My name n social security number has been stolen n used to file taxes
This is exactly the kind of work we do. You have been a victim of identity theft. First, ignore the advise given below to contact the FBI and the IRS. Neither cares about your identity being stolen. Second, go file a police report. If the cops give you a hard time, insist on your right to file a police report. Next, pull your credit report. Do NOT GO to Credit Karma. You are actually entitled to one free credit pull once a year at www.annualcreditreport.com. Review your credit report and see if there are any trade lines or other items on your credit reports that are not familiar. You need to then send a dispute to the credit reporting agencies (not the creditors directly). The CRAs, then have 5 days to notify the creditors and then they both have 30 days to investigate your dispute. Be sure to attach a copy of your police report to each dispute. In your letter, ask for a credit freeze so no one else can open an account in your name without the creditor actually talking with you. The easier alternative is to call us, because we do all this stuff for you, for free.See question
This occurred in 2012. Have I waited too long to seek justice? Is this identity theft that I can file a report on? Or is this a small claims type case? Should I hire a lawyer and take her to court that way? I have been put in $3500 of debt because...
Most identity theft occurs with family members. When it happens, here is what you need to do:
1. File a police report. Without a police report, you can do very little to fix the problem;
2. Call the banks and credit card companies and close the accounts immediately;
3. Send a fraud alert to any one of the credit reporting agencies. Notifying one requires it to notify the others.
4. Pull your credit reports from all three credit reporting agencies. Look for new/bogus trade lines that dont belong to you. Dispute them with each credit reporting agency. Look for new address and other identifying information that does not belong to you and dispute that. Look at the bottom of each credit report to see if the ID thief applied for credit in your name at those places. You then need to send a letter to each such company that pulled your credit report and find out why it did. Each pull of your credit report lowers your score. You have to get those credit pulls removed from your credit report.
Any questions, call us at Michigan Consumer Credit Lawyers 888-293-2882See question
How much information can the debt collector give my spouce in regards to my account if my spouce is not on it?
Under the Federal Fair Debt Collection Practices Act ("FDCPA"), a third party debt collector who is collecting on a debt that was incurred for personal, family or household use, may not communicate with anyone other than the debtor about the debt except for the debtor's lawyer, spouse or anyone else that is expressly authorized by the debtor to receive such communication. The short answer is yes, the debt collector can speak with your spouse about the debt.See question
Due to vehicle re-possession.
Absolutely NOT. Pension and retirement accounts that are governed by ERISA are protected from state actions such as garnishments. Federal law prohibits such garnishments. Rest easy as your Military Retirement account is protected.See question
an agency contacted me about an old debt. i asked for validation and they did not give it. they were very intimidating and very rude so i wanted to just get it over with. i made half of what was said to be owed but never received a bill or confirm...
Under the federal Fair Debt Collection Practices Act, they MUST send you a validation notice in which they identify the debt and your right to dispute it within a 30 days period. Furthermore, they cannot harass you in connection with the collection of that debt. Not only would I not make any payments to them, I would sue them under the FDCPA as they now owe you money.See question
I took out a student loan about 4 years ago and needed a cosigner. About two years ago I fell behind on payments. The cosigner made two payments to avoid having a blemish on his credit report. Then about a year ago he sued me for the full amount o...
This is quite a legal conundrum. If I were you, I would file a motion to set aside the judgment as soon as possible. In that motion, I would advise the court that even after paying this judgment, you would be exposed to the debt from the student loan people. I would then ask the court to issue a summons to make the student loan people a party to the litigation. I would not waste any time, if I were you, getting this motion filed.See question
i recently voluntarially surrendered my vechicle. They sold it at auction. They went to court and got a judgement for the balance owing. My Question, can they garnish my unemployment benefits? That and Social Security are all the income I have.
Not your social security, they cannot garnish. Social Security is protected by federal law. I dont know whether your unemployment benefits are garnishable, but somehow, I doubt that they are.See question
I have a few debts that were charged off and debt collectors bought them. They send letters asking for payment but i have always ignored them. 10 years have passed and the debts are long gone from my credit report, but everytime i get new credit l...
Forget the Fair Debt Collection Practices Act. That does not answer your question. The real question is how long is the statute of limitations on the debt for which collection agencies are pursuing you. Each state has a different statute of limitations For example, in MIchigan, we have a 6 year statute of limitations on a breach of contract claim and a 3 year S/L for a bad check. I dont know the S/L for these claims in Illinois, but it should be easy enough for you to find out.
If you make a payment on these bad debts, you will restart the Statute of Limitations so my best advise to you is to not pay anything towards them.See question
We do owe it, but are unable to pay we barely can afford what we have to do to survive, What do we need to do. We do own a home with a mortgage more than what the house is worth which is up to date on payments. There is another house which we...
Check out Greenpath Financial. Its a large non profit organization that helps people work out debts with credit card companies. It ends up being a good deal for both the consumer and the credit card company because the creditor gets money that it might otherwise not get.
In the mean time, go get an attorney. I know you say that you cannot afford one, but I am here to tell you that can not afford to default on this lawsuit. In fact, I would hire a bankruptcy attorney to handle this matter so that the credit card company is more likely to negotiate with an attorney who specializes in this area. Undoubtedly, you can find one who will accept payments from you. Do NOT default on this lawsuit. You will not get a notice of any court hearing if you do not answer.See question
If they are already garnishing me at the state limit of 25% of my disposable income, isn't it going against that law to also levy your bank account that your paycheck goes into after they've already taken the limit there?
Yes, the creditor can do both...and more. In fact, I am surprised that the lender has not garnished your state income tax return or sent a court officer to seize your assets such as your car. You best bet is to contact the creditor's attorney and make a deal to pay off the debt in installments. Alternatively, you can go to court and ask the judge to allow you to pay the debt in installment payments.See question