Archived
Is filing for suit on a credit card debt as an assignee the same if the collection agency purchased the debt, or is this fraud?
Daniel's answer
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Answered on February 27, 2012
You should consult a consumer attorney. Many debt buyers are not able to prove their case in court because of lack of records, etc. However, only...
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Archived
Can my wages be garnished if i change jobs and work in another state?
Daniel's answer
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Answered on February 27, 2012
Yes. I assume from your question that the creditor has already obtained a judgment. As stated in the other answers, a Georgia judgment may be...
Archived
Does a credit card arbitration agreement still apply if they sell a debt to a collector?
Daniel's answer
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Answered on February 25, 2012
Bank of America and Capital One agreed not to enforce arbitration provisions in their cards.
Archived
FDCPA: Do these rules apply to a collection attorney while in a court hearing makes statements as facts when they are not
Daniel's answer
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Answered on February 25, 2012
The collection attorney knows the rules of the "game" he is playing. You do not. If there is more than $1,000 or so at issue, you need to hire an...
Archived
What are the steps a credit card company has to take to collect on a debt?
Daniel's answer
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Answered on February 25, 2012
If you are related to the deceased and/or used the card (but are not named on the card) do not let the credit card company convince you that you...
Archived
Does a bankrufptcy chapter 11 allow you to get personal possession ie cars tools for work and household items even if rents do
Daniel's answer
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Answered on February 25, 2012
You or your attorney need to file a motion for turnover of property. You should be able to get possession of the property. The owner of the...
Archived
Tenant in Chapter 7 and I want to sell the house.
Daniel's answer
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Answered on February 25, 2012
You should hire counsel in NM to file a Motion for Relief From Stay. In light of the utility problem, you may want the attorney to file an...
Archived
Collection agency calling-should I agree to re-pay a balance from a repo
Daniel's answer
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Answered on February 24, 2012
I hate to disagree with with counsel but sale of a motor vehicle is a "sale of goods" under the Uniform Commercial Code. The statute of...
Archived
I am in debt and filing a chapter 7or 13 will not help me. What else is available to me?
Daniel's answer
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Answered on February 24, 2012
Unfortunately, bankruptcy only helps if you have assets (car or house) to protect or if you have cash flow and need to stretch out the payments. ...
Archived
Can I be sued in both Superior Court and Magistrate Court at the same time for the same debt?
Daniel's answer
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Answered on February 24, 2012
The pendency of the first suit is a good defense to the second defense. OCGA 9-2-5 which states: "No plaintiff may prosecute two actions in the...
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