Archived
What is the Statue of Limitations to file a suit against a debt collector that is suing you?
Robert's answer
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Answered on May 26, 2015
The statute of limitations on a claim for a violation of the Fair Debt Collection Practices Act is one year. However, the operative question is...
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Archived
Default judgement without being notified. This happened in 2007 and was just recently informed. They're looking to garnish. HELP
Robert's answer
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Answered on May 26, 2015
You are by no means alone. Service of papers often do not find their way to the defendant/consumer despite sworn affidavits to the contrary. You...
Archived
What Kind of lawyer would you need to help with a student loan that was sent to collection
Robert's answer
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Answered on May 13, 2015
You will want to speak with a consumer attorney experienced in debt defense and student loan law.
Is it possible for unemployment office to freeze or take money from my bank account?
Robert's answer
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Answered on May 11, 2015
To be enforceable as a NY Judgment, the sister state judgment (in this case California) would have to be "domesticated" in NY. However, take...
Archived
My father used my identity to apply for and use a store credit card without my permission. Is this identity theft/fraud in NYS?
Robert's answer
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Answered on May 05, 2015
Yes, this has appears to be an arrestable offense. You would need to begin with the filing of a police report.
Archived
How do i make a notarized contract for debt collection?
Robert's answer
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Answered on May 04, 2015
In New York, written instruments for the payment of money only (i.e. promissory notes) are enforceable in court through an expedited process called...
Archived
I was given a retured check from my employer can i sue
Robert's answer
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Answered on May 04, 2015
There can be many explanations for why the check was returned. You should find out what happened first before you burn any bridges.
Archived
What should I do with a summons from a creditor?
Robert's answer
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Answered on May 02, 2015
You must file an answer in order to avoid a default judgment and assert your defenses. I have written extensively on this topic here:...
Archived
In NYS when you are issued a money judgment against another party does that collect interest?
Robert's answer
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Answered on April 25, 2015
New York State has statutory interest of nine percent per annum.
I received a letter from a Debt collection lawyer asking me some information about my tenant. It says "information subpoena".
Robert's answer
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Answered on March 21, 2015
As the other attorneys have warned, you have to answer the subpoena. I've written about the subject here:...
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