Frederick William Schwinn’s Answers

Frederick William Schwinn

San Jose Debt Collection Attorney.

Contributor Level 13
  1. Can I use a General Denial form ? ( California)

    Answered over 2 years ago.

    1. Frederick William Schwinn
    2. Frank Wei-Hong Chen
    3. Michael Stephen Agruss
    3 lawyer 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.

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  2. Contacted by Nelson & Kennard collecting a debt for another collection agency. Should I give them what they are asking for?

    Answered almost 2 years ago.

    1. Frederick William Schwinn
    2. Kathryn Ursula Tokarska
    3. Richard Scott Lysle
    4. Frank Wei-Hong Chen
    5. Bruce Allan Wilson
    5 lawyer answers

    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.

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  3. I was never served papers to appear in court and now I have a wage garnished set. What should I do about this?

    Answered over 4 years ago.

    1. Frederick William Schwinn
    2. John M. Kaman
    2 lawyer answers

    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 is...

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  4. Is medical debt still owed, or has statue of limitations passed?

    Answered about 1 month ago.

    1. Richard Scott Lysle
    2. Miguel Angel Iniguez
    3. Albert R. Limberg
    4. Frederick William Schwinn
    4 lawyer answers

    Every payment that you make restarts the statute of limitations. NEVER pay a debt collector.

    4 lawyers agreed with this answer

  5. When does the statute of limitations begin to run on the the enforcement of a debt?

    Answered 7 months ago.

    1. Frank Wei-Hong Chen
    2. Jason Blair Toon
    3. Frederick William Schwinn
    4. Robert J Adams Jr.
    4 lawyer answers

    It really depends on the type of debt. Garden variety credit card accounts are usually 4 years from the date of the last payment or charge (excluding interest, late fees, etc.), but may be 3 years depending on the choice of law provision in the Cardholder Agreement. On the other hand, promissory notes, like home mortgages, are generally subject to a 6 year statute of limitations under the UCC, and each payment has a separate SOL. Because you have noted a "balloon date" in your question, you...

    4 lawyers agreed with this answer

  6. Do I need a lawyer if I'm been sued for a bad debit

    Answered over 2 years ago.

    1. Frederick William Schwinn
    2. Frank Wei-Hong Chen
    3. John Addison Vos
    4. Susan Kathryn Ashabraner
    5. Richard Scott Lysle
    6. ···
    6 lawyer answers

    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.

    4 lawyers agreed with this answer

  7. I am being sued by a debt buyer,

    Answered over 1 year ago.

    1. Richard Scott Lysle
    2. Frederick William Schwinn
    3. Paul J Molinaro
    4. Robert Harlan Stempler
    5. Gary D. Bollinger
    5 lawyer answers

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

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do I need to file Bankruptcy for Debt Collection Defense? Any legal help available for no-income families?

    Answered over 2 years ago.

    1. Frederick William Schwinn
    2. Frank Wei-Hong Chen
    3. William James Waters
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Brachfeld & Associates is collecting an old credit card account. The sent me a copy that they filed a lawsuit against me.

    Answered almost 5 years ago.

    1. Frederick William Schwinn
    1 lawyer answer

    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 &...

    7 people marked this answer as helpful

  10. Can a judgment creditor attach my retirement income. Believe it's an annuity retirement defined benefit from state of California

    Answered over 2 years ago.

    1. Frederick William Schwinn
    2. Richard Omar Evanns
    3. Dorothy G Bunce
    3 lawyer answers

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

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