My ex borrowed five thousand dollars and signed paperwork saying he would pay monthly into my account. He hasn't deposited any money and is two months behind. On top of that he's calling and texting, harassing me from his phone as well as others. ...
I agree with the answers above. You will need a collections lawyer or a collection agency to get the money back. This is just some generic information for creditors.
The key to successful collections is information about a “way to go” from the debtor.
The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets his or her hands on the money, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale.
Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issue is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done. Never wait to collect because the statistical percentage of recovery drops drastically between day 59 and day 90 past the due date.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor.
If you suspect the debtor has transferred assets subsequent to your judgment or claim and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can also turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage.
I may not practice in your jurisdiction and you should talk with agencies and lawyers in the debtor’s area.
You can search the Avvo web site under the Find a Lawyer tab, or call your local attorney's Bar Association and ask for a referral to an attorney near you. But always remember to act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Helpful” review below. Please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck
I am desperately needed a house for my kids and I see all these abandoned homes and wanted to know what I need to do to move in and fix one up
I agree with the answers above. If you just move in , you are trespassing. Find the owner make a deal and either rent or buy. Don't fall for any rent to own scams or pay anyone who is not on the title.
A tree fell on our house in August, there is a hole in my ceiling making near impossible to heat and exposing my small children to breathing insulation in a place that he supplied an asbestos warning and has the insurance adjuster out and we haven...
I agree with the answer above and you need to pay rent until you have sent notice ( I know he knows) but the rules are the rules. If he does not respond then you can follow the statute and choose to move or use the rent to fix the issue. The statutes are very specific and you have to follow them to the letter. I added links below
I have been divorced for approximately 5 years. Divorce occurred in California. I am selling a property in CA which is currently in escrow. Escrow has been delayed due to my ex wife not signing to clean up title on both of our properties. Dissolut...
I agree with the answer above and if the dissolution ordered her to comply to sell , you may want your divorce lawyer bring a motion to compel performance asking the Judge to sign the deeds for her.
Landlord is stating that they must only give 24 hour notice to enter the unit, also they mail all there notices by regular postal mail, not certified or not posted to door or hand delivered. so since coming by mail and only 24 hour notice were get...
An inspection require 48 hours and showing to prospective tenants is 24 hours notice. See the statute linked below section six says, " The landlord shall not abuse the right of access or use it to harass the tenant, and shall provide notice before entry as provided in this subsection. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. The notice must also specify the telephone number to which the tenant may communicate any objection or request to reschedule the entry. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit."See question
still married, wishing to go back to maiden name
You were born with name and can use it anytime you want. There is an Attorney General Opinion about it that you can use to get petty bureaucrats to see it your way. This is a quote, "
It is not legally necessary, in order for a previously married woman to change her last name following a dissolution of marriage, for her to seek and obtain a court order so changing her name pursuant to RCW 4.24.130 or RCW 26.09.150.
So you can change it back when you get divorced under Washington Attorney General Opinions
1985. AGO 1985 No. 10.
I have always had a fence in place. Neighbor moved in and after a few years the fence need to be re done. I paid for the materials and her son in law offered to do the labor I think? Neighbor wanted to have the cement block with the bracket on to...
I agree with the answer above and in most cases the fence belongs to the person who owns the property underneath If the fence is on your property you can do whatever you want. However you cannot go onto her property without permission and she has denied that so you may have engineer another solution. Even if it more expensive I will guess moving a post is much cheaper than going to court.
My landlords son who is suppose to be the maintenence man lives in a 4 unit building across from me. He knew 2 years ago there were bedbugs in the building he claims he got rid of them and now is playing dumb. My children and I are living out of...
I agree with the answer above and written notice ( ink and paper) is the way to start with a landlord. If your landlord has breached the warranty of habitability ( with the known infestation), written notice is the start of the process and texting ( unless it is your lease) is not proper notice.
I took out a short term loan, paid a couple of payments then could not make payments. they are now telling me they will take me to jail, file fraud charges,, and some other charge. can they do all of this?
No only a judge can send you to jail. The threats are violation of the FDCPA file a complaint with the state Attorney General right away.
You need to consult with a consumer protection or bankruptcy lawyer locally for private and specific advice on your particular issues.
Many lawyers on this site offer a free consultation and you can find one near you by using the Find-a-Lawyer Tab above and make an appointment for legal counseling, and take your paperwork and a written chronological summary.
1. Keep a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDCPA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.
2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c). The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of their file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information pressure from the original creditor to collect.
3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. Remember they may not tell the truth and will say just about anything to get a payment from you and that payment reaffirms the debt, gives them information about you and your bank and ability to pay.
4. If you are going to make payments use money orders only and never personal checks, wire transfers, money grams, or “check by phone.” If the collector finds a bank account, the collector will be more likely recommend a lawsuit to their legal department.
5. Collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.
If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining that you are offering a settlement, keep copies of everything.
6. Get written confirmation of any payment plan the agency will accept before making a payment.
7. Specify in writing that all payments shall be applied to principle first.
If you’re ready to throw in the towel, go see a local bankruptcy attorney and explore your options for federal protection. The protection will even look back 90 days from filing, get back money taken by the collectors, and apply it fairly.
DO NOT use a paid debt settlement service; most of them are scammers.
Links to your rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Debt validation template
Look for a qualified consumer protection attorney for a low cost or free consultation:
If this answer was helpful, please mark as helpful below. Be sure to indicate the best answer. Good Luck
Washington collection agency complaint form: http://www.dol.wa.gov/forms/600006E.pdf
Washington statute regulating collection agencies: http://apps.leg.wa.gov/rcw/default.aspx?cite=19.16
Consumer rights in Washington: http://www.dol.wa.gov/business/collectionagency...
You can search the Avvo web site under the Find a Lawyer tab. Act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are.See question
I was cited for traveling over 300 feet in turn lane. I intended on traveling >300 feet in turn lane but was in an accident. I was not at fault for the accident and the officer was not present to witness how far I traveled in the turn lane. I t...
The officer's affidavit may be based upon an improper foundation as he did not witness how far you travelled. If you want to have the ticket dismissed, you should use the find a lawyer tab above and hire a lawyer that is local and handles traffic matters.