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Im getting herassing phone calls from the same company. they call me 12 times a day. ive told them im on a limited income and cant pay the 500 down they say I need to pay to stop the phone calls. I know i owe the money but this is ridicolous.
There are limitations place on collectors by the Fair Debt Collections Practices Act. However, these limitations have to be enforced by suing the collector if they do not comply and there is a cap on the amount that can be recovered.
Given that you have outstanding debt which you are unable to pay you should look into bankruptcy. Once a client retains our office to do a bankruptcy they immediately will refer all calls to us. This will quiet down the harrassment. Hope this helps.
John G. Merna
The Merna Law Group.
Voted 2011's Best Law Firm in Virginia Beach by Readers of The Virginian Pilot
from original creditor, affidavit of sale and a copy of a generic credit card agreement. I requested several months ago validation of this debt with statements from the beginning when this accunt was opened, and the original signed agreement. I ...
You don't dispute that you owe the debt in your question. Therefore, if you are strictly concerned with the possibility of procedurally getting out of the debt I would refer you to a civil attorney in your area.
However, if the debt is valid and you have just been attempting to divert or delay by requesting documentation, I don't think the judge will have much patience for your tactics. If you are unable to afford the debt you should consider consulting a bankruptcy lawyer.See question
I have been with my Girlfriend for almost 3 years and I really want to ask her to marry me but got a divorce not to long ago and my credit is destroyed. Her credit is good and I don't want to marry her right now if my credit is going to mess hers ...
Your "bad credit" will not directly affect your girlfriend's credit score if you get married. However, if you also have "bad debt" which is still attempting or may attempt to collect through judgments, levies, garnishments or liens, her assets, if jointly titled, could be affected. For example, a joint bank account could be garnished.
You should look into how "bad" is your credit. If it is just late payments but the debt was paid. If your poor credit is a low score with outstanding debt that is unpaid then it is more than just "bad credit". You have a ticking time bomb of potential legal collection actions.
If the amount of debt is low you should consider credit counseling. If the amount owed is high then I would recommend also scheduling a free consultation with a bankruptcy attorney.
I hope this helped.
John G. Merna, Esq.
The Merna Law Group, PC
Chesapeake - Virginia Beach - Newport News
We filed for Bankruptcy in 2005 and our current home was included in the bankruptcy. We have been living in the home and making the payments since then. However, last year we fell 2 months behind and have not been able to catch the payments back u...
I disagree with my colleague. If you did not reaffirm on the loan then the mortgage company should not currently or ever in the future be reporting on your credit. This includes reporting about monthly payments and whether a foreclosure occurs. You can confirm whether I am right by pulling your credit report.
So in essence, if the property forecloses your credit score will not be effected because there will be no reporting. Whether you can qualify for a new home mortgage at this time is a bigger question. With lending requirements still being very tight, qualifying for a home loan is about more than your credit score. It doesn't hurt to contact a lender to find out. The worst case scenario is you will get a "no".
Given that the problem that has prompted your question is that your income is struggling to the point of putting you into foreclosure, I would suggest your first stop be to visit a financial manager or financial counselor to assess what you can afford.See question
where can I get samples of these forms already filled out? I want to stop a foreclosurer
A Chapter 13 Reorganization is a very complicated process. The completion or success rate of attorney-assisted filings is only 30%. You can imagine that the success rate of cases filed without an attorney is much lower. The fact that you are asking the most basic of questions put your odds at the lower end or close to 0% chance of success.
You shouldn't take this personally because there are attorneys with three years of law school that couldn't do much better.
What you need to understand is that the filing of a Chapter 13 can be affordable if you find the right attorney. We accept payment of most of the attorneys fees through the Chapter 13 plan. Don't waste your time and money on filing a case that is kicked out immediately due to improper froms, lack of information, incorrect calculations on the mandatory plan, etc.
Call an attorney in your city or call us just to find out where you stand and what can be done. The consultation is free.
John G. Merna, Esq.
The Merna Law Group, PC
739 Thimble Shoals Blvd., Suite 704
Newport News, VA 23606
I have had little or no advice from the lawyer representing me. I do not know, have not been told, and am only reading about it on the internet...I have no idea whether I will be listed in the newspaper like a criminal.
In the Hampton Roads area the primary publication that lists bankruptcy filings if "Inside Business", a Virginian Pilot product. It is not widely distributed. I am not sure if any of the smaller publications in Williamsburg lists bankruptcy filings. I have not heard that the "Daily Press", which is the Peninsula newspaper, lists filings.
You should also be aware that bankruptcy docketing information is now showing up on the internet also. Generally, this only occurs or is a problem when your name is very unusual. Otherwise, if your name is more common it is buried under numerous pages of other search result data.
I hope this helps. I also hope that your attorney not being able to answer this easy question is not a sign that they don't do much bankruptcy. If you need more information you may call or e-mail me via our website below.
John G. Merna
The Merna Law Group
Newport News & Virginia Beach
Is there something that we cound sign that would superceed the forclosure law that would allow that invester to take back the house quick and without the expence and trouble of forclosure I am in North Carolina
Assuming you have found a private investor and been approved for a refinance at a lower rate, you just need to complete the refinance documents and pay the prior mortgage lender. A refinance will pay off the presently foreclosing lender thereby removing the company's right or reason to foreclose.
If you are not currently approved for such a refinance then the answer is "no".See question
We are renting a house in California and recently found out that it is under foreclosure (not by our landlords...it was a piece of mail that came to our address). We are on a month-to-month basis with rent as our one year lease was up last Septemb...
I agree with Attorney Chen, your obligation to pay rent to the landlord exists regardless of the status of the loan on the property. Once the property is foreclosed, your obligation to pay will be to the new owner. However, in most cases the new owner want the tenant to move and does not press the issue of rent payment. Under federal law, you have 90 days as a tenant to move from a rental property that has been foreclosed.See question
he told me tonight in a text that i had to be out by 02/01/12. my lease is up in feb but dosent he have to give me more than 6 days notice?
You have to refer to your lease document. If the lease requires no notice at it termination then his notification is not require. However, this is not the normal terms of a lease. Generally, the landlord is required to provide 30-day notice. If the landlord has more than four units in your city other rules apply. Contact an attorney to review the lease. The landlord is still responsible for returning you security deposit.See question
I received a certified letter stating the foreclosure for 2/2011. I moved and almost a year later they have not foreclosed on the house. They put a lock box on the house and have being paying someone to maintain the yard. They still keep calling m...
Foreclosure is the legal process of forcibly transfer title via a sale. Until title to the property is transferred to another party it is still your property and your are responsible for payment on the mortgage and maintenance of the house. If the mortgage company does not foreclosure on the property then this means you own the property until you sell or transfer it.
You could consider a short sale to get the property out of your name. You should also investigate whether you will have any continued liability for the mortgage even after the property is foreclosed.See question