor. How do I get the money now?

    I sued a business pro se in small claims court and had them served and they did not show up in court. The Judge then granted default and a judgement for me. They have already ignored a previous demand to pay me before I filed the law suit so I am ...

    Jeffrey’s Answer

    You may need to hire a collection lawyer or a general practice lawyer to help you execute the judgment.

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  • Do I have to provide a relative's address to a debt collector?

    While a relative was briefly visiting us, she had to be hospitalized for a day. She gave our address while getting admitted. Her insurance was declined and now we are getting calls from debt collectors asking for her. How should we respond? The...

    Jeffrey’s Answer

    If once you tell them that the consumer does not reside at your address and tell them to stop calling you they must cease the calls. If they continue to call you that qualifies as debt collector harassment and you can actually go after the debt collector and make them pay YOU. Under the Fair Debt Collection Practices Act, Congress forces debt collectors that don't walk on a thin line to pay penalties to consumers that they abuse. The purpose of this is to cut down on abusive debt collectors. Once you tell the debt collector to stop calling, I wouldn't be surprised if the calls continued. If they do, track one of us consumer attorneys down and we'd be happy to slap the debt collector for you. The best part is that our legal services are 100% free to you. Congress forces the debt collector that breaks the law to pay our attorney fees!! Best of luck in getting the phone to stop ringing and as the previous attorney stated, no, you do not have to give them any information about your relative. Best of Luck!

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