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Floyd W Bybee
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Floyd Bybee’s Answers

54 total


  • 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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  • What can I do if a creditor has violated the FDCPA laws?

    I received a letter from a collection agency that was dated April 3, 2015, informing me that I have 30 days to dispute, ask for validation, etc. Yesterday, a family member who lives in another state, called to inform me that this collection agen...

    Floyd’s Answer

    You are right, this is a violation of the FDCPA. Find an Arizona FDCPA lawyer to help you here. Most will do the cases on a contingency basis, so there are no fees you have to pay up front.

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  • In AZ - What specific papers do I need to file and where do I get them, in order to respond to a debt-collection summons?

    I am terminally ill, single, live entirely on SSDI and have no other assets except a 13 year old minivan, KBB value $1959. It is mainly used to go to doctor visits. I need to prevent Portfolio Recovery Services from taking my SSDI and my miniv...

    Floyd’s Answer

    Why would you agree that you owe Portfolio Recovery Services (Associates?) any money? They did not lend you any money, issue you a credit card, pay for any of your purchases, etc. You don't owe PRA unless they can show that they purchased your debt. Write them a letter explaining your medical situation and see if they will agree to voluntary dismissal. If not, try to get a lawyer involved. Some will do these types of cases pro bono so you don't have to pay.

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  • The Bank forgot to secure our HELOC and the house is sold is it now a regular CC card debt or still a HELOC?

    We sold our home 6 yrs ago.At closing we discovered the bank never secured our HELOC. We personally paid it off after closing with sale proceeds but later borrowed 80K from the still open HELOC /Unsecured loan, this was due to desperation in not f...

    Floyd’s Answer

    You did not say where you lived when the loan was taken out, but if you lived in New Mexico, the statute of limitations would be 4 years if they sued you in Arizona. If that's the case, you would have a complete defense. I would suggest you contact an Arizona consumer lawyer and have your situation reviewed.

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  • My credit report says im late on 8 chid suppot payments.ive never had child support order!

    i was reading my credit report and it says in california where my daughter lives and is now 26 years old that i have late on 8 child support payments.it says the open date was in 1996.there was no custody hearing and certainly no child support hea...

    Floyd’s Answer

    Attorney Atkins is correct. However, even the fact that the credit bureau is showing this item tells me that they possibly have you mixed with someone else. Call an Arizona consumer lawyer who has experience in credit report claims.

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  • Rec'd a call from Brewton Law Firm, regarding a returned check from '01. Am I still liable?

    Orig. chk am't $31, I pd a debt collector ETS $88 ('05). They (atty) stated I have a remaining bal. Brewton Law Firm, LLC (Atlanta, GA)

    Floyd’s Answer

    If you settled it, then you no longer owe anything. Even if you did not settle the debt in full, it is over 13 years old and the lawyer cannot force collection -- i.e. sue you. Have the letter from Brewton reviewed by an FDCPA lawyer in Arizona to see if it violates the law.

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