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Lucius James Wallace

Lucius Wallace’s Answers

44 total

  • When will a small claims judgment appear on my credit report?

    I lost a small claims case about 5 months ago. I havent paid it yet and so far, the judgment hasnt appeared on my credit report. If I pay now, Is it too late to have the judgment vacated? I have heard that if the judgment does appear, it will harm...

    Lucius’s Answer

    An unpaid judgment on your credit will hurt your credit more than a paid/satisfied judgment will. In order to get the judgment vacated, you may have to get the judgment creditor and the Court to agree to do so. Just because you pay it does not mean you get to have it vacated.

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  • Can a comany place an entry into your credit report about a civil judgement that never happened?

    My wife has an entry on her report from a NOB LLC that put in a civil judgement against her. When researching the county records they have no entry nor any information at all about a civil suit against her. What should we do?

    Lucius’s Answer

    While the process is designed to be simple, getting a falsely reported judgment off your credit can be anything but simple. When you dispute the judgment, do so in writing. Identify exactly who you are, your address, SSN, DOB and previous address. In your dispute, be very clear about exactly what it is you are disputing. If you have any proof documents(copy of the judgment actually filed along with proof of service and the complaint), discuss these proof documents in your dispute letter and make sure you enclose them. Often the proof that this is not your judgment is in the Credit Reporting Agencies (CRA) files, but they fail/refuse to evaluate their own data. For instance, if the judgment creditor is a national bank or credit card company with whom you have never had an account or if you do and the account is in good standing, be sure to point this out to the CRA. Review all of your credit reports and address all errors in your letter. Close your dispute letters with a request that the CRAs investigate your dispute, evalute the proof documents you have enclosed and update your credit file to delete the false/erronous information immediately. Be sure to keep a copy of your dispute letters and the proof documents. Send your dispute letter by certified mail, return receipt so you can prove the CRAs recieved it, because all to often they claim they never did. If the CRAs fail to remove the information, write the CRA's again asking them to provide the name, address and any other contact infomation of the entity or person reporting this false information to the CRA and then contact a lawyer. Good luck. You must be persistant to correct false reporting!

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  • A friend of mine is going through a terribly scary situation right now and I was seeking some advice regarding a judgment.

    She recently went to get gas and all of her money had been taken from her account. She had been working with an attorney for over 2 years regarding a car that had been repossessed. She had been making payments and recently (less than 1 week ago) ...

    Lucius’s Answer

    You need to get to the bottom of this quickly. You need more information. Was your friend served with the lawsuit? Did the dealer/lender obtain a judgment against your friend? If there is a judgment on file? If so, compare the amount of the judgment with the amount your friend has already paid and the amount the Attorney is claiming is still due. Assuming a valid judgment is in place and that the amounts being collected are still due, in some States, statutory exemptions permit a court to reduce the amount of $ the judgment creditor can take via garnishment. You should consult a VA lawyer.

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  • Is it unwise to directly contact the atty representing a creditor who is suing you in hopes to resolve before going to court?

    I have been served a notice that there is a claim against me, and plan to file the answer, but hope to stop this process. I can't afford an atty and would like to resolve this. I am uncertain how to proceed.

    Lucius’s Answer

    I wouldn't say it is unwise to contact counsel for the creditor, but if you do remember that if you are able to settle the matter, make sure your agreement is in writing signed by the creditor/or their counsel and yourself and that you understand the terms. As for the lawsuit they filed against you, be sure that you file an answer to the law suit before your time to do so has expired or else you will find that the creditor has a default judgment against you.

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  • What would be the best way to get a lawsuit/garnishment judgement dismissed?

    I found out about this case when I got my pay check last week with a garnishment on it. I was never served any papers, they were served to my 90+ year old previous landlord - I moved out four months before he got the papers. There are two other c...

    Lucius’s Answer

    You will need to file a motion to vacate the underlying judgment. I would start by getting a complete copy of the court file which will include the proof of service. Then consider either an affidavit from your former landlord if you are on good terms or other proof documents that evidence where you were living at the time they served your 90+ yr old previous landlord. If you have all of your proof documentation ready to go, I would suggest you hire a lawyer to help you vacate the judgment. If you win, you should be entitled to an award of reasonable attorney fees for prevailing on the motion to vacate. Once you file papers to vacate the underlying judgment, you should be able to suspend the garnishment pending a ruling on the motion to vacate.

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  • What is the danger to an defendant in failing to answer complaint?

    Sorry for asking so many questions, but i amin school for a paralegal and some of the questions i was asked to find are not in my book and are not on google. Thankyou Jessica

    Lucius’s Answer

    A default judgment will be entered.

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  • How do I sue a body shop for bad repairs and for not fixing what they were paid for? They also did further damage.

    I have detailed records of what they were paid to fix and what they didn't. Also, I have an estimate from the dealership for what it would take to repair the damages they caused and the damage they didn't fix but were paid by my insurance company...

    Lucius’s Answer

    You may have claims for negligence, fraud and violations of the Oklahoma Consumer Protection Act. Your "detailed records" should include evidence from a 3rd party body repair person or estimator who can provide expert testimony on the items you say they were paid to fix but did not. I would encourage you to hire a lawyer for this matter. Kathy Rawls in Moore or Louis Green in Oklahoma City are both consumer lawyers and members of www.NACA.net.

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  • The debt buyer suing me has a signed affidavit providing only an excel spreadsheet with account numbers. Is this proper records?

    I have been sued and am going to trial on Friday, it is my understanding an excel spreadsheet of a credit card statement or account numbers from the debt buyer is not proper records that an affiant can swear to. Don't they need more or better proo...

    Lucius’s Answer

    The issue you raise has been the subject of much litigation nationwide. You are fortunate that you are in Maryland where there has been several very good opinions. You should contact Peter Holland at the University of Maryland College of Law. He is a professor and private practitioner with a recent paper on Defending Junk-Debt-Buyer Lawsuits.

    http://mydebtrelease.com/wp-content/uploads/downloads/2012/08/Defending-Junk-Debt-Buyer-Lawsuits.pdf
    Good luck

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  • Can I be prosecuted for check fraud if I used a federal bank to secure a payday loan?

    This payday loan account is in Ky from 2007. A company is calling me saying this doesn't fall under the pay day laws, that it falls under the check fraud law of ky because I used a federal bank to secure the pay day loan. All Ky pay day loan store...

    Lucius’s Answer

    I cannot offer an answer to your specific question but would suggest that you speak to a payday lending lawyer from Ky regarding your issue. Www.naca.net lists consumer lawyers that represents consumers only. Your question is interesting because there are payday lenders that have "rented" the charter of supposed national banks in order to evade lending laws. Contact the Attorney General in Ky, Office of the comptroller, and FTC. Good luck.

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  • How much in punitive damages is typically awarded for fraud?

    I bought a business because the previous owner gave me a false financial statement which overstated the gross income by 300%. And instead of making a profit, the store actually runs at a loss. I have already lost $25,000. It's a long story, but ...

    Lucius’s Answer

    There is no typical or standard award for punitive damages unless you are in a jurisdiction that offers only a multiple of actuals perscribed by statute. Every case stands on its own facts. There are many factors that are evaluated when a judge or jury determines the amount of punitive.

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