Archived
Being sued on "account stated" "payment has been demanded ,payment has not been made"...what kind of proof shall i ask for ?
Robert's answer
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Answered on April 07, 2014
This sounds like a violation of the Fair Debt Collection Practices Act (FDCPA). You should speak with an attorney licensed to practice in NJ and...
Archived
My car was reposed in 2009, sold at auction and now the lawyer is suing me. I am on total disability.
Robert's answer
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Answered on April 04, 2014
What has this lawyer given you in exchange for signing a consent judgment? He has asking you to make his job easier. Why would you do that?
Archived
Can I stop a garnishment on my wages from a previous landlord
Robert's answer
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Answered on April 04, 2014
Were you caught off guard by this? In order for the Marshal to garnishee your wages there must be a judgment. If the judgment was by default and...
I got a letter from a ny atty representing amex. they plan to sue for credit card debt. I asked for all the bills.
Robert's answer
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Answered on March 31, 2014
There are 2 issues at play: (1) choice of law, and (2) venue. Venue has to do with which state's law applies and venue has to do with where you are...
Archived
What to do if there is a judgement for tax liability and the information was sent to my local Marshall office?
Robert's answer
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Answered on March 31, 2014
You should contact the Marshal and show him that the lien is in dispute.
Archived
Can a collection agency file a lawsuit against me before the 30 day validation period?
Robert's answer
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Answered on March 31, 2014
If the debt collector failed to explain that the lawsuit does not diminish the 30 days validation period, then the lawsuit overshadows the 30 day...
Archived
My debt was already paid and the debt collector denies it now I'm being sued.
Robert's answer
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Answered on March 24, 2014
Get your banks to show an account statement reflecting the payment. Speak with a consumer lawyer experienced with the Fair Debt Collection...
Archived
Which type of attorney for violations?
Robert's answer
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Answered on March 24, 2014
You should consult with a consumer lawyer experienced in the Fair Debt Collection Practices Act (FDCPA). I have written extensively about it here:...
Archived
When being sued by a collection agency, is the collection agency or the original debt holder the plaintiff
Robert's answer
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Answered on March 21, 2014
You must distinguish between a collection agency and a "debt buyer". Debt buyers are essentially collection agencies that actually buy the debt...
I live in NY State and defaulted on 9 payday loans 2 years ago.
Robert's answer
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Answered on March 17, 2014
If the collection efforts are coming from a third party debt collector you may have a claim under the Fair Debt Collection Practices Act (FDCPA). ...
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