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Michael R. Sices

Michael Sices’s Answers

78 total


  • In Texas, what are the limits to when a debt collector can call you?

    What sets the parameter for "harassing, repeated calls" in an attempt to collect a debt? I've had someone call me for a debt owed on a bill I never received (they claimed I was enrolled in online billing, but I dont remember enrolling in online bi...

    Michael’s Answer

    4 times per day is harassment, which is illegal. Saying, "you need to pay, or else the calls will continue," is not in my opinion illegal, but tends to prove that the 4 calls per day are intended to harass you. Calling on Sunday is legal, but not before 8 or after 9. Keep your phone records and voice messages and any recordings of calls in which they are speaking with you. If these calls are to your cell phone, and you have never given permission to call your cell phone, then you should discuss that with a lawyer immediately. You have the right to ask the collector to "cease and desist" from calling your telephone, ever. If you ask for that, make a contemporaneous detailed written note of the day and time of that call in case you need to prove it later.

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  • Can my family's land be seized due to a default judgement for $18,000 i received from a car insurance lawsuit?

    Its a farm thats about 200 acres with some cattle, a tractor, and a mobile home in Nixon, TX. I am in line to inherit a sixth of it.

    Michael’s Answer

    You most assuredly need to speak to an attorney in your area about your options both with regard to the land and the default judgment. Your parents should explain this situation to their estate planning attorney. The short answer is that this land cannot be seized as a result of your default judgment, until you become entitled to it. If you live there when you become entitled to it, it's also possible that it is protected from debt collectors as your homestead.

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  • Experian is not removing False collection from my credit history and not providing proof of it either. What to do?

    6 months back I came to know I have a collection item from 2007 on my credit report from xyz medical center of $247. They sent it to the collection agency in 2011. The collection item is frivolous as I never went to that medical center. I asked Eq...

    Michael’s Answer

    This is a fact pattern that you should discuss with an attorney in your area who is well versed in the Fair Credit Reporting Act. The bottom line is that companies and agencies that deal in this kind of information have some responsibility under federal law to conduct a reasonable investigation, when information is shown to be objectively inaccurate.

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  • 2 months ago, I received a letter from Convergent Outsourcing Inc., regarding a debt I owed 10 years ago, and which I already pa

    2 months ago, I received a letter from Convergent Outsourcing Inc., regarding a debt I owed 10 years ago, and which I already paid long time ago. I disputed it by sending them a cease and desist letter, in which I requested from them the informati...

    Michael’s Answer

    Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:
    (1) denying the inaccuracy;
    (2) admitting the inaccuracy; or
    (3) stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy.
    (c) If the third-party debt collector admits that the item is inaccurate under Subsection (b), the third-party debt collector shall:
    (1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and
    (2) immediately cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.
    (d) If the third-party debt collector states that there has not been sufficient time to complete an investigation, the third-party debt collector shall immediately:
    (1) change the item in the relevant file as requested by the individual;
    (2) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection (c) and a copy of the changed report; and
    (3) cease collection efforts.
    (e) On completion by the third-party debt collector of the investigation, the third-party debt collector shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector determines that the information was accurate, the third-party debt collector may again report that information and resume collection efforts.

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  • So i have a problem Linden lab is saying i owe money to them when i have proof that i do not. What do i do?

    contacted the company several times no response tried over and over again to have them unlock my accounts i don't know how much i spent on second life

    Michael’s Answer

    It sounds like your second life is starting to affect your first life. If this company just locked you out of your online account and no debt collection agency is involved, then you might consider writing a letter or calling in to see if you can get an accounting of the charges. Even if there are over-charges, this could be a good time to just let this go and use your creative energy elsewhere.

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  • Business owner with advertising vendor claiming due invoices due too signed contract. debt collection agency claiming balance.

    i had a advertising vendor come in and sell me some ad space in a local publication, he said i could go month to month if not working. i cancelled because it wasnt working now he is trying to sue for the reminder 9400. the debt collection agency ...

    Michael’s Answer

    You might consider calling a local attorney to discuss the particulars before you agree to a settlement. If the sales person lied to you by telling you it was month to month in order to induce you to sign the agreement, then you may have a defense called fraud in the inducement.

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  • In TX can the bill collector have the right to sue you for the second mortgage after the house forclose?

    The statue of limitation has run out . And if so can you off balance the delinquency with the market value of the house?

    Michael’s Answer

    Did you previously have private mortgage insurance "PMI" as part of your 80/20 mortgage (probably)? Or, was the "second" mortgage a home equity loan? There may be a number of good options short of talking bankruptcy, but I would need more specific information including dates.

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  • I put a truck in my name for my son who let it go back. Now they have filed on me can they garnish my wages or freeze my bank

    trying to find out if they can garnish by bank accounts or wages, I signed for a truck in my name for my son and he let it go back

    Michael’s Answer

    In Texas, this type of creditor cannot garnish your wages. But, they can freeze a bank account in your name.

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  • Can a collector still collect after foreclosure in 2007?

    Live in Texas and had a foreclosure in 2007. There were 2 mortgages on the house. We received forms and had to include these with our tax return for 2007. As far as I knew, it was taken care of and the debt would eventually fall off our credit rep...

    Michael’s Answer

    If this is a company called Dyke O'Neal that is suing you on the second mortgage, you should call my office.

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  • I received an email from a Joseph Foster Morgan & Associates stating there was a warrant out with docket # 700ACC is this legit?

    The email has a Warrant Letter attached which reads that US Cash Advance is pressing charges against my name...It says I can apply for an Offer in Compromise (OIC)...I checked Manchester, NH where it says it's from the State's Attorney's office b...

    Michael’s Answer

    Scam. The people who are behind this letter are probably from another country. They operate on the belief that Americans owe enough money and are gullible enough to fall for the shake-down. The FTC and other agencies have been unable to track and stop the them.

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