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David M. Katz

David Katz’s Answers

35 total

  • Is this letter a FDCPA violation?

    I have been divorced for about one year. A letter from a company called HK Recovery offering to buy a judgment resulting from an automobile accident arrives every so often. The case was my Ex-wife vs. me and was for about $250 for an unpaid med...

    David’s Answer

    On the face of your question, this does not seem like an FDCPA violation as it does not concern collecting a debt at all. I would contact an attorney who specializes in FDCPA issues and get more detailed advice.

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  • Can I sue a debt collector (original) no robo calls if the call me 3-4 times a day. I told them to stop and they immediately me.

    They have already sued me and still continue to call me. They have completely filled up my voicemail in three days.

    David’s Answer

    As the previous attorney mentioned, you can likely sue them under the Telephone Consumer Practice Act. It is best if you search for an attorney who specializes in this area and get more detailed advise. I don't specialize in this area but know an attorney who does.

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  • How can they do that ?

    I have had my wages garnished . The judgment was in another name not mine. I asked for proof that it was a debt I incurred they sent me a copy of a journal judgment for a Bruce B, Keys and since my name is Bruce Keys( have no middle name or initia...

    David’s Answer

    I would talk to a consumer protection attorney immediately. If the original debt was not yours, then you can likely get the garnishment removed and may have a cause of action against the company that began garnishing your wages. You can go to the Court where the judgment was filed and they will help you get copies of any papers filed in connection with the judgment.

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  • Is American Express liable for damages caused me for listing me as deceased, and not fixing it?

    Hi, I recently was turned down for an apartment I was trying to lease. The management company did a background check on me, and based on the information they found, I was given a letter "F" Grade. They said that they had never seen that before. I ...

    David’s Answer

    I agree with the previous answer. Get copies of your credit reports so you can see for yourself what's listed. If Amex is actually listing improper information AND you properly disputed it, then you may have a cause of action against Amex. I would contact a consumer rights attorney ASAP to discuss your options after you have secured copies of your reports.

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  • Can more than one creditor garnish your wages at the same time,if they have a judgement?Whats the most they can garnish?

    I owe money to more than one creditor.

    David’s Answer

    In my experience in New York State, a Sheriff or Marshall will only seize money for one judgment at a time. Any additional creditors must wait for the first garnishment to be paid completely before the second garnishment begins. It seems from the previous answers that the amount of the garnishment varies depending on your state. In New York it is maximum 10% of income.

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  • What to do to get this off credit report asap?

    have a default judgment from 2009 jp morgan chase received act statement from them 2011 with 0 balances for the credit line that this was for ? need to get this off credit report asap was called by collected few years back and tried to settle th...

    David’s Answer

    I would get a copy of the filed paperwork on the case and contact an attorney immediately to review your options. If the default was secured incorrectly then you have a good chance of getting the judgment thrown out or negotiating a low settlement.

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  • Debt collection attorney. Is this right/legal???

    A debt lawyer sent us a letter (beginning of August) but we didn't get it for almost a month and a half later as it was sent to a (our)campground. We weren't there much this year for medical reasons. I attempted to contact them starting 9/15/15 ....

    David’s Answer

    It is legal for a licensed attorney to commence legal action against a consumer for a legal debt and there is no obligation for the attorney to contact the consumer prior to commencing such action. So there is nothing illegal about what the attorney did. He also may have been overloaded with work and didn't get to your message in a timely manner. In my experience, collection attorneys will often have leeway to settle debts and usually do not add court costs until the very end of litigation. Perhaps you can negotiate a settlement without the court costs.

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  • Do I have a case

    While I was out of town working my 47 yr old girlfriend got drunk and had sex with my 20 yr old son. My son was so ridden with guilt and shame that he tried to commit suicide.. His hospital bills add up to over 25k. I have kicked her out... She h...

    David’s Answer

    What case are you inquiring about? A defense to her case or a new case against her for sleeping with your (adult) son?

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  • What do you do when an alleged debt goes missing?

    I saw a medical bill reported in collections on my credit report. Contacted collection agency when I could not get the hospital to verify. They told me they were returning the debt to the original creditor and deleting it from credit bureau files....

    David’s Answer

    There is not much you can do if the creditor loses or misplaces your records. I would advise you to keep checking your credit reports to make sure this doesn't get reported improperly.

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  • Is it possible to get a lower obligation once I've received a civil summons from a credit card company?

    I received a civil summons today from Capital One Bank for a credit card balance that I owe $3,705.96. Is there anything I can do to lower this amount? Do I have to go to court? I have never received anything like this before and have no idea wha...

    David’s Answer

    It is definitely possible. Just contact the law firm that filed the lawsuit and negotiate with them. I would do this asap as your time to answer the lawsuit is going to run out. Alternatively, there are likely law firms in your area that do this sort of work so you can contact them to help you.

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