Hyung S Choi’s Answers

Hyung S Choi

Chandler Litigation Lawyer.

Contributor Level 7
  1. Can I sue a company for sending me to collections by mistake?

    Answered over 1 year ago.

    1. Hyung S Choi
    2. James Portman Webster
    2 lawyer answers

    You should be able to remove the collection account by sending a dispute letter to the credit reporting bureaus. Your dispute letter should include the proof that the bill was paid. I suggest you send the dispute letter via certified letter, return receipt requested. Once the credit bureaus receive your dispute letter, they have 2 obligations: forward your dispute to the collection agency (furnisher) and conduct an independent investigation. The collection agency then must conduct an...

    6 lawyers agreed with this answer

  2. Please help, I'm unsure what it means by taking action on a judgment.

    Answered over 1 year ago.

    1. Hyung S Choi
    2. Thomas John Cesta
    3. James Portman Webster
    4. Jeffrey Scott Hyslip
    4 lawyer answers

    Generally speaking attempting to collect on a judgment does not renew the judgment. Specific steps must be taken to renew a judgment. I think it best you have an attorney review the documents and determine if the judgment creditor maybe subject to FDCPA, and if it violated the FDCPA by its actions. For attorneys that handle this type of cases, you look for an attorney listed in http://naca.net/find-attorney, the website for National Association of Consumer Advocates.

    6 lawyers agreed with this answer

  3. What can I do if my ex husband has been using my social to check my personal info like my credit score?

    Answered almost 2 years ago.

    1. Hyung S Choi
    2. Amy Lavonne Wells
    3. David J. McCormick
    3 lawyer answers

    An ex-husband’s new address appearing on the ex-spouse’s credit report does not necessarily indicate that the ex-husband has been accessing the ex-spouse’s credit history. If there was a joint account, and that joint account was not closed after the divorce, then it is possible that the ex-husband’s new address may appear on the ex-spouse’s credit history. This is a good reason why one should strive to close all joint accounts, or at least remove the non-responsible spouse’s name from the...

    6 lawyers agreed with this answer

  4. Payday loan check fraud??

    Answered over 1 year ago.

    1. Hyung S Choi
    2. Kaitlin Sofia Verdura
    3. Dorothy G Bunce
    4. Tregg Robert Lunn
    4 lawyer answers

    You need not worry about these illegal threats. This type of calls are happening frequently. They violate the Fair Debt Collection Practices Act. I am also guessing that the entities or individuals involved in these calls are criminal organizations often based outside of the USA. Many calls appear to be originating from South Asia (India or Pakistan). I believe advances in technology are allowing these entities access to information about you and ways to make telephone calls inexpensively. I am...

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  5. Collection on credit not mine for 8 years Debt collector can't provide proof won't remove from credit. Been disputing for 8 yrs

    Answered over 1 year ago.

    1. Hyung S Choi
    2. Mark Hankins
    3. Andrew M Ellis
    4. Vince Rabago
    4 lawyer answers

    You should get all of documents related to this issue and consult with an attorney that handles both FDCPA and FCRA claims. The documents (if you have them) should be: Your current credit report from all 3 credit bureaus letters to and from this abusive collector dispute letters to and from credit bureaus the attorney can help you properly deal with the abusive collector and credit bureaus. The process of properly disputing with both the collector and credit bureaus could take some...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a private investor collect monies or garnish wages from us if we default on our note in Arizona?

    Answered almost 2 years ago.

    1. Hyung S Choi
    2. Dheeraj Kumar Singhal
    2 lawyer answers

    Generally speaking, any creditor can garnish wages if you are in default, and after the creditor sues you and obtains a judgment against you. However, when the creditor is a purchase money mortgage holder for Arizona home, there are some complications for the creditor. For example, the creditor must make a choice between suing you on the note, or seek rights under the deed of trust (i.e, foreclose on the property). if the creditor decides to foreclose, then the crediot cannot seek deficiency...

    4 lawyers agreed with this answer

  7. Should I pick up my car from the dealership service center if I'm starting the process of returning car per lemon law?

    Answered 6 months ago.

    1. Hyung S Choi
    2. Jessica Farrah Anvar
    2 lawyer answers

    Yes, you should definitely pick up the car. Until Nissan takes the car back, it is your car. Make sure it is insured and kept in a good condition until Nissan takes it back. And you must make payments, if any, to protect your credit. You do not want to give any excuse to Nissan on why it will not take the car back. The dealer may attempt to act as a "go between" in this process. That may include an offer to keep the car until the buyback. Do not be fooled. Your warranty dispute is...

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  8. I was summoned for a writ of garnishent in az by midland funding, can i file a motion to vacate judgement?

    Answered over 1 year ago.

    1. William W. Fife III
    2. Andrea L Crawford
    3. Hyung S Choi
    4. Richard H Lee
    5. Kris K. Skaar
    5 lawyer answers

    I agree with other lawyers that have already responded. You should get a lawyer to help you. Another possible avenue is to obtain a copy of the Service of Process. It should describe the person that was served. Typically, it will provide the approximate age, weight, height, etc. If you can prove from the description or other methods (for example, you were living at a completely different address), you should send a written letter to Midland's attorney along with the proof that your father...

    3 lawyers agreed with this answer

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  9. Just got back the paid in full letter from collections but my last name is spelled wrong. will this still update credit report?

    Answered over 1 year ago.

    1. Hyung S Choi
    2. Amy Lavonne Wells
    3. Dheeraj Kumar Singhal
    3 lawyer answers

    It is difficult to predict how the collection agency will report this account to credit bureaus, or how credit bureaus will report it. It is possible that even if your name is spelled wrong, credit reporting bureaus may still correctly report this based on account number, your social security number, your DOB, etc. Since the collection agency got its money and is no longer interested in spending any time to be a decent business entity, there is not much you can do at this time. That does...

    3 lawyers agreed with this answer

  10. I had a dispute on a medical bill in 2006, the bill went mia... Now it just showed up on my credit report . Can they do that?

    Answered almost 2 years ago.

    1. Hyung S Choi
    1 lawyer answer

    Setting aside the issue of whether you actually owe any money, the collection account and the original account, along with all previous late payments can be reported for up to seven years from the original delinquency date. The original delinquency date is the first date that the account became late and after which was never again current. Thus, the timing of the report on your credit history probably is legal. However, it appears the hospital or the collection agency cannot legally collect...

    3 lawyers agreed with this answer