Questions answered by Kenneth James Henry

Archived

Collection agency keeps calling looking for someone else.

Kenneth's answer | Answered on September 03, 2014

15 U.S.C. 1692k(3) states that a debt collector cannot communicate with any such person (third party) more than once unless requested to do so by...

Archived

I have made the decision to divorce my husband was married 10 yrs,.separated for two...would i still qualify to get his 401k

Kenneth's answer | Answered on September 01, 2014

There are two portions of the 401k, the non-marital portion (the portion that was saved before the marriage) and the marital portion (the portion...

Archived

Can a lawyer retained on behalf of a debt collector demand payment after the collector agreed to a final payment?

Kenneth's answer | Answered on August 29, 2014

My position would be that the lawyer is out of luck if he/she didn't get a judgement or get you to enter into an agreement with them and you paid...

Archived

Is a faxed 'stop calling' letter to a debt collector good enough?

Kenneth's answer | Answered on August 29, 2014

The FDCPA merely requires written notice. Tennessee has adopted the uniform electronic transactions act, which also helps make your case. ...

Archived

I have a hearing in a few days and have worked out payment arrangements with the law firm. How do I best prepare?

Kenneth's answer | Answered on August 26, 2014

You should file an answer and make an appearance. Take all documents related to the file with you. Make sure you have made your payments on time...

Archived

What can I do about getting served papers from an old credit card debt that I can't afford?

Kenneth's answer | Answered on August 24, 2014

Consult a lawyer. You may have defenses against the debt collector and possible counterclaims. Most consumer law attorneys will consult switch you...

Archived

How u deal with a debt collector when a consolidation had been done and they said it was paid and the company is still on your c

Kenneth's answer | Answered on August 20, 2014

You should definitely contact a lawyer. You very well could have claims under the Fair Debt Collection Practices Act and perhaps the Fair Credit...

Archived

Can a law firm cancel the court date ,if the debt in question has been worked out (payment terms vs. one time payment)?

Kenneth's answer | Answered on August 20, 2014

If you have something in writing showing the law firm agreed to the payment plan, then you may well have a defense to their suit. Additionally, if...

Archived

I have been paying a debt collector monthly payments and now they want to take me to court.

Kenneth's answer | Answered on August 19, 2014

Did you have a written agreement with them? Or do you have anything showing their agreement to accept monthly payments? Also, did you make all of...

Archived

How can I enforce a settlement agreement?

Kenneth's answer | Answered on August 15, 2014

Generally, agreements with attorneys are enforceable against their client if the attorney had authority from the client to settle. If you kept the...

Kenneth James Henry's Answers (158)

Collection agency keeps calling looking for someone else.

I have made the decision to divorce my husband was married 10 yrs,.separated for two...would i still qualify to get his 401k

Can a lawyer retained on behalf of a debt collector demand payment after the collector agreed to a final payment?

Is a faxed 'stop calling' letter to a debt collector good enough?

I have a hearing in a few days and have worked out payment arrangements with the law firm. How do I best prepare?

What can I do about getting served papers from an old credit card debt that I can't afford?

How u deal with a debt collector when a consolidation had been done and they said it was paid and the company is still on your c

Can a law firm cancel the court date ,if the debt in question has been worked out (payment terms vs. one time payment)?

I have been paying a debt collector monthly payments and now they want to take me to court.

How can I enforce a settlement agreement?