She did use the credit card but was not able to make the payments. she is 91 years old with dementia. she does not owe anything and has no money except for her social security and pension she gets every month.
Agree. There are many defenses to a credit card debt, and with the right consumer lawyer your mother may win her case and get attorney's fees and costs. For a consumer lawyer in your area, go to
There is a judgement against me in 2012 for an order of eviction + damages but the collection agency charged me my credit $4,000. The judgement does not specify the amount but that is what they hit my credit with. I am trying to now the collectio...
All the above advise if excellent. However, if the collection company is overcharging or does not own the debt, you may have a claim against it. Get a copy of your credit report to see who owns the debt and who is reporting it. You may have claims. See a lawyer in your area who does this kind of work. Nothing I say herein is legal advise and there is no contract between us.
You will need to consult with a consumer protection lawyer locally.
1. Start keeping a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDPCA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.
2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of the file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.
3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing.
4. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department.
5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.
If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.
6. Get written confirmation of any payment plan the agency will accept before making a payment.
7. Specify in writing all payments will be applied to principle first.
For a consumer lawyer in your area, go to the National Association of Consumer Advocates,
I rear-ended another vehicle about one year ago. The person hired a lawyer and is now suing me. Last week someone from the sheriff's department came to my house and gave me some legal papers to sign, a complaint and a summons. Anyways, the car i w...
You need to tell your Mom so that she can contact her insurance company to defend you and her. Time is of the essence. You may lose coverage and a defense if you wait.See question
Stopped paying my oldest cc about 3 or four years ago. Now I am getting sued for it by a collection agency. What is the next step to make, call thenow and ask for a settlement or wait for the court date?
I the claim is less than %K, the service documents have a hearing date on it. Please look. If it is over %K, you need to answer the complaint within 20 days of service or you will be defaulted.
Your best bet is to see a consumer collection attorney. For a consumer lawyer in your area, go to
About a week ago two large debt collectors were fined for being dishonest in their debt collection practice over a certain period of time. In fact they obtained judgment without providing proof as to how they arrived at the figure they were claim...
Agree with all of the above. However, just because the debt collector was dishonest in one or more cases does not mean it was so in your friend's case. A review of the court file is necessary to see what was done. I recommend your friend immediately obtain his or her file and see a consumer lawyer that handles these cases. One problem is that if your friend was served and defaulted, all of the above may not make a difference: Your friend may was waived his or her rights.See question
the office of Andreu & Palma PL (debt collectors) wrongfully garnish my wages, lie to the civil case judge, acquired my personal information illegally. I have to file emergency bankruptcy to stop the garnishment and block my personal accounts, I'm...
In order to determine if you have a case against anyone, a lawyer would have to review all of the pleadings in the garnishment case. One cannot garnish someone's account unless they first have a valid judgment against that person. You do not provide enough facts here to know what really happened.See question
It all started when i was being induced and a nurse mentions that since i tested positive for group b strept they'd have to start me on peninsulin .i was surprised because until just then i had not even heard of me testing positive for anything!i...
I agree. Unless there was an injury to you or your child, there may have been negligence but you have no damages.See question
A guy called my whole family looking for me saying I'm being sued and I called the guy and he says he's a debt negotiator and that he's going to serve me papers for a debt from 13 years ago I asked him to send me info on what I owed money for and ...
all of the above answers are right on. I would suggest you see a consumer lawyer who handles these matters. It appears there have been multiple violations of law here. Get the names and addresses of those people contacted by the collector so that you have evidence he/she violated the law.See question
My husband has as a secured credit card through our bank and the bank keeps placing credit card charges that have already been paid on our credit report> Do we have any legal recourse?
You may have a Fair Credit Act claim. See a Lawyer who handles these claims. You will need to pull your credit report for the lawyer.See question
Selling of debt is judgment still valid
One can assign and or sell a judgment. Collection companies buy debts all the time. They are referred to as "Bottom Feeders, " since they will buy debts no on else wants and use strong arm tactics to get the debts paid. Consumer lawyers who specialize in representing consumers rarely lose to these Bottom Feeders.See question