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Victor R. Wandres
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Victor Wandres’s Answers

135 total


  • How can I protect a new spouse from my future medical bills

    I was wiped out financially 10 years ago from medical bills incurred by my late wife's illness. I have since married, 6 yrs ago, and my income is much lower than hers. I think it would be terrible, I'm 66 yrs old she is 54, if she went under bec...

    Victor’s Answer

    You are wise to consider this now, before any medical bills are incurred. As you know, in Oklahoma, like many states, there is a specific statute that provides that medical providers may seek payment from the spouse of the person who incurred the medical bill.

    I agree that your best protection is to speak with an attorney who practices estate planning.

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  • I couldn't pay amount in a store forgot n I have been fined and if I pay need not attend the court should I pay the store as wel

    Please help me

    Victor’s Answer

    Your question does not give enough information to allow attorneys reviewing this site to help you.

    Did you receive a letter in the mail from a debt collection agency? Or did you receive something from your County Court?

    If it is a debt collection agency, then you should determine whether they are a legitimate debt collector first. If you received something from your county court, you should seriously consider hiring an attorney in order to protect your freedom.

    Good luck.

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  • Contract in Collections

    If had originally signed a gym contract almost three years ago that was for a 2 year period. In this contract tanning was included(dual companies involved) but I signed with the fitness company. I moved 6 months after and sent a letter with proof ...

    Victor’s Answer

    Our office sues debt collectors for violations of the FDCPA and FCRA. You should learn your rights under both of these laws.

    If you dispute that you owe the debt, you may send a certified letter to the collection agency reporting the debt advising them that the debt it "disputed" and requesting they provide you with the name and address of the original creditor. The debt collector may make no further efforts to collect on the debt once they receive this letter. The debt collector also MUST report that you have disputed the debt with the credit reporting agencies the next time they report the debt.

    Fitness and Tanning Contracts are famous for going bad. Some other states Attorney General's have issued reprimands against collection agencies attempting to collect on these debts. You should learn your rights under the FDCPA. I have posted some of them here: http://paramountlaw.net/practice-areas/fdcpa

    There is also a state-specific law in Oklahoma which may apply to you since you moved so far away from your gym.

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  • Statue of limitation on hot checks.

    The person was 14 or 16 at the time.

    Victor’s Answer

    I agree with the others. You didn't leave much information for us to help you. If you receive an actual summons in the mail or from a process server, contact an attorney that specializes in debt collection defense immediately.

    But because you added "Collection Agency" and "Debt Collection" as practice areas, I am going to assume that a collection agency is calling you and threatening you with "serving you with papers" or "turning you over to the DA" in your county. These statements are RED FLAGS for scam artists. It is currently a very common scam for phony collection agencies to call and threaten to have you arrested if for an old, hot check if you don't "pay right now." Don't fall for it! Ask them to send you something in writing regarding who they are and what right they have to collect the debt from you. By law, under the FDCPA, a collector must send you written confirmation of your rights to dispute the debt within 5 days of calling you.

    Learn you rights under the FDCPA. You can find some info on my website, http://paramountlaw.net/practice-areas/fdcpa

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  • CAN THEY MAKE YOU PAY IF IT WAS NOT YOU?

    I WAS CALLED THE OTHER DAY FROM CALIFORNIA ON A VISA CARD THAT I WAS SUPPOSE TO HAVE. THAT WAS GOING TO BE SERVED PAPERS AND SUE BECAUSE I NEVER PAID FOR A 2000.00 CREDIT CARD. I TOLD THEM I HAVE NEVER HAD A VISA CARD AND HE SAID YOUR LAST FOUR OF...

    Victor’s Answer

    This sounds like a scam where the scam artist has managed to (illegally) obtain a copy of your credit report. If you have ever taken out or applied for an online or payday loan, you are at risk for this scam. Essentially, it sounds like the person calling you is likely a fake debt collector. Anytime we hear the "served with papers" threat, it puts up lots of red flags that the person calling you is a phony. Check out the FTC's recent warning about fake debt collectors: http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors

    With that being said, be sure to contact an attorney that specializes in debt collection defense and FDCPA violations if a lawsuit is actually filed against you.
    --
    Victor R. Wandres
    www.ParamountLaw.net
    Oklahoma Consumer Protection Lawyers

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  • What do I do if I cant find the person who sued me, court says he's the only person who can release the judgment.

    Neither of us live in the state anymore called the court clerk's only answer was he is the only one who can release the judgment. Is this the only route to take or is their more information out there

    Victor’s Answer

    I suppose that you could have an attorney file a Petition to Vacate the Judgment, and if the attorney is also unable to locate him, then the Petition to Vacate could be served by publication. However, I would start by contacting a process server to see if they can perform a "skip trace" on the person who has a judgment against you. The easiest way to take care of the problem is to locate this person directly.

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  • My income is Social Security and I am unable to pay credit cards. Can they put a lien on my house if my exwife has it?

    I am disabled and my only income is Social Security. I am recently divorced and my wife has the house although my name is on it. I am no longer able to pay some of my credit cards. Can they garnish my Social Security or bank account? What abou...

    Victor’s Answer

    I sue debt collectors that don't follow the law. www.ParamountLaw.net.

    The other attorneys answering here are correct. If the credit card company (or debt collector they buys the debt from them) were to sue you and obtain an judgment against you, then, and only then, would they have the ability to TRY to garnish your bank account on put a lien on your house.

    However, if all of the money in your bank account is social security income, the bank will deny the garnishment as social security income in protected from garnishment.

    Also, provided that that the residence that your wife is living is is being claimed by you as your "homestead," the judgment creditor could file a lien against your house, but could not legally foreclose.

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  • Is there some kind of legal document I can make up that legally splits land?

    The situation is we live on several acres with my grandmother and brother, it belongs to my grandmother and late grandfather. My brother is very bad to do and thinks he owns the whole place. I know as soon as my grandmother either moves or passes ...

    Victor’s Answer

    You really should hire an attorney to help you with this. Doing it on your own is extremely risky and what you risk is not really owning the property at all when it comes time for you to sell it.

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  • Do I need a real state attorney?

    My brothers, sister and I inherited my mother's home, I want to buy it from them and they have all agreed to sell it. I've been told we have to wait a year because it needs to go on probate, what should I do?

    Victor’s Answer

    The simple answer to your question is Yes. If you decide to not use an attorney to make sure that the real estate is properly transferred, you risk not properly owning it at all when its time for you to sell it.

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  • Can i sue my employer and win for humiliation

    well ive been sick coughing really bad and on top of that having multiple asthma attacks yesterday was so bad coughing on every call and at times couldnt even speak because i couldnt catch my breath and the customers asking if im alright really .....

    Victor’s Answer

    You can file a charge with the EEOC against your employer for hostile work environment. You can read instructions on how to do this here: http://www.eeoc.gov/employees/charge.cfm

    If you have medical problems, you may be able to ask your employer for "reasonable accommodations" under the ADA. More information on this here: http://askjan.org/Eeguide/

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