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Lynn Ellen Coleman

Lynn Coleman’s Answers

1,164 total


  • Is the verbiage in the debt settlement agreement clear enough to be legally binding?

    I negotiated a one-time payment settlement with a collection agency of a junk debt buyer. (Midland Funding LLC.) We have agreed over the phone that I would be making a one-time payment to fully settle the account. However, when I got an agreement ...

    Lynn’s Answer

    This would probably be an enforceable agreement as far as a settlement, between the use of the word "resolve" and your testimony about what you were told verbally. "Stand up in the court of law" to me means you are concerned about being sued later on the same account. If that is your only concern, this is probably good enough.

    What concerns me is the lack of detail about whether or not they (collection agency) or the creditor (Midland) agree to delete the tradeline from your credit report or update the credit report to indicate that the account has been "settled" or "paid less than full balance". If they don't agree to update any credit reporting, the burden will be upon you to dispute the item and provide proof of the settlement. You should not have to do that if you pay this debt buyer anything. You should require them to agree to send an updated report. There is also no disclosure that they are required to report to the IRS any settlement where $600 or more is forgiven.

    It would not hurt to have a consultation with and attorney about this specific account.

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  • Is it possible to get out of a car loan by "voluntarily repossessing" it back to company, or another less credit damaging way?

    I bought a car from a buy here pay here dealer because of an emergency situation. A car was necessary. My once decent credit was demolished by my ex to leaving me unable to get a loan. The car has a lot of issues, and isn't fitting the descripti...

    Lynn’s Answer

    A voluntary surrender is just as damaging to your credit as an involuntary repossession. You should speak to a qualified consumer bankruptcy attorney who can advise you about all of your options before you make a final decision.

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  • How are the debts that a deceased person leaves behind handled?

    My 74 year old brother(divorced) is the sole owner of his house. He has incurred several hospital bills which he probably will not be able to pay off before he dies. With the house being his only asset, will it be sold to pay his debts? He has ...

    Lynn’s Answer

    I agree with the advice given by the other attorneys. I also wanted to mention that if he is covered by Medicare, much of the hospital bills may be completely covered. He needs to speak to the financial counselors at the hospital to discuss these bills. It often takes quite a while for Medicare to pay hospital bills, so he may fear he will owe quite a bit upon death, but he actually will not. My own mother feared she would leave her heirs with a huge hospital bill for her final expenses, but Medicare took care of nearly all of it.

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  • What are my options?

    I lost my job in nov 2015, so I called my bank and insurance company to tell them I would be late on my payments. Insurance was due on Dec 3,2015. Like I said I previously stated I called in and asked how long will the insurance last on the car un...

    Lynn’s Answer

    Your options are to file a complaint with the NC Department of Insurance and/or hire a lawyer. I recommend hiring a lawyer, who can file that complaint for you as well as send a demand letter to the insurance company. You need to make sure that you get on a payment plan of some type (get it in writing) with regard to the car debt, if possible, in order to keep your credit rating in good standing. If your lender never received notice that the insurance of the car lapsed, this is a very favorable fact and this will work in your favor. They can claim they sent it to you and that you are lying, but the fact that neither you nor your lender got notice tends to suggest that the notice was never mailed.

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  • Can washington district court writ of garnishment. Garnis wages in north carolina

    Fairway collction is garnising my wages in north caralina

    Lynn’s Answer

    Garnishment is based from the state where the judgment was issued. If you have a civil judgment in a state that allows garnishment, and your employer or its payroll service can be served with a writ of garnishment from that state, than yes, garnishment would be allowed even though you now reside in North Carolina.

    More facts would be helpful, but I suspect that your garnishment may be lawful if there is a judgment against you in another state. You need to see an attorney for specific advice.

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  • Is it legal for a debt collector or junk debtor to continue to report your debt as "open and in collection"

    I filed BK In April of 2014, Discharged July 2014. I have two debtors that continue to report my account as "open and in collection" One has tried to get me to reaffirm the debt after being Served. Is this legal?

    Lynn’s Answer

    • Selected as best answer

    When you say "served", were you served with a summons and complaint? If these debts were discharged in your bankruptcy and you were sued, this would definitely be a violation of Federal and North Carolina debt collection statutes. It would also be a violation if a creditor attempted to get you to reaffirm a debt that was discharged. Mr Faucher is correct, you need to ask your bankruptcy attorney if these were discharged. If he or she is not available to you, you should have a personal consultation with another attorney who can examine your bankruptcy file as well as the specifics of how these collectors or creditors are behaving to see if you have claims against them. The credit reporting issue should be correctable by using the dispute process, but the remark you were "served" and a creditor is trying to get you to reaffirm a debt that may have been discharged is what concerns me the most.

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  • Is there anything I can do to get her to cover cost for some of the damage to recoup some loss on the car?

    I purchased a car with my then girlfriend a few years ago I am the lead owner of the car she is the co-signer. She was to pay the payments on the car. She enlisted in the Air Force and while she was in school for the armed forces she cheated on me...

    Lynn’s Answer

    You can try, but you are unlikely to actually collect anything from her. The lender is allowed to look only to you for payment. You are actually lucky that she even gave you the car. The best case scenario might be that you get a judgment against her in small claims court that she never pays. You will need to work something out with the lender to avoid having your credit damaged any further. Perhaps it is best to simply move on and learn the lesson never to co-sign a loan for anyone, especially someone you are not married to.

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  • Im six years behind, can i keep it

    I was told that if a car company does not repo your car after missing payments for 3 years they have to give it to you in north carolina Its sitting in the front yard. It says on my credit report " customer cannot be found" duh

    Lynn’s Answer

    I don't think this is the law, to be honest. The other attorney's comments are correct because you won't be able to get a clear title unless you get them to sign it over to you, or get a judge to enter an order.

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  • see queston above

    i own2 cars that are in my name can i sell 1to my wife 1 to my daughter to get out of my name i have not been to court yet was served yesterday

    Lynn’s Answer

    You "can" do it, but this would be considered a fraudulent transfer and could cause you more trouble than the cars are worth. It would be best to consult with an attorney about what legal defenses you may have to the claim and what property you can "exempt" (protect). If the cars are not worth much, they may all 3 be exemptible, and you will have engaged in a fraudulent transfer for no reason at all.

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  • Can I sue him in small claims court for this? Also, say I "win" the case, how will I get my money?

    My friend was driving my car and wrecked the vehicle, with me in it. He is now refusing to pay for the damages, can I sue him in small claims court for this? The damages are somewhere around $4,500. He was at the scene when the police arrived & I ...

    Lynn’s Answer

    I agree with attorney Robinson. Get him to give you the name of his auto insurance company. Unfortunately, he may not have insurance of his own. If he lives with his grandparents, he may be covered under his grandparents' car insurance policy. It may be difficult to get him or his grandparents to provide you with insurance information. If you sue him and he is covered by a car insurance policy, the insurance will not be obligated to pay any judgment if he fails to notify the insurance company about the lawsuit. Ask your insurance company if they plan to "subrogate" against him, and you must get permission from you own insurance company to sue for any damages that your insurance company paid for. In many instances, your insurance company will actually "subrogate" and file the lawsuit on your behalf, so don't waste your time and effort if they can do it for you.

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