Archived
Being sued on "account stated" "payment has been demanded ,payment has not been made"...what kind of proof shall i ask for ?
Blake's answer
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Answered on April 07, 2014
You need a lawyer to defend this lawsuit. You may very well have a counterclaim under the federal debt collection laws and/or your state's...
Archived
If you make small monthly payments to a company can they still send your account to collections?
Blake's answer
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Answered on April 07, 2014
It depends upon the terms of service in your contract, which is probably 19 pages of 8 point type. I am quite sure it says something along the...
Archived
Being sued by collection agency for credit card debt
Blake's answer
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Answered on April 07, 2014
If in fact the SOL has passed, you may have a counter-claim against the collector which could include your attorneys' fees as part of your damages....
Archived
I live in Fla. I'm considering Ch. 13. What if my auto exceeds $1000 in value? What if I have more than one?
Blake's answer
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Answered on April 07, 2014
There is no way to answer this over the internet, you should meet with one of the many talented consumer bankruptcy attorneys in your area. In...
Archived
Collection Fraud: Dental practice has in house collection agency
Blake's answer
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Answered on April 07, 2014
The debt collector law firm may be violating the FDCPA. But if they are going to these lengths to conceal themselves it is unlikely they are...
Archived
I received a settlement offer from a debt collector for a 9-year old credit card debt. What is my recourse?
Blake's answer
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Answered on April 07, 2014
You have the right to tell the debt collector not to contact you. The thirty day window refers to the "validation" request, two different...
Archived
I would like to clear my credit report up from multiple collection agencies with negative information back to good credit.
Blake's answer
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Answered on April 07, 2014
I don't think you can "clear" truthful information, even if it is negative information. Filing for bankruptcy would clear the balances to zero,...
Archived
My question is about a debt notification letter I received from a lawyer.
Blake's answer
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Answered on April 07, 2014
According to the terms of your cardmember agreement, if you default, they accelerate the payment plan and the entire amount is due. This is what...
Archived
Can a collection agency issue a wage garnishment to my employer regarding a payday loan that wasn't paid back in full?
Blake's answer
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Answered on April 07, 2014
They are required to file a civil lawsuit, then get a judgment prior to garnishment. This is basic due process, notice and an opportunity to be...
Archived
Do I still owe bank fees when in the event of voluntarily dismissal of writ of garnishment?
Blake's answer
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Answered on April 07, 2014
This is a matter of your customer agreement with your bank. I am guessing, without looking at the document, that they bank can still charge you...
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