I have been sued by Capital One. Is their debt collection attoryney's office still allowed to contact me by phone after filing?
Joseph's answer
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Answered on January 30, 2014
The answer to your question depends upon whether or not the service of the summons was the law firms initial contact with you. They have to allow...
Suing Public Storage for Wrongful Auction
Joseph's answer
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Answered on January 29, 2014
If you are in a position to prove what you say about timely tender of payment, then you could sue the storage company, as well as the purchaser for...
Archived
My son agreed to trade items with someone out-of-state. They acknowledged receipt but refuse to send their item-any recourse?
Joseph's answer
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Answered on January 29, 2014
You should be able to prevail against the other party in a small claims part in the jurisdiction where the other party resides, but you would have...
Can a jointly owned timeshare by two divorced people be sold with only one owner's signature?
Joseph's answer
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Answered on January 29, 2014
You need to have your divorce attorney counsel you as to exactly what you gave up in your separation agreement. Without actually seeing that...
Archived
What rights did I give a credit agency, by paying a small amount on a debt I didn't have them validate?
Joseph's answer
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Answered on January 29, 2014
You can still request validation, and they must provide it, however, the payment you made will undoubtedly be construed as an admission of debt,...
Archived
Can a bank apply assignments of rents to principal only?
Joseph's answer
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Answered on January 24, 2014
Indebtedness includes everything that you owe the bank including principal, interest, late fees, etc. The order payments are applied to these...
Archived
If I pay my employer with a check that I received as my payment for a service, and the check is made out to him am I responsible
Joseph's answer
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Answered on January 24, 2014
Your obligation to pay your employer [sic] is not relieved by you giving him a third party bad check.
Archived
Commercial Landlord B assumes lease from A. Overlapping rent periods, tenant pays both A & B. Who issues credit to tenant? (NYC)
Joseph's answer
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Answered on January 14, 2014
It really depends upon who owned the property at what time, and, more importantly, when were you given notice, and by whom. If you have a written...
Archived
In small claims court in Lacawanna PA, I was awarded about $6,000.00 and they have no intention of paying. How can I collect?
Joseph's answer
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Answered on January 11, 2014
You should contact a debt collection attorney to assist you on a contingent fee basis. Feel free to contact me for more information.
Archived
Debt collectors taking me to court on a 10yr case
Joseph's answer
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Answered on January 11, 2014
Other than a student loan indebtedness, almost any other type of debt is barred in NY after 6 years. Bear in mind that if you made intervening...
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