When moving from one state to another, what state's statute of limitations will apply to debt collection?
Mitchell's answer
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Answered on August 16, 2011
Moving does not toll the statute of limitations. You have a few possibilities here. One, the law of the contract. Two, the law of the place where...
Archived
If I promised to pay a debt collector on a over 10 year old debt, does that start the statute of limitations over again?
Mitchell's answer
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Answered on August 16, 2011
A new promise to pay could restart the SOL. However, I doubt that a promise to a penny would suffice. Contact a consumer law attorney if this is a...
Archived
Can I sue a debt collector for not validating my debts after I request for validation?
Mitchell's answer
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Answered on August 16, 2011
If this is a consumer debt, this is a Fair Debt Collection Practices Act issue. If they are trying to collect against you for a debt that is too...
Archived
Can I sue my ex husband for hospital debt accured during our marriage?
Mitchell's answer
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Answered on August 16, 2011
Once the marriage is dissolved and the assets and debts are split, that is it. You cannot later sue for things left out.
Archived
I am foreclosing on my home in AZ. The lending institution also holds my brokerage account. Is that account protected?
Mitchell's answer
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Answered on August 16, 2011
I would heed the advice of your attorney. If the debt is cross-collateralized, you have additional collateral for your loan. This means that the if...
Archived
How do I stop a collection agency from hasseling me over an 8 year old debt?
Mitchell's answer
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Answered on August 16, 2011
You asked this already. Same answer. If this is a consumer debt, sue them.
Archived
How do I stop a collection agency from hassling me over an 8 year old debt?
Mitchell's answer
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Answered on August 16, 2011
I am not a California attorney, but I believe Mr. Lampert was eluding to the Rosenthal Act. If this is a consumer debt, contact an attorney...
Archived
Do we file personal bankruptcy or just wait for our already 2yrs. old debt to be over SOL or obsolete if we're without income?
Mitchell's answer
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Answered on August 09, 2011
The information actually remains on your credit report for 7 years or the length of the Statute of Limitations, whichever is longer. The SOL...
Archived
Can a warrant be issued for my arrest for nonpayment of a payday loan i received 7 years ago?
Mitchell's answer
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Answered on August 09, 2011
Check with a local attorney. You may have rights against whoever is making the threat. If it is a debt collector, the Fair Debt Collection...
Archived
Chapter 7 question. how can i determine the value of my sole prop business? I do have employees and not much in the way of equip
Mitchell's answer
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Answered on August 09, 2011
You said it was a sole proprietorship. If so, then all of the assets are personal assets and there is no business to value. Each asset has a value....
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