Questions answered by David M. Kasell

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Scammer/ identity theft

David's answer | Answered on April 23, 2013

It is illegal for a debt collector to threaten to arrest you for a debt. If you never took out the loan you should request copies of his paperwork...

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If you entered into a settlement, are there time restrictions to satisfy? FRCP Rule 69

David's answer | Answered on April 23, 2013

Without knowing the context or seeing the settlement agreement it is hard to answer the question. Assuming you were represented by an attorney in...

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How can the sheriff seize a company's bank account when the account is listed under the owner's name instead of the company?

David's answer | Answered on April 23, 2013

Technically speaking the company and its owner are two different people (or "entities") in the eyes of the law. The only way to get the owner's...

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Jewelry fraud; a case for small claims or fraud?

David's answer | Answered on April 23, 2013

You can go to small claims court but with an internet seller, even if you win, you may have difficulty collecting. Given the amounts involved it...

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Is a 63% downpayment legal for a 2005 used car that's only worth 6,621 dollars?

David's answer | Answered on April 20, 2013

The written agreement that you have with the dealer and that Wells Fargo is a party to is a Retail Installment Sales Contract (RISC) It spells out...

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An suv was purchase for 28k w/ a so called clean tittle 10/27/12 ,about a 2 1/2 months later the suv battery died so i had the -

David's answer | Answered on April 17, 2013

Selling the vehicle with a clean title is not good enough for the dealer to skate on this. Dealerships have specialized knowledge. Under New...

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A debt collector served me a 2nd subpoena to someone I do not know in NY state. I do not live in NY. What can I do to stop it?

David's answer | Answered on April 17, 2013

It is not clear if they ever served you with process to start an action. Under the FDCPA you have the right to contest the validity of the debt and...

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Promissory Note and Collection Fees: what are the Federal rules and regulations?What requirements a promissory note

David's answer | Answered on April 16, 2013

The terms of the Note control. If the rate stated is too high the note might be void under usury laws. There is no requirement for a grace period,...

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Purchase property under other people's name

David's answer | Answered on April 13, 2013

You can form an LLC to buy proprty just like you could incorporate for the same reasons. Either way you would limit your personal...

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Husband forged settlement documents with funds going to a bank account that I'm unaware of but that my name is on.

David's answer | Answered on April 13, 2013

How are you aware of the facts? What does your attorney say about the settlement? Do you and he have the same attorney? How do you know he tried...

David M. Kasell's Answers (1714)

Scammer/ identity theft

If you entered into a settlement, are there time restrictions to satisfy? FRCP Rule 69

How can the sheriff seize a company's bank account when the account is listed under the owner's name instead of the company?

Jewelry fraud; a case for small claims or fraud?

Is a 63% downpayment legal for a 2005 used car that's only worth 6,621 dollars?

An suv was purchase for 28k w/ a so called clean tittle 10/27/12 ,about a 2 1/2 months later the suv battery died so i had the -

A debt collector served me a 2nd subpoena to someone I do not know in NY state. I do not live in NY. What can I do to stop it?

Promissory Note and Collection Fees: what are the Federal rules and regulations?What requirements a promissory note

Purchase property under other people's name

Husband forged settlement documents with funds going to a bank account that I'm unaware of but that my name is on.