Skip to main content
Brian T Shaw

Brian Shaw’s Answers

4 total

  • How do I ask a collection agency for proof of ownership back to original grantor? - discovery phase of case.

    A debt collector is trying to collect on a debt and we are in the discovery phase of the case. They have asked us to admit it is our debt (it is) but we want to ask them to prove they are now the actual owners of the debt. We have had other fir...

    Brian’s Answer

    You should consult a Consumer Rights Attorney in your local area. Check out NACA.net for an attorney near you. You may want to ask the Plaintiff for the "chain of title" to the debt. This is the legal phraseology which means a list of all owners of the debt from the beginning to the present owners. The Rules of Civil Procedure in your state will govern the discovery process in your case and, as such, you should consult local counsel.

    See question 
  • Do I really need an attorney?

    I'm being sued for a credit card debt that I have. The law firm suing me has also mailed me a letter with a settlement amount that is different than the amount in the law suit. I want to start paying the settlement, but now I have to file a writ...

    Brian’s Answer

    You should consult with a debt defense/consumer rights attorney in your state. You may find one that offers a free consultation. There are a lot of complicated issues regarding consumer debt collection that involve both state and federal law. If your debt has been sold, and a debt buyer is suing you, they typically have to prove that they own the debt which can be difficult. If you fail to answer the complaint you will typically lose by default. As such you should have an attorney review the matter to determine if you have any defenses. You should also be mindful that U.S. Fair Debt Collection Practices Act (FDCPA) contains strict rules governing the collection of debts. You should share all of the letters and communications you have received from any debt collectors with the attorney as you may have had your federal rights violated. If so, you may entitled to a recovery.

    See question 
  • Can negociations be made with the creditor's layer after a judgment has being entered?

    A writ of execution has order me to pay an exagerated amount. I 'm trying to negociate the amount awed to the credit card company since it's gone originally from $1700 to $6100. What are my chances to negociate with discover financial since the...

    Brian’s Answer

    You should consult with a debt defense attorney in your state. Some may offer free consultations. If you have a lot of outstanding debt, you might want to consult a bankruptcy attorney. In the state where I practice, judgments can be attacked under certain limited circumstances. Unfortunately, you have lost negotiation leverage since the debt has been reduced to a judgment. Nonetheless, you do have some power. Specifically, you have your money while they do not. They may be able use the methods made available in your state to enforce their judgment but that takes time and money and may not be worth it to them depending on your assets. As such, you should have some room to negotiate. If you do make a settlement with them, be sure that the terms of the agreement are clearly laid out in a settlement agreement signed by them. You should ask if they are willing to voluntarily open the judgment and dismiss their lawsuit against them as a condition of the settlement or at least mark the judgment as satisfied once they have received the agreed upon payments. Please note that only any attorney in your area who has reviewed all of the relevant documents and facts can determine precisely your options.

    See question 
  • I want know can an attorney threaten you with crminal charges if you dont repay a payday loan back

    i recieve a call sayin that he was go send papers to the sherrif office to have criminal charges put on me and have an arrest warrant out me and he also said that i will get fire from my job because of unpaid loan can they do that

    Brian’s Answer

    You should consult with a consumer rights attorney in your state. Depending upon the circumstances, this attorney may be in violation of the U.S. Fair Debt Collection Practices Act (FDCPA) which forbids debt collectors from threatening to take legal action which they cannot take or do not intend to take. The law also forbids a debt collector from speaking to your employer accept in limited circumstances. This federal law allows you to sue a debt collector that has violated the act and recover actual damages, statutory damages, your attorney's fees, and costs. Whether a violation occurred would depend on additional facts such as whether the loan in question is a consumer loan and whether the attorney meets the definition of a debt collector. Generally, you cannot be charged with a crime merely because you failed to pay a private debt. This is regarded as a private breach of contract rather than a crime. Please note that there is a one (1) year statute of limitations on an FDCPA claim, so you must file suit within that time period. The facts your case along with all of you documents would have to be reviewed by an attorney in your area to determine what options you have at this time.

    See question