Archived
How do I collect a debt if collateral is a car but the title wasn't signed over to me AND the shop where it is also has a lien?
Daniel's answer
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Answered on January 20, 2012
You do have some options which depend on the value of the vehicle but you most likely will need an attorney to assist you. If the vehicle can be...
Collection - How to effectively collect the overpayment from doctor’s office?
Daniel's answer
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Answered on January 20, 2012
I would write a very nice letter explaining how the overpayment occurred and requesting a refund. I would send the letter certified and keep a...
Selected as the best answer
Can a repo agent threaten an arrest warrant? And also leave a voicemail on a relative's phone threatening it also?
Daniel's answer
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Answered on January 20, 2012
As mentioned by Tom you more than likely have a claim under the Fair Debt Collection Practices Act for abusive debt collection. I would talk to an...
Archived
Can our mortgage co foreclose on our home after ch 13 hardship discharge if we are behind on pymts?
Daniel's answer
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Answered on January 19, 2012
I agree with the previous answer. If you have not already done so, file for a loan modification.
Archived
Small Claim Court Defendent Appeals to Superior Court
Daniel's answer
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Answered on January 19, 2012
The party who lost in magistrate court has an absolute right to appeal to Superior Court. Knowing the nature of your claim contract, note, etc....
Archived
What are my options if I am unsure if I owe a debt from 2005 that I have just been contacted about?
Daniel's answer
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Answered on January 19, 2012
Assuming that the purported debt is a credit card, the Statute of Limitations is 6 years. If you made a payment then the six years would start to...
Archived
Defendant of small claim court don't live in the same state of the law suit.
Daniel's answer
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Answered on January 18, 2012
The Fair Debt Collection Practices Act states that you can only be sued in the judicial district "A) in which such consumer signed the contract...
Archived
How do I know if a collection comp. or what ever this place is that said they were going to take me to court violated my rights?
Daniel's answer
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Answered on January 18, 2012
You have described several violations of the Fair Debt Collectoin Practices Act. You need an attorney who handles these cases. If you have trouble...
Archived
Does calling to see if proof of debt received violate cease and desist request?
Daniel's answer
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Answered on January 18, 2012
If in fact the debt collector sent validation information then the call is probably not actionable. If the did not send validation information...
Archived
Should i file a motion to dismiss?
Daniel's answer
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Answered on January 18, 2012
If you are being suied by mistake, you need to hire an attorney. Georgia law provides that where a suit is brought without any basis, you can send...
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