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Rachel Hunter’s Answers

1,054 total

  • How long does a collection attorney have to respond and provide verification of debt?

    I received a collection letter from a collection attorney that a bank is wanting to collect on a debt relating to a foreclosure. I responded and denied the debt within 30 days and requested verification. The foreclosure sale was in August of 2011.

    Rachel’s Answer

    You do not provide relevant details. After the foreclosure sale, the first lender has 30 days to seek confirmation if they intend to pursue a deficiency judgment. Is the first lender who foreclosed contacting you?

    What is more commonplace is for second/junior lenders to try to collect the debt. They are not suing to foreclose because the foreclosure wiped out the lien. But they will sue on the note.

    There is no time limit for responding to a request for verification. Some creditors do and some do not - on average, i have seen creditors respond within 60-90 days after your dispute is sent.

    On what basis are you disputing this? I would suggest that if you are sued, that you immediately take the papers to a consumer defense/FDCPA/FCRA attorney and have this reviewed to see if the law firm violated any laws in suing on the debt without verifying or whether the bank is improperly attempting to collect a deficiency.

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  • Acknowledgment of Assignment of Judgement

    Does Georgia allow for judgements to be assigned to 3rd party individuals for the purpose of collecting on the debt on a contingency basis for the judgement creditor? I was told I would need to file a ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT in o...

    Rachel’s Answer

    • Selected as best answer

    Yes, judgments can be reassigned as far as I know. Don't rely on California law though. I have not researched the issue but I don't know if there are any formal requirements other than getting a piece of paper signed by the current judgment holder indicating that they are selling you the judgment debt. This may be filed in the court action and a substitution of party made so that you will now be listed as the plaintiff.

    I don't know what you mean about collecting on a contingency basis though. You either own the debt or you don't. The judgment holder can hire a debt collector or anyone else to collect a judgment (usually they would hire a lawyer who would pursue wage garnishment or other collection efforts). If you are not owning the debt then nothing needs filed.

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  • Why pay collections or charge off before seven years?

    I have an account that has been charged off. From what I understand this will not be removed from my credit as a negative item until seven years pass. Should collection/charge-offs still be paid or is it a 7 year wait once you mess up that badly?

    Rachel’s Answer

    Charge off has nothing to do with enforceability of the debt in a lawsuit. You have 2 issues - one is credit report and one is underlying debts.

    The statute of limitations in Georgia is 4 or 6 years depending on what kind of debt it is. The statute runs generally from the date of default.

    Has the statute of limitations expired or not? If the statute has expired, then you cannot be sued. Any payment by you will revive the statute. There is no reason to pay a debt once the statute of limitations expires unless you are trying to buy a home and the mortgage lender would require it. Even then, I would recommend just waiting another year until the debt drops off your credit report, then cleaning your credit and then applying for a mortgage.

    If the statute of limitations has not yet expired, then what do you want to do? If you have no need to apply for credit then I would not recommend paying. If the creditors are not bothering you then you do not want to get them all stirred up unless you intend to resolve the debts. Some creditors will do what is called "pay for delete" and remove the negative item if you pay in full or in settlement. This is not proper if the debt is really yours or one for which you are responsible. If you settle, the more typical effect is for your credit report to read "paid debt settled" or "paid collection." It does not remove the item or negative information. If you are going to do this, make sure that you get a settlement letter from the creditor BEFORE you pay and that the letter indicates that the debt will be regarded as settled in full and that there will be no further efforts to collect the balance owed.

    I recommend that you speak to a lawyer before you do anything.

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  • Can a wife sell a house titled in the husband's name if the husband becomes mentally incompetent?

    The husband bought the house for cash and used his own money.

    Rachel’s Answer

    Whether the husband paid for the house with his cash is not important. What is important is whether the wife has a power of attorney executed by the husband before he became incompetent or whether the wife has been appointed as conservator of the husband's property. If so, then wife can use the power of attorney or conservatorship to sell the the property and use the funds for the husband's benefit.

    I suggest the wife see an elder law attorney who specializes in adult guardianships.

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  • What do i need to no About filing with small Claims court if i can discuss With u to much appreacation Thanks

    Thanks for help

    Rachel’s Answer

    What do you want to know? Are you the plaintiff or defendant? What is the case for?

    There are plenty of free guides put out on the procedure. Here is a link to one:

    You need to re-post your question with more details about the nature of the case. The advice would be different depending on the type of case - a landlord tenant eviction for non-payment of rent is not the same as a suit for defaulting on a credit card debt. It also matters on whether you are the plaintiff or defendant.

