Frederick William Schwinn’s Answers

Bank One has been out of business for several years. Moreover, their cardholder agreement has a Delaware choice of law provision, making the statute of limitations 3 years instead of the normal 4 years. You should seek the advise of an experienced debt collection defense attorney before filing an Answer. If the consumer account is beyond the statute of limitations, you may be able to get an attorney to represent you at no cost.

Nothing that you do or say will stop Nelson & Kennard from filing a lawsuit against you. They are simply using your fear of a lawsuit to get information from you that they can then use to collect the alleged debt. Providing the information they are asking for will make it easier for them to harass you later. Give them nothing.

Yes. You need a lawyer. There are several defenses to these type of cases. An experienced debt defense attorney may be able to win the case for you cheaper than paying the creditor.

You need to consult with an experienced collection defense attorney ASAP.

If you receive lawsuit papers, you will need the assistance of an attorney to respond appropriately. Until you receive lawsuit papers, you can likely handle this yourself. This does not mean that you should pay. NEVER pay a debt collector pre-lawsuit unless done with the assistance of experienced legal counsel. For now, if FF&G is calling you, you can send them a cease and desist letter to stop the calls.

In the past 4 years my office has defended hundreds of collection lawsuits on Northern California, many of which were filed by Erica L. Brachfeld of Brachfeld & Associates. In the cases that I have represented to consumer being sued, Brachfeld & Associates have NEVER been able to produce any proof that the debt they are collecting is legitimate. Based on this experience, my office would NEVER advise someone to pay Brachfeld & Associates. Anyone who has received a Summons from Brachfeld &...

CalPERS and all other public pensions are exempt from attachment or levy by judgment creditors pursuant to California Code of Civil Procedure § 704.110.

Opinions are like belly buttons, everybody has one. Lawyers are no different. The first guy has one answer for every question. A guy with a hammer sees nails everywhere. The second guy blasts the first guy, justifiably, but then reads facts into the question that simply do not appear. Where does the question say that this is a "support obligation"? In my opinion, this sounds like a garden variety case of mistaken identity or sewer service. Either the debt is yours or it is not. If it...

You need to consult with an experienced collection defense attorney ASAP.

Yes you need a lawyer. There are lawyers in San Jose who defend debt buyer lawsuits at very affordable rates. You will lose and your paycheck will be garnished unless you can beat these guys.