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Daniel Anthony DeLiberty

Daniel DeLiberty’s Answers

114 total


  • Statute of Limitation for Bank of America Credit Card Debt? BOA located in Delaware, but I am in located in Pennsylvania

    I have Bank of America credit card debt that was sold to Cach LLC. I live in Pennsylvania (4 year SOL) and Bank of America is located in Delaware (3 year SOL). My last payment on the card was 7/18/12. What statute of limitations will the courts...

    Daniel’s Answer

    If they have already sued you or are threatening, definitely speak with a debt defense/consumer rights lawyer for a free consultation. CACH seems to be filing alot less lawsuits lately, so it's possible they will only call and send letters, and not even sue.

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  • How do I find out if this is legit? Will hiring an attorney help?

    I had a voice mail from someone stating that they are with debt processing department and I have 2 allegations against me and need to call them back 866-429-4391, ext 2009 and use case no. 397646. Before I could return the call, they called my hu...

    Daniel’s Answer

    I have clients who get these types of calls often. Payday loan companies are notorious for these calls. Most likely, calls like these are an outright SCAM which one can safely ignore. "Arbitration" would mean a courthouse, which they are not calling from. Speak with a consumer lawyer in your state to be sure.

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  • How likely is a store like Walmart or Target to sue me for a low balance if I decide not to pay anymore?

    I am unable to continue to pay my minimum payments on a few credit cards. They are all store cards with relatively low balances, ranging from $300 to $600. I am leaning towards not paying anymore. My thinking is that my balances are too low for th...

    Daniel’s Answer

    My firm has defended hundreds of credit card lawsuits in Pennsylvania. For these low dollar amounts, based on the cases I have seen, it is fairly unlikely that they would sue you for these low amounts (but of course no guarantee). Your thinking is correct - it simply may not be worth their time and money. There are a few debt buyers who file many sub $1000 cases, but not many. One in this position might be better to simply to settle these small accounts, alone or with the help of a consumer attorney. Or consider bankruptcy if the total is unmanageable.

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  • Wage garnishment or bank levy

    I am in default with a credit card debt of $1,200.00 and was served with a court summons in Montgomery County, PA. If I don't do anything will Midland Funding garnish my wages or place a bank levy on my account? I realize my credit score is go...

    Daniel’s Answer

    Midland Funding is what's known as a 3rd party "junk" debt buyer. They can sue you, but often don't have enough evidence to win in court. It is well worth it hire consumer lawyer to defend the case, ease your mind, and help protect your credit. Your part of PA has several experienced debt defense firms.

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  • Must a collection agency honor a verbal settlement agreement?

    My father leased a car with my mother as the co-signer. My father passed away and my mom no longer needed the car. She contacted the car company's collection department and was told to fax a death certificate. My mother recorded the phone call ...

    Daniel’s Answer

    Tread carefully. Unless one has explicit permission to record, PA is one of only a few states where it is actually illegal to record another party without their consent. So one might not want to rely on any recording if it exists. Just because a collection agency states that IT'S calls are being recorded that doesn't automatically give the recipient of that call the right to record as well. It is much more prudent for one to simply rely on detailed notes they took of any conversation.

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  • If I cant get to court in a civil matter, will they issue a warrant ...

    its a collection agency wanting money.. its 2 hours from where I live and don't have a vehicle.

    Daniel’s Answer

    The FDCPA requires a collection lawsuit on a consumer debt to be filed either where the account was opened or where the consumer lives. 2 hours sounds far, check with a consumer lawyer in your state to see if the collector filed the case in the proper venue/court.

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  • My parents hired a credit counseling company, which they have not heard from since April. What is their recourse?

    My parents are in a tough financial situation. They hired this company over a year ago. They paid them a large sum 6 months ago. In the last two months no one at the company is answering the phones. Is there any recourse or have my parents los...

    Daniel’s Answer

    I am sad to see they are likely out of luck and money. Many of these operations are total scams that leave consumers worse off. I advise my clients to steer clear - these outfits want consumers to give up control of their accounts/monthly statements, stop making payments on their credit cards etc, then when they get sued the companies say " we told you we are not lawyers." They need a consumer lawyer or bankruptcy lawyer. As for the company, you could try to find a lawyer who handles claims relating to CROA (Credit Repair Organizations Act) if the company is still in business and is viable. Many simply close up shop and change names. Most seem to be out of TX or FL for some reason.

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  • I am being sued for a credit card balance dating back past the 6 year statute of limitations.Can they still try to collect...

    I live in New Jersey. I have been out of work for 6+ years and unable to pay this debt. It has been 6+ years since I last sent them a payment and the debt is no longer listed on any of my 3 credit reports...How can a 3rd party debt collector still...

    Daniel’s Answer

    Just don't ignore the lawsuit. As the previous poster mentioned, collectors and/or their lawyers can and still do file "out of statute" lawsuits all the time. But it is up to the consumer/defendant to assert that in court via what's known as an "affirmative defense." If it truly is past the Statute of limitations, then not only could that be a rock solid defense to a lawsuit, but one could then likely sue the collector under the Fair Debt Collection Practices Act. It is worth to at least speak to a consumer lawyer to get a professional opinion. My firm handle those types of claims primarily in PA and sometimes in NJ.

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  • What type of attorney do I need for a forged car insurance ID card? What is the likelihood I will serve jail time?

    I was pulled over &did not have inspection stickers on my car (the windshield was replaced 2yrs ago), my license was suspended & my auto insurance card was determined to be a forgery. I had ordered what I thought was cheap minimum car insurance on...

    Daniel’s Answer

    Since the issue involves the police and an alleged crime, you'd need a criminal defense lawyer.

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  • Can I file a lawsuit against a shoe store for false advertising on their website and refusing to fulfill online orders?

    A local shoe store is advertising on their website that all men's work boots are FREE, you just pay the shipping costs. Several people, myself included have placed numerous orders with this store for these free boots. One person has received a v...

    Daniel’s Answer

    Is it a chain or single store? Unfair Trade Practices aand Consumer Protection Law explicitly lists as deceptive: Advertising goods or services with intent not to sell them as
    advertised; That seems to be what they are doing. Capture a screenshot or printout and preserve,

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