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Adam S. Alexander
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Adam Alexander’s Answers

328 total


  • Am