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Robert Lyman Hyde

Robert Hyde’s Answers

25 total

  • Debt collection agency took my refund!

    They took my refund after I spoke to them and had plans to pay them in monthly payments. I sent all the documents they asked for and they still went ahead and took my refund! I have 3 kids under the age of 7. I'm the only one working and been work...

    Robert’s Answer

    To bankruptcy attorneys, the answer is always bankruptcy. If you had a plan in place with the debt collector, and the debt collector subsequently violated that agreement, that violates the FDCPA. You can generally sue (your attorneys’ fees and costs will be paid by the debt collector if you prevail) and get the money back. People need to use care before going bankrupt. It should be the LAST solution, not the first one.

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  • How do I fight Edison ?

    They put my boyfriends outstanding bill on my account. They say I now owe 1,000 because I " bennifitted" from the electric. The girl in the back unit ran our bill which was running 100 or so a month for 2 years. She moved in and ran it 1000 in 3 ...

    Robert’s Answer

    • Selected as best answer

    Sounds as though you are not responsible. Write them a letter and tell them you do not owe the debt, will not pay the debt, and that they are not to communicate with you any further. If they contact you after that, you can sue them and must pay you money.

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  • Can I get my case re-assigned to a CLOSER courthouse?

    I am being sued by a Persolve LLC, a 3rd party bill collector. Originally their case was filed in the Beverly Hills Courthouse, and a resolution meeting and trial were set for June/Sept in BH. TODAY, i just received notification that the case has ...

    Robert’s Answer

    It is a violation of the FDCPA to sue someone in the wrong venue. If the location has been changed, either the new location violates the law or the old location violates the law. You can, and should, sue them for that. Try this:

    http://www.westcoastlitigation.com/evaluations

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  • Can attorney's fees be used to sue me in Superior Court?

    California + I'm being sued for $6,000 in unpaid HOA fees. The Complaint that I was served with includes $5,000 in attorney's fees. Can they used their fees to propel a case out of Small Claims Court and into Superior Court. If so, wouldn't this l...

    Robert’s Answer

    You can be sued for attorneys fees if it's part of your agreement with the HOA. That said, they must be "reasonable," and HOA debt collectors are notorious for violating the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act").

    You need to contact our office. We have defended people who have been sued for HOA fees many, many times. The chances are very high that your rights are being infringed upon and in the end it is the collector that may well owe you money.

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  • A collection agency is attempting to collect a debt on a medical bill from a practice that dissolved when the owner died.

    Is this debt still valid? Can I inform the collection agency of this and have the debt erased? What's the statute of limitations on this kind of debt?

    Robert’s Answer

    This is a complex issue, but if you fill out the form below we may be able to assist you. There is no charge.

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  • Can you do a bank levy and a wage garnishment at the same time?

    i won a judgement for money from my divorce and my ex refuses to pay. he also claims that if i try any levy's or garnishments that he'll file an exempt appeal. just so i won't get anything. He half owner of a business plus he has another job. H...

    Robert’s Answer

    Yes - you can do both.

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  • In CA, how do I find the statute of limitations on a medical debt owned by a collection agency?

    The doctor who owned the practice has died and all of the billing has been destroyed. There is no record availbale of my billing history or agreements with this office anymore. How do I communicate this to the collection agency? If the statute of ...

    Robert’s Answer

    It is unlikely that the collection agency will care. They aren't exactly know for being sympathetic. They will still demand payment. The best thing you can do is write them a letter (not a telephone call), telling them you do not owe this debt and you do not intend to pay this debt. Also tell them to stop contacting you. Keep a copy of the letter. If you hear from them again after that you will likely have a lawsuit against them under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.

    You can also contact us for a free consultation at the link below.

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  • What do I do?

    Dear Counselor, I'd appreciate your legal advice. I am being sued by Midland Funding [MCM] for $3,024.71, an outstanding credit card debt originally owed to Sears Co. I believed Sears had charged off this debt several years ago. ...

    Robert’s Answer

    You definitely need an experienced consumer rights attorney. Mr. Kazerounian is a great choice considering his experience and location. He is in Santa Ana, CA. You should give him a call.

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  • How do I stop a company based in Canada from harassing me about a time barred debt?

    This was a payday loan from 2001.

    Robert’s Answer

    • Selected as best answer

    Our office files FDCPA claims against abusive debt collectors. If this debt collector has been "harassing," you they have violated the FDCPA, as well as California's Rosenthal act. It does not matter that they are from Canada, and contrary to the opinions of some of my colleagues, you can still sue them. However, these people may be scam artists. Many people involved with collecting on payday loans are scam artists.

    You should contact an attorney, and possibly bring a lawsuit. You can contact our office at the link below.

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  • Shall i settled with the collecting agency.

    i dont know how much i owe but the bank they names i know i have a account with i did write a couple of check that never clear.wrote bad checks on a bank account over 5 years ago. collector call 3 day ago telling to pay before it go to court. and...

    Robert’s Answer

    This sounds like a case where you have a good statute of limitations defense. You need to contact the lawyer.

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