How can I surrender my R.V. safely?:
I live in Florida, full time in my R.V. the last 3 years. Due to the virus stay at home order and my work profession as a medical massage therapist, I have been unemployed since March. I have struggled to receive unemployment assistance in Florida due to filing issues with the state system.
I am self employed, and now have the responsibility of caring for an ill parent. Due to my occupation, I have basically lost my clientele as most are older, immune compromised, and do not want to risk working with me which I respectfully understand. I am making the choice to move in and care give for my parent as my options are running out and they need the help.
The R.V. is upside down and will not sell to cover what is owed. I understand the negative credit hit and a judgment is likely. The lending company offered a few months deferment in March that goes on the back end of the loan. At this point I won't be able to make the payment as Florida again is surging with virus orders and my business has stopped.
I appreciate any advice on the best way to proceed with a voluntary surrender, what to ask for when dealing with the lender and repo agent? Thank you sincerely...
Ian’s answer:
Surrendering collateral that one can no longer afford can be tough. If you are asking about the actual mechanics of surrendering the RV, we have used Collateral Bankruptcy Services, LLC ("CBS") to provide notice creditors of your desire to surrender the collateral, then secure, tow and safely store collateral until the creditor can get it. If after surrendering the RV the creditor continues to get aggressive and pursue you for monies owed, you may need to consider a chapter 7 or chapter 13 bankruptcy. If, however, the creditor takes the RV and does not seek a deficiency (which may be rare) the problem ends there. Finally, you may also have creditor harassment rights under the Florida Consumer Collection Practices Act if the creditor gets too aggressive in their collection efforts.
If you want to inquire to CBS about the actual notice and pickup, you can inquire here:
www.collateralbankruptcyservices.com/pickup
If you need to discuss bankruptcy or debt settlement options, you should speak to an attorney well versed in both bankruptcy and out of court debt settlement. Regardless, we wish you the best of luck.
How can I file a lawsuit against my father for identity theft?: My father used my social security number to apply for student loans when I was 3 years old and opened other accounts in my name. Now I can't get financial aid because he still owes for these student loans.
Ian’s answer: Once you get the responses from the disputes you send to the credit reporting bureaus you will better know what claims you may have and what lawsuits may be filed against the credit reporting bureaus or creditors. If the reports are updated, you could be cleared and not have the need for suit. More likely, however, you may need to dispute the accounts again and possibly thereafter file suit. The Fair Credit Reporting Act is a complicated law; contact an FCRA attorney to help you with your case. Good luck!
Does an attorney hired by an HOA need to abide by the FDCPA?:
What happens if I send a validation letter to an hoa attorney trying to impose ridiculous collection fees. I sent a validation of debt letter requesting validity of all amounts due and a detailed ledger including the collections costs, but they responded with an amount that didn't include the ridiculous costs but the letter specifically stated that the letter did not include cost.
What can I do?
Ian’s answer: If the condo and the HOA/COA assessments associated with it were incurredfor personal, household or family use, yes. If it was an investment condo or home, no. The FDCPA only applies to consumer debt.