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  • I think I may be getting paper for a credit card but I just set up payments so will they still serve me a summons Iive in PA

    A cop came to the house but I was not home I do not want to go to court I set up a payment plan so what do I do now if they still come to serve papers

    Rachel’s Answer

    You leave out too many details. When did you make the payment arrangements? Before or after the visit from the constable/sheriff? Did you get the terms of any agreement in writing? Did the law firm agree to dismiss the case or get you to sign a confession of judgment? Depending on your situation, making payment arrangements may not have been the best thing.

    When you receive the lawsuit papers, please immediately go to a credit card defense/consumer lawyer and have these papers including any alleged agreement reviewed to see what your best options are.

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  • A judgment was filed in Catawba Co. in Feb of 2008 but no renewal judgment has been filed since. SOL is 5 years in NC.

    Is the judgment now dead and no longer enforceable?

    Rachel’s Answer

    No. Judgments last forever. The statute of limitations is NOT 5 years and I don't know where you got that idea. Its 3 years for most things, but there are some longer and shorter statutes.

    The statute of limitations only determines whether an action is timely filed. It begins to run from the date on which a lawsuit could be maintained or a bad act of some kind occurred. Once a judgment is entered the statute of limitations does not apply.

    In terms of enforcement purposes, judgments last for 10 years but can be renewed for an additional 10 years. If the judgment was entered on 2008, then it is good until 2018 and if renewed then until 20 28,

    You need to think about how you are going to resolve the judgment - either by paying full, settling or by filing bankruptcy. If you are interested in resolving the judgment in a non-bankruptcy context, please contact me at Otherwise, you should see a bankruptcy attorney in your area.

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  • I am co-owner of a home in which I reside, can my home be seized and sold for payment on judgment or is lien placed on property?

    I own half of the home in which I live, someone else is also on the deed. I have an old judgment, and apparently was served with a notice of rights to have exemptions designated 21 days ago - I wasn't home and the person that received apparently ...

    Rachel’s Answer

    No. No one wants half a house. Did you fill out your exemptions and file them? If not then you waived them.

    What assets do you have that would be at risk? I would be more concerned about bank accounts or any property that you own free and clear which could be seized and sold, like a car or non-exempt funds sitting in the bank.

    What is the judgment for? How much is the judgment? Have you thought about resolving the judgment? You need to think about that - the judgment needs resolved by way of settlement, payment in full or bankruptcy. You will not be able to sell the home unless you satisfy the judgment.

    If you are interested in a non-bankruptcy resolution, please contact me at If the judgment is large or if a combination of the judgment and your other dischargeable debts is over $10,000, then you may want to consider bankruptcy. In such case, there are plenty of lawyers in your area who give free consults.

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  • Does a pending unrelated civil lawsuit, affect clear title of a home?

    I am currently in the middle of a lawsuit with Ford for a deficiency judgment, and I am also trying to negotiate a deed in lieu of foreclosure on my home. Both actions are unrelated. Ford has not yet received a judgment or lien - litigation is p...

    Rachel’s Answer

    You will not receive a lis pendens because none will be filed. A lis pendens attaches where someone brings a lawsuit involving the property that is the subject of the lis pendens. The lawsuit here is with Ford; it does not involve the property.

    A judgment probably will be entered against you (assuming there are no statute of limitations issues and no other valid defenses or counterclaims). When it is entered it will attach to any real and personal property that you own.

    You are obviously having financial problems. If you have lots of debts, maybe the best thing is just to file bankruptcy. If you want to surrender your home then you can arrange to give it back to the lender and you can discharge any liability to Ford.

    If not, then just let the lender foreclose. The lender obviously had the mortgage in place prior to any judgment and foreclosure would wipe out any junior liens. You would still have a deficiency judgment to contend with, but that could always be resolved if and when you had the funds.

    There is not much difference between a deed-in-lieu and an actual foreclosure in terms of your credit. Bankruptcy will hurt you a little more but that should be the least of your concerns. There are no really good options here and bankruptcy may be a way out of both your predicaments. Many bankruptcy attorneys give free consults. Get one.

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  • I wrote a check for a friend that scammed/defrauded me and I put a stop payment on the check. Advice needed please!

    A so called "friend" came to me begging for help. He needed me to loan him money for the service he had done to his vehicle or else the dealership were going to report the loaner vehicle he had stolen. He told me he would pay be back at the end of...

    Rachel’s Answer

    What the attorney told you is true but the car dealer is not suing you on a contract. They are not alleging they have a contract with you for car repairs and that you owe money for repairs. They are suing you on the check.

    Since you do have a right to stop payment on the check (this is not a bad check case), I don't see how the dealer can make you pay for the car repairs or sue you on the check though.

    Problem is with car dealers - they released the car based on your check. They now have no money and no car lien. So i can understand why they are hopping mad.

    I would let them sue if they have a mind to do that. If they do bring legal action against you then you need to drag your friend into this because he is the one who should ultimately be liable.

    Why isn't the attorney who you spoke to helping with this?

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