Archived
Collection agency keeps calling me after I have asked them not to 3 times in writing. They failed to follow the FDCPA.
Blake's answer
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Answered on June 04, 2014
You can find an experienced FDCPA attorney on AVVO or use the link below. Either state or federal court has jurisdiction but your attorney can you...
I will be moving after my chapter 7 is discharged. Can I have a garage sale NOW & sell clothes and small household goods?
Blake's answer
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Answered on June 03, 2014
If you wanted to take the "belt and suspenders" approach you could file a motion to compel abandonment" so the trustee is on record as having given...
Archived
Am I liable to pay a third party collection agency (BOR) a debt they will not validate?
Blake's answer
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Answered on June 03, 2014
Sounds like a pure scam to me. If you want to pay them no one can stop you but even if I owed the money I would not pay a scammer. I would find...
Archived
Can a credit card company attempt to collect a debt by wage garnishment on a debt (7+ yrs old) for 1000's of $ more than balance
Blake's answer
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Answered on June 03, 2014
By getting tricked into making a small payment there is a new statute of limitations in place. The amount due is inflated by interest and late...
How long does it take for a Chapter 13 dismissal to go into effect after the court files for a motion to dismiss
Blake's answer
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Answered on June 03, 2014
You need to have an attorney represent you the chances of you successfully completing a Chapter 13 by yourself are slim to none. Once the order...
Archived
Secured creditor is demanding I turnover property which is no-longer in my possession.
Blake's answer
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Answered on June 03, 2014
If you are in court, you should find a consumer attorney to help you, there are plenty on AVVO. If you are not in court, then send a letter back...
Is a written off debt considered "Accord & Satisfaction"?
Blake's answer
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Answered on June 03, 2014
No. An Accord and Satisfaction is an old common law concept which involves the parties to a contract agreeing to modify the amount which is...
Archived
Can I discharge my mortgage (I want to surrender the house) in a chapt 13 bankruptcy if divorce decree requires I pay mortgage?
Blake's answer
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Answered on June 03, 2014
You need to review this with an experienced Chapter 13 attorney in your area. Fine one on AVVO or use the link below. If you agreed in the...
Archived
Can a collection company garnish my wages with out a judgment
Blake's answer
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Answered on June 03, 2014
No, they must first obtain a judgment. Consult with a consumer attorney from AVVO or the link below. Your rights may vary, in some states, wage...
What constitutes "misrepresentation" in a debt collection case? I am being sued by LVNV Funding for $1339.50.
Blake's answer
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Answered on June 03, 2014
You should consult with a consumer attorney. Cases like this are normally easily defended by an attorney who is familiar with junk debt buyer...
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