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Young Walgenkim

Young Walgenkim’s Answers

36 total

  • I was sued by a collection agency and I wonder if I need to take any action.

    The filing date is July 2012. I was not served. In the court website, I see the following. Serve Required (WaitS) (JAN 2013) CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITH...

    Young’s Answer

    The record seems to confirm your claim that you were not served. If you were not served, they cannot get a default judgment against you. I suggest you call the court clerk and get clarification on what the notes mean.

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  • Can i go to jail or loose my job after being sued by a loan company before going to court

    A loan company is seeing me for unpaid loans and their lawyer called my jobs saying that i will have warrants out and loose my job and did not want to come up with a payment plan

    Young’s Answer

    If this is a consumer debt, what they are doing is likely a violation of the Fair Debt Collection Practices Act. (Contacting you at work, threatening arrest, threatening action they cannot legally take, etc). Consult a consumer attorney in your area that handles FDCPA issues to see if you have a claim against them. Your attorney should be able to stop them from harassing you and maybe recover damages for their violation. You can find a list of consumer attorneys in your area at the NACA website:
    http://naca.net/find-attorney

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  • What kind of information about me does a company need to sent my debt to collection agency???

    An online store is claiming that I have money owe to them. I never purchase anything nor heard of them before. I believe this is a case of identity theft.

    Young’s Answer

    • Selected as best answer

    Send a verification request in writing to the debt collector ASAP. A debt collector generally has no duty to investigate the validity of the debt until the debtor requests verification. If they realize there was an error, they may stop collection activity.

    It is a good idea to contact a consumer lawyer in your area to help you protect your rights. You can find a good list on the NACA website:
    http://naca.net/find-attorney

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  • Does a company have a right to garnish money from a checking account without prior notice?

    We found out today that our checking account has been garnished. There was 1300 dollars in there and $600 of that was child support money. Do they have a right to do this without notifying us and do they have a right to take child support money?...

    Young’s Answer

    Generally, they need to have a judgment against you before they can start garnishing your bank account. Even with a judgment, they need to send you a notice of garnishment and allow you a chance to challenge the garnishment. I would go to the court and find out if you can still challenge the garnishment.
    Also, it's a good idea to contact a consumer attorney in your area for help. You can find a list of consumer attorneys on the NACA website:
    http://naca.net/find-attorney

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  • What is the statute of limitation on fraud in ore and federal law

    they say i did a payday loan back in 2008 and never paid and are threatening legal recourse on me in Oregon

    Young’s Answer

    • Selected as best answer

    Oregon has a 6 year statute of limitations. I suggest you contact a consumer law attorney in your area to help protect your rights. A good resource is the NACA website:
    http://naca.net/find-attorney

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  • What type of attorney do i need?

    i got a letter from an attorney while i was out of the country recently saying they are preparing to sue me for a supposed cc debt from 2009. now this week i got a USPS registered letter notice, and the tracking number traces to the town the lawye...

    Young’s Answer

    You should talk to a consumer law attorney in your area. A good source is the NACA website:
    naca.net/find-attorney

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  • Can a debt collector put a levy on my bank account without me seeing a judge or without notice?

    just received a letter last mount that there was a judgment against me.never had about them.

    Young’s Answer

    I agree with the previous answers. I would also like to add that if you were not properly served, then you may have grounds to vacate the judgment. You should contact a consumer lawyer in your area to help you.

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  • There is somebody trying to serve me with a summons for a credit card debt. what should i do?

    They say that if i don't contact them then it's forwarded to the sheriffs dept. Are they going to arrest me? What happens if i do or don't appear at court and there is a judgment against me and can't pay, what will happen? I have no income or asse...

    Young’s Answer

    If a debt collector threatens arrest it may be a violation of Fair Debt Collection Practices Act (FDCPA). Likely, they are intending to send it to the sheriff to have him serve the papers to you not arrest you.
    If they obtain a judgment against you, they can garnish your wages and bank accounts, and seize non-exempt assets.

    You should contact a consumer lawyer in your area to help protect your rights.

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  • How do you stop calls from debt collector trying to collect a debt I do not owe.

    Eric Foster of California is trying to make me pay something I don't owe. Will not give me details of the debt except a balance owed...Will send sheriff to arrest me if I do not purchase a green card and call him with the money.

    Young’s Answer

    I suggest you contact a consumer lawyer in your area immediately. Threatening arrest or imprisonment for non-payment of debt can be a violation of the Fair Debt Collection Practices Act (FDCPA). Many states also have statutes prohibiting such behavior.

    In addition, the easiest way to get them to stop calling you is to have an attorney send a letter. Once the debt collector knows that the consumer is represented, they are forbidden by the FDCPA to contact the consumer directly.

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  • Midland Funding collecting on past account

    Attorneys for midland funding sued me, i had adked for debt valitition. I did not receive any. They got awarded a garnesment. I believe the account they are after is past the time limit as stated by law and was paid. Question is....can i su...

    Young’s Answer

    I agree with the previous answer. In addition, your claim against them for violations of Fair Debt Collection Practices Act has a one year statute of limitations. I suggest you contact a consumer lawyer in your area to discuss your rights. A good source for a list of consumer lawyers is the NACA website:

    http://naca.net/find-attorney

    See question