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My divorce was finalized on 11/07/2016. I have proof that my ex wife is pulling up my credit report
Actually, the first question that has to be answered is whether she had a federally permissible purpose to pull your credit report. If you owe her money, that is federally permissible purpose. There are several such purposes listed in the Fair Credit Reporting Act. If she did not have a federally permissible purpose for pulling your credit report, there are both civil and criminal sanctions for pulling your credit report. Moreover, you can also sue the credit bureau from which she pulled your credit report.See question
I have a debt collector that jeeps calling my wifes phone everyday and the one time i acctually talked to someone they were completley rude and asked me if my wife was going to shut up and let them explain why they are calling
You can sue, but I would wait. Take this action instead:1. Have your wife tell them to stop calling her cell phone. If they call again, they violate the Telephone Consumer Protection Act. You can get damages of $500- $1,500 per call. At that point, you WANT them to continue calling her after she tells them to stop calling. If you are serious about making them stop, send a letter to them (yes, it must be in writing under the Fair Debt Collection Practices Act), telling them to cease and desist from all communication with her. She needs to sign and send that letter. If they call again, they will have violated that statute. Presently, on the facts that you have presented, they are just being rude and the law does not provide redress for rudeness.See question
Okay so I was in class and i grabbed my friends credit card and took a picture of it. Later that I week I used it to buy something online that cost $8. He found out and told the school. The school said i could be convicted of a felony. If i pay hi...
Dude, you are an identity thief, but apparently, a recovering one. My best advice is to apologize profusely to your friend, pay him back immediately, and reassure him that you had a momentary bout of insanity. See if he will convince the school that this was all just a misunderstanding.See question
Cannot get this company to refund my money, answer emails or answer the phone. Help!
Under the Fair Credit Billing Act, you have 60 days from the date that you receive the errant charge on your credit card statement to dispute it. Send a letter to the credit card company and identify the charge (with great specificity) and also identify why the charge is incorrect. During the credit card company's review of your dispute, they may not charge you interest or make any attempt to collect on it. That is your best bet.See question
Im 16 years old, i got a gym membership a few months ago but lied about my DOB saying i was over the age of 18. i lost my Debit card and got a new one so the payments were not being made and i was not attending the gym. i did not show proof of age...
As a minor your contract is voidable; not void. That means you have until the age of 18 to either ratify the contract by telling the collection agency you want to pay it or revoke it. Either way, you have to give notice (I would suggest written) telling the collection agency that you are only 16 and you are revoking the contract. Once they get that letter, any further attempt on their part to collect the debt is illegal.See question
Hospital sent bill to collections and collections want to charge 12% interest on payment plan
Debt collectors are governed by the Fair Debt Collection Practices Act ("FDCPA"). There is a lot of things that they cannot do. One thing that they are prohibited from doing is charging the consumer any fee or cost that is provided for by contract or law. Unless you signed a contract that provides for 12% interest (which you probably didn't) or there is a statute in your state that provides for such interest (I don't know as I am licensed only in Michigan), then the debt collector broke the law. If I were you, I demand validation of the debt and find out the basis of the 12% interest. If they cannot provide a contract or statute, I would find a Consumer Rights attorney and sue them under the FDCPA. You would get damages of $1,000 plus any actual damages plus costs and attorneys fees.See question
Hello, I received a notice from a debt collector. The debt in question is past the statue of limitations. I do not plan on making any payments. Here is the first sentence of the notice: "Unless you notify this office within 30 days after recei...
They are actually following the FDCPA by using the language that you quoted. They are required to include that language in a demand letter by law. Here is the issue: the Statute of Limitations is an affirmative defense. Unless they threaten you with a lawsuit or state that they will take action against you to enforce the debt, they have not violated the law. Look for a subsequent notice from them to make such threats. Then, they will have violated the FDCPA because its illegal to threaten to take action that you dont have the present right to take. If the debt is out of statute, then threatening legal action or demanding a "settlement" (which implies legal action), violated the FDCPA.See question
Purchased a home last week, but was not notified that I the week before closing that her information was needed. By that time, they already ran her credit. The lender sent me a couple of forms to sign offering the $500.00 settlement and also state...
The lender is trying to buy its way out of a lawsuit under the Fair Credit Reporting Act ("FCRA"). Under this law, a user of a credit report must have a federally permissible purpose to pull your credit report. If a user of a credit report obtains your credit report without having a federally permissible purpose, it can face civil actions for the greater of $1,000 or actual damages plus criminal sanctions. The $500 is a bit low. Tell them you want $1,000 and nothing less. You see, when they pulled your credit report, they actually lowered your credit score. The real question is whether they have done this with other people as well. If you sued them, you would have the right to ask this in discovery. If you learn that they have done this before, I would ask for exemplary damages as well. These damages can be thousands, tens of thousands or more. If you want the path of least resistance, ask for $1,000 and dont accept anything less. If you want to take a throw of the dice, sue them.See question
I'm on SS only and I file a rent credit once a year..This peticular creditor has garnished my return once already and he is doing it again..my question is how many times can he do that? I live in Michigan
I am sorry to report, that he is not garnishing your rent credit, but he is garnishing your State of Michigan tax return. The attorney can garnish it as much as necessary to get the judgment paid. My best suggestion is that you contact the attorney and see if you can work out a payment plan.See question
My wages have been garnished for a credit card in the amount of $9700. I called the original creditor. It was opened 3 months after she filed. The mailing address was her New York address. I'm in California. Do I file in family court because ...
Your identity was stolen. Here is what you need to do. 1. Go to the police department and file a police report. Without a police report, you are never going to clean up your credit. 2. Go to court and file a Motion to Set Aside the Default and Judgment. This may be trickier because you did not indicate if he knew this lawsuit against you was ever outstanding. If it was and you did nothing, you are going to have a hard time convincing the judge to set aside the default. Although, if you attach a copy of the police report to your motion, this may hold some sway over her. 3. When and if you get the default judgment set aside, you need get a copy of your credit report to see which credit reporting agencies are reporting the trade line and the judgment. Both will be reported somewhere on your credit report. Dispute them with the credit bureaus and with the lender by first class mail. If all of this does not work, then, yes, you need to hire an attorney.See question