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Carl H Starrett II

Carl Starrett’s Answers

1,181 total

  • This morning my account was levied by a law firm acting on behalf of a collections agency. Do they have the right to do that?

    I have a credit card debt that I owe that I have been paying on for years. The credit card company then sent my debt to a collection agency. After struggling to maintain a payment plan due to unemployment, my debt was then managed by a law firm ac...

    Carl’s Answer

    You should take the paperwork you signed to a local attorney, but you may have signed a document allowed them to enforce the settlement as a judgment if you missed any payments. When the creditor sues the borrower and they reach a settlement agreement, this a very common settlement arrangement.

    It might even be stipulated judgment. If they have a judgment and you defaulted on the payments, chances are pretty good that they have the right to seize your bank account.

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  • Besides bankruptcy, how can you offset debt?

    It is my understanding that under Public law: Chapter 48, 48 Stat 112 that debt can be offset due to the Gold standard provision from 1933. Is this true? Can you give an answer that lacks sarcasm and gives some insight? Appreciate your time.

    Carl’s Answer

    On June 5, 1933, the U.S. Congress abrogated the "gold standard" in Joint Resolution 192, 48 Stat. 112, which formally required that obligations of the United States would be exchanged by the Department of the Treasury by gold or silver coins of the same denomination, and replaced it with the current standard which provides that obligations "shall be discharged upon payment, dollar for dollar, in any coin or currency which at time of payment is legal tender for public and private debts."

    The law, which was affirmed as constitutional by the U.S. Supreme Court in Norman v. Baltimore & O. R. Co., 294 U.S. 240 (U.S. 1935), effectively permits U.S. currency to "float" with the exchange rates of other nations, because the currency is valued whatever someone is willing to pay for it, either in other currency or in goods or service.

    So basically your understanding is wrong and you should stop reading that sovereign citizen nonsense.

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  • Do I need a debt defense attorney

    I received a phone call from Forever Processing stating in the process of filing a felony warrant with the sheriff's dept. on behalf of Brookhaven Legal Services, WV . There is $1958.58 outstanding insufficient funds fees on a payday loan. The pa...

    Carl’s Answer

    This call is almost certainly a scam designed to scare you into paying a debt that you do not owe. Here's and article I wrote about this problem a few years ago:

    There is probably very little that you can do beyond ignoring the calls. They usually come form an overseas call center will no way to track down the call. It wouldn't hurt to call your bankruptcy attorney for further advice, but I would block the calls and check you credit report for false entries.

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  • Should a security deposit for a vacation rental be refunded due to misleading information regarding handicap accessibility?

    The web site of a beach house rental advertised as a wedding venue had the description "suitable for the elderly and infirmed". A deposit for $1,500 was made online to book the house one year in advance. A tour of the property shortly afterwards...

    Carl’s Answer

    File a small claims action and the let the judge decide.

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  • Small claims court?

    I am a wedding coordinator and during the wedding day I had to leave the premises to gather my medicine for my chronic migraines. On the way back I was pulled over and had a warrant out for my arrest that I was unaware of. The Bride and Groom are ...

    Carl’s Answer

    Offering a partial refund to settle the case before it goes to court might be helpful to avoid the stress of a trial. However, it is impossible to predict what a small claims judge might do. They don't have to justify their decisions in writing, to a judge might do what he or she thinks is fair instead of what the law requires.

    If I pay you for 12 eggs and you only give me 11 and I used them, I don't get the 11 for free. I should only get a refund for the 1 egg. So, the real question is what remaining things were you supposed to do that you couldn't because of the arrest? And did anything go wrong because you weren't there?

    Honestly, I would be more concerned about reviews they might post online on websites like Yelp or the Better Business Bureau.

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  • Chapter 7 bankruptcy mail

    How does the bankruptcy court mail the notice of the meeting of creditors (first class mail, priority mail, certified mail)?

    Carl’s Answer

    They send it via regular first class mail. It usually takes about 3 business days for them to send it out after you case is filed.

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  • Do I need an attorney? Should I go to the police first?

    Unlicensed contractor blackmailing me to pay additional money. He is charging me for amounts that are not in the contract. I already paid him more than what was agreed on the contract. He did work without permits. He put a Mechanic's Lien on my ho...

    Carl’s Answer

    The police aren't likely to do anything. They will probably call it a civil matter and to hire an attorney. if you want to complaint to a government agency and not hire an attorney, you should complain to the Contractors State License Board.

    if the person is truly unlicensed, you might be able to sue and get all of your money back. Also, recording a mechanic's lien is not as big of a deal as it sounds.

    if you need an attorney in San Diego with experience in construction law, feel free to contact me.

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  • Is a contractor entitled to monies for job he never completed three years ago? Can he still file a lien against my house

    Job was never completed. Now 3 years after he is demanding money

    Carl’s Answer

    It is far to late for the contractor to file a mechanic's lien. However, the contractor may have time to file a lawsuit for breach of contract. It really depends on why project wasn't finished.

    Let's say the contractor did 75% of the work and you only paid for 50%. The contractor could sue you up to 4 years later if you had a written contract.

    No if you don't fee that you owe the contractor any money, you can negotiate a settlement or have you day in court if the contractor files a lawsuit. If the contractor did bad work, you can also file a complaint with the Contractors State License Board.

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  • I received a notice from a Collection Service asking for payments on two checks that were written in 2012 and one in 2013.

    I filed bankruptcy in March 2012, I thought this would have been included. What leg do I have to stand on?

    Carl’s Answer

    It sounds like you may have bounced some checks. Bankruptcy doesn't cover debts incurred after you filed your case, so it depends on when you wrote the checks.

    If you bounced a check before filing and forgot to include it in your bankruptcy, the debt may still have been discharged if you had a "no asset" case but you should talk to your bankruptcy attorney about about that.

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