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Victor R. Wandres
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Victor Wandres’s Answers

135 total


  • Are tenants responsible for full months rent if notice was given 26th of month?

    Was told by phone they would be moving by 20th of following month. They say I have the security dep

    Victor’s Answer

    I agree with the others here. If you had a month-to-month tenant, then notice would be effective as if it was given on the first of the month. Tenant is on the hook for the full month, and will be in breach if he/she does not pay when they are supposed to pay.

    Oklahoma law does not require that the security deposit be applied to the last month's rent. After the tenant has vacated the premises, he/she has 6 months to request in writing that the landlord return the security deposit. The landlord has 30 days to then provide the security deposit to the tenant or provide the tenant with a detailed list of items of damage that the security deposit was applied to instead of returning it to the tenant. See Title 41, Section 114 of the Oklahoma Residential Landlord-Tenant Act for more information.

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  • About 3 years ago I fell behind on making payments to rent 1st on 3 items I had made my payments for 3 years straight and

    I fell on hard times so I had stop making payments I lost my house and when I went home to remove my things I told them to come get the stuff.it turns out they never came and got so I don't know where the stuff went I only owed maybe a little over...

    Victor’s Answer

    It's very possible that you are being contacted by a scam artist who may have gotten a hold of your credit report and is trying to scare you into paying them by threatening prison. Have you Googled the number calling you or typed their name into Google to see if others are reporting similar calls and threats?

    We often sue debt collectors for making these types of false threats to consumers. Please feel free to contact our offices for a free consultation. http://paramountlaw.net/debt-collectors-consumer-law-clinic/fdcpa

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  • If the stat of lim passes between a response to a summons and a motion against that response, can the SOL be used as a defense?

    My brother recently got a default judgment on a credit card debt entered against him. I'm looking into requesting a motion to vacate the judgment but am uncertain as to what good it will ultimately do. The law suit started with a summons to whic...

    Victor’s Answer

    While the statute may have passed (assuming that the debt was on a written contract), there may be other defenses to your brother's lawsuit. If your brother was sued by a third-party of "junk" debt buyer like Midland Funding or Cavalry, or Portfolio Recovery Associates, then this is especially true.

    However, it is very important that a Motion to Vacate be filed within 30 days of the date the default judgment is filed with the court or else the reasons why a judgment can be vacated narrows significantly. Filing a Motion to Vacate is a difficult process and is not one I would recommend doing without an attorney.

    We handle these types of cases statewide in Oklahoma. Please feel free to contact us for a free consultation. http://paramountlaw.net/oklahoma-debt-collection-defense-lawyers

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  • Im trying to find more cases where debt collectors have violated the bankruptcy discharge, Any advice on where to look?

    I recently posted about my former mortgage company sending me a debt collection notice after the discharge. They got the house back etc, but when I disputed inaccurate information on my credit report, they sent me a letter and told me that they w...

    Victor’s Answer

    My firm handles FDCPA and Bankruptcy Discharge violations in Tulsa. I'd be glad to take a look at the letter they sent to you. Please call or contact us through our webform at www.paramountlaw.net

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  • Under OK law, is a judgment that has not been Renewed and has since Expired, considered Void?

    Under OK law, is a judgment that has not been Renewed and has since Expired, considered Void?

    Victor’s Answer

    Mr. Monks is probably correct, if the judgment has not been properly renewed, and if no action has been taken to attempt collection (such as garnishment) during the five years after it was awarded, although the judgment is not "void," it is no longer able to be enforced by the judgment creditor. That means that your wages can't be garnished, your bank account can't be honest, and it cannot be considered a lien on your property. If you receive any threats from a law firm or collection agency attempting to collect that judgment, it may be a violation of the FDCPA. Therefore, I urge you to contact a local attorney that practices FDCPA in Oklahoma. You may feel free to go to my firm's website for more information: www.paramountlaw.net

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  • I was just told by a collection person that banks no longer offer cents on the dollar for payoff amounts starting in 2014.

    Has anyone else heard this? Just trying to determine how trustworthy this person is.

    Victor’s Answer

    Be sure to learn your rights under the FDCPA. Debt collection agencies may not be untruthful with you. Also, if you are in Oklahoma, be sure to record your telephone conversations. It is not necessary for you to tell the other side you are recording the conversation.

    We represent consumers free of charge for FDCPA violations. Be sure to take a look at the many different ways that debt collectors can violate the FDCPA on our website: www.paramountlaw.net

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  • Entry of Appearance - where can I find an example.

    Legal proceedings have started against us from one of the collection agencies. I need to respond to this within 20 days. I also need to know if I can still call and speak with someone regarding this account to hopefully negotiate a smaller amount ...

    Victor’s Answer

    You really should speak with an attorney that does collection defense. Representing yourself is a recipe for disaster and you will likely lose on summary judgment. We do debt collection defense work statewide in Oklahoma, and have been extremely successful in getting debt buyer lawsuits dismissed without our clients having to pay anything to the debt buyer. Please feel free to contact my firm for a free consultation.

    Paramount Law 918-200-9272

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  • If a creditor writes off a debt, then sells it to a debt collector, is the comsumer obligated to pay the debt collector?

    This relationship with this creditor started in 2006. Our last payment to them was March, 2013.

    Victor’s Answer

    When dealing with third-party debt buyers, be sure to learn your rights under the FDCPA. In Oklahoma, you have the right to record your telephone conversations without telling the other party you are recording. This is often my clients' best evidence of harassment or being told untruthful statements. If the debt collector has violated your rights, please call us for a free consultation. Even if we decide to represent you, there is never a fee for our work suing debt collectors who violated the FDCPA. Better yet, you may be entitled to a $1000 reward.

    www.paramountlaw.net

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  • I'm being sued in superior court. On which form do I respond to the summons?

    Also, aside from the response and notice of appearance, is there anything else that should be filed with the clerk and served upon the claimant?

    Victor’s Answer

    The form of the Answer probably doesn't matter so long as you only dispute the amount being sought against you and that it is filed in court. However, I agree you should look for a collection defense attorney in your area.

    You can also run a "Find a Lawyer" search here on Avvo to locate several lawyers in your jurisdiction that practice "debt settlement". Also, the "Find an Attorney" feature on NACA.net may help you find lawyers in your city that practice collection defense. http://www.naca.net/find-attorney.

    I would appreciate it if you mark this answer as "Helpful" if you found it to be so.

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  • How do I file an appearance and answer? I received a notice from district court from a credit card company and $$$ is way more!

    I was unemployed for about 5 months, and then had a part time job for the next 7 months. Then i finally got a full time job after being unemployed again for 2 months! I can not afford to pay for this or any other old credit cards. I did make al...

    Victor’s Answer

    You must to file an Answer disputing the amount with the Court or else a default judgment will likely automatically be entered against you.

    You can also run a "Find a Lawyer" search here on Avvo to locate several lawyers in your jurisdiction that practice "debt settlement". Also, the "Find an Attorney" feature on NACA.net may help you find lawyers in your city that practice collection defense. http://www.naca.net/find-attorney.

    I would appreciate it if you mark this answer as "Helpful" if you found it to be so.

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