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If i am taken to small claims court for debt collection, does the collection agency get full access to my bank records?
Scott's answer
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Answered on August 05, 2013
Generally your personal financial records (including bank records) are not relevant in the underlying case. If you are unable to get the case...
Archived
We recieved a writ of garnishment from a judgement that we had no knowledge of and we would like to file a motion for dissmisal.
Scott's answer
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Answered on August 05, 2013
When faced with similar situations, I recommend potential clients go to the clerk of courts and obtain a copy of the proof of service. In...
Archived
Can wages be garnished or property seized to satisfy a default judgment?
Scott's answer
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Answered on March 14, 2013
The judgment may be vacated if you were never served with a copy of the lawsuit; however, there are multiple ways to obtain service over an...
Archived
What can we do, we are being threatened and harassed?
Scott's answer
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Answered on March 14, 2013
While the information described above would likely be actionable pursuant to the Federal and State debtor harassment laws, there is at least the...
Archived
Isn't it a violation of FDCPA to receive calls (incl. auto dial) after a written validation and cease calls request ltr?
Scott's answer
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Answered on March 14, 2013
There may be some issues depending on the actual language of the letters you sent. Requesting validation of the debt only requires the debt...
Archived
MY ROOMMATE TOOK MY DEBIT AND DISCOVER AND USED THEM BOTH WITHOUT MY KNOWLEDGE. I DO NOT TRUST HIM AS FAR AS I COULD THROW HIM.
Scott's answer
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Answered on March 14, 2013
In addition to the recommendations above, you should also contact each of the creditors and notify them of the unauthorized charges. Also, be sure...
Can I negotiate a settlement with plaintiffs attorney although the judgment orders payment in full plus court fees and interest
Scott's answer
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Answered on March 06, 2013
By admitting you owed the amount at the pretrial, the procedures described above are likely correct; however, you are still able to negotiate a...
Archived
After a Final Judgment is filed in a debt collection case can the defendant rescind or fight the case?
Scott's answer
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Answered on March 06, 2013
You may be able to vacate the judgment if you were never served with a copy of the lawsuit. Short of vacating the judgment, you are likely limited...
Got a call from a paralegal saying that they will open a lawsuit gains me , about my credit debt .
Scott's answer
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Answered on March 06, 2013
Based on the limited information above, if you have not made any payments in 6 or more years, the time to file the lawsuit has likely expired. ...
Archived
I was sued for 5300 and paid it but forgot the interest. The plaintiff cashed the check but I am still being charged interst on
Scott's answer
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Answered on March 05, 2013
There is some more information that is necessary to evaluate any claims or defenses, but the creditor should not be charging interest on any amount...
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