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Victor R. Wandres
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Victor Wandres’s Answers

142 total


  • 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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  • 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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