Floyd W Bybee’s Answers

Floyd W Bybee

Chandler Credit Repair Attorney.

Contributor Level 7
  1. Can FDCPA Suits Be Prosecuted In State Courts, Or Only In Federal Courts?

    Answered 6 months ago.

    1. Floyd W Bybee
    2. C. Andrew Campbell
    3. James Liu
    4. John T. Longo
    4 lawyer answers

    You can file the suit in state court, but the defendant can request that the case be transferred to federal court. For what it is worth, my office files all FDCPA actions in federal court. You would only want to filed in state court if you had some distinct advantage for filig there, but then the defendant would likely move it to federal court anyway. If you have a good case, seek out a consumer lawyer experienced in FDCPA litigation. The FDCPA provides recovery of court costs and attorney's...

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  2. Do I need a fraudulent bank charge attorney?

    Answered 6 months ago.

    1. Floyd W Bybee
    2. Simon Goldenberg
    3. Christine B. Adams
    3 lawyer answers

    Most of these calls are scams. If they were legitimate, you also get a letter. They will only take payment by wire transfer, or debit over the phone. I WOULD NOT RECOMMEND paying them until they provide proof of who they are, that they have right to collect the debt, etc. They are NOT taking you to court. They lie to scare you and sometimes they get paid. Seek the advise of an attorney if they persist.

    6 lawyers agreed with this answer

  3. I live in AZ & my bank account is being levied by an attorney in Minnesota. Don't I have to be served with a summons intially?

    Answered 12 months ago.

    1. Floyd W Bybee
    2. Steven W Zachary
    2 lawyer answers

    In order to garnish your bank account, they would have first had to obtain a judgment. And, before they could take a judgment against you, they would have had to serve you with a summons and the complaint. You need to take the case name and number and go to the court where the judgment was issued, and get a copy of the affidavit of service of the summons to see how they claimed to have served you. Then I would suggest you contact an Arizona consumer lawyer to see if the summons was properly...

    4 lawyers agreed with this answer

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  4. In Arizona can a husband be held responsible for his wife's credit card debt?

    Answered 7 months ago.

    1. Floyd W Bybee
    2. Robert J Adams Jr.
    3. Joseph E Holland
    3 lawyer answers

    Yes, both spouses are liable if the account was opened while married. And if a judgment is taken, the creditor can go after both party's wages and bank accounts. Have this matter reviewed by a lawyer. You may be able to defend or settle cheaply.

    4 lawyers agreed with this answer

  5. Can a finance company repossess my car when a civil suit has been filed and the court date is a few months yet before a hearing?

    Answered 11 months ago.

    1. Floyd W Bybee
    2. Andrew M Ellis
    2 lawyer answers

    Yes, the finance company can repossess the car even if suit was filed. But, once the car is sold, then the balanced claimed to be owed should be reduced by the amount realized by the sale. I would recommend you contact a consumer lawyer and discuss your options at this point.

    4 lawyers agreed with this answer

  6. Subpoena duces tecum drivers license and mortgage info he can use it for ?

    Answered 12 months ago.

    1. Floyd W Bybee
    2. Gary D. Bollinger
    2 lawyer answers

    The judgment creditor cannot take money form your children's bank accounts, only those accounts which have your name on them. They are likely just looking for assets to go after. But your home is protected up to $150,000 in Arizona. You are likely to be judgment proof at this time. You may want to have a consumer lawyer review the collection attorney's actions to see if they violate the Fair Debt Collection Practices Act, or FDCPA.

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  7. Officer of the court is calling me to serve papers. Do I call her back?

    Answered 11 months ago.

    1. Michael Thomas Poulton
    2. Floyd W Bybee
    3. James Portman Webster
    3 lawyer answers

    The FDCPA is NOT a defense against a debt. You have to assert your defenses to the lawsuit claim, and then bring the FDCPA as a separate action usually in federal court with a lawyer. If a debt buyer is the one suing you, then you have a pretty good chance of winning in court. You should probably hire a lawyer if the claim is large enough.

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  8. Collections Agency is saying I owe the balance on my credit card. How can I get them to let me set up payments?

    Answered 11 months ago.

    1. Floyd W Bybee
    2. Andrew M Ellis
    3. James Portman Webster
    3 lawyer answers

    KEEP THE MESSAGES -- Don't delete! If you don't have a balance, then there is nothing to settle. You need to contact a consumer protection lawyer concerning the collection agencies' harassing and threatening phone calls. The attorney can advise you on your options and what you can do to get the agency to stop calling you. There are several of us in the Phoenix area that do these types of cases.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can my dad give me a notarized letter to handle his identity theft case. Can I make the decisions for him.?

    Answered 11 months ago.

    1. Floyd W Bybee
    1 lawyer answer

    He could give you a power of attorney to act on his behalf, but I can't imagine anyone getting too involved without your father's full participation. As a lawyer, I would not want to take on a case without your father's full interest and participation. The cases are difficult, and without his full participation, it just would not be worth it. You need to get him on board.

    3 lawyers agreed with this answer

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  10. Accord and Saisfaction voided by debtor?

    Answered 2 months ago.

    1. Floyd W Bybee
    2. Matthew Scott Berkus
    2 lawyer answers

    There are lots of questions which need to be answered, but I would highly recommend you contact a consume lawyer in your area to investigate the judgment, your proof of the settlement agreement, and what claims you may or may not have.

    3 lawyers agreed with this answer

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