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Floyd W Bybee
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Floyd Bybee’s Answers

59 total


  • I have a collection account on my credit report which belongs to my husband. I live in Arizona. Can they do that?

    We declared chapter 7 in 2013, discharged January 2014 and I lately noticed a collection account on my credit report which belonged to my husband. It was included in the BK as an individual account. I called the collection agency and they told me ...

    Floyd’s Answer

    If it was included in your bankruptcy, but not reported to the credit bureau until after discharge, then they cannot report as a new account on your credit report. Contact a consumer lawyer to get an opinion to see if you might have a claim against this collection agency.

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  • Gurstel Chargo was hired by credit card company

    I was served a Complaint for a credit card that has not been paid. I attempted to work a payment plan with the creditor as well as the attorney with no avail. Now they are attempting to receive a Judgement. What is the best course of action?

    Floyd’s Answer

    You need to speak withe consumer lawyer as soon as possible so you can discuss what your options are. Once they have a judgment, your options are more limited.

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  • Am I able to sue a business for identity theft?

    Someone was able to get my social security number and they opened a phone line with it. The company made no attempt to see if the number was valid, or if the person claiming it was the true person. I did not find out about this until I tried to op...

    Floyd’s Answer

    Going after a business for identity theft is possible. However, you really need to have an experienced consumer lawyer look over the situation and see what steps need to be taken. Most claims end up being filed under federal consumer protection laws such as the Fair Credit Reporting Act or FCRA, and the Fair Debt Collection Practices Act or FDCPA. Get a consultation with an Arizona consumer protection lawyer to see what should be done.

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  • Am I legally liable for the below detailed old non-secured debt?

    Obtained credit card in 2007. Due to job loss, stopped making payments in 2008. Original creditor charged off account in 2010. Charged off account purchased by secondary recovery company and are pursuing legal action for collection. Is there a...

    Floyd’s Answer

    If your payments stopped in 2008, then it should have charged off six months later, so in 2008 or 2009. If you have some proof that payments stopped in 2008, like an old credit report, then you have a complete defense against the claim. You also would have a claim under the federal Fair Debt Collection Practices Act or FDCPA for being wrongfully sued on a stale debt. Meaning they would have to pay you some money. I would recommend you have an Arizona consumer lawyer look at your case.

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  • Statute of limitations Credit debt

    My last voluntary credit payment was in February of 2009, the card was a Chase card,. I had a Chase bank account in 2011 for a short time. They took 1 unauthorized payment before I closed out the account. I just found this out now as I was going ...

    Floyd’s Answer

    You are correct. This was NOT an acknowledgement, so it did not restart the statute of limitations under Arizona law. The first date you were continuously delinquent is when the statute of limitations begins to run.

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  • I am being sued by a debt collector, what are the options?

    I received a letter dated 4/29/15 from a local law firm here in Phoenix that says "A lawsuit has been filed against you." It provides a case #, yet here it is May 18th and I have still not been served any type of official notice or summons and it...

    Floyd’s Answer

    I agree with Mr. Allen, but you may want to contact a consumer lawyer first and see if he can give you some information about who is suing you, and some strategies for negotiating a settlement. Some of these debts we've seen lately are old and past the statute of limitations. You can also hire an attorney to negotiate a settlement. Try attorney David Mize at 602) 358-8021

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  • Consumer Asset company called me concerning an auto loan of 2003 which I defaulted on 10-2004.

    Consumer Asset representing HSBC for repayment of 14,212.00 from 10-2004. Car wrecked and sold. I have less than 48 hours to pay Consumer Asset 4,212.00 or HSBC will take me to court for the full amount. I am a recovering addict with no job at pr...

    Floyd’s Answer

    It is very unlikely that HSBC will take you to court on an 11 year old debt. If they did, you would have a complete defense and be able to go after their lawyers. This agency is threatening simply to try to scare some money out of you. You should contact an Arizona consumer lawyer to review this matter with you.

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  • I keep getting court papers form these lawyers that are acting for the company, Autovest. we had a car many years ago they repro

    the other day i received a letter from a another atty. stating he was at the courthouse and he thought he could win my case due to limitations. i threw it away , not thinking i needed that, and then i got these court papers talking about default ...

    Floyd’s Answer

    I have handled numerous Autovest cases here in Arizona which were past the statute of limitations. Its a very common tactic. You not only have a complete defense to the action, but are entitled to receive money damages under the Fair Debt Collection Practices Act.

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  • Requested a continuance on jdb case against me that is identity theft? Should I hire a lawyer? Trail in one month!

    Here is the issue the debt midland is suing me on is only 780.00. IT was an identity theft case. I have no idea about the laws until I was sued. I sent them a police report affidavit notarized and made a claim with the ftc. They tell me it's not ...

    Floyd’s Answer

    Yes, it is worth seeing a lawyer. If you have proof of the ID theft, and JDB continues to pursue case, then you would have an FDCPA claim against JDB. Set an appointment with an Arzioan consumer rights lawyer.

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  • I am trying to initiate a suit against a company for failing FDCPA laws & harrasment, what type of lawsuit/attny do I need?

    Faults against me include: * constantly calling me before 7am. (at least 3 times last week!) *Calling my cell phone after requesting them not to. *Cutting my credit line because of their inability to contact other family members for th...

    Floyd’s Answer

    If this is an original creditor, then the FDCPA does not apply. If a third party collection agency, you may have some FDCPA claims. The Cell phone calls may also trigger claims under the Telephone Consumer Protection Act. Find an Arizona lawyer to review your circumstances to see what, if any claims you may have.

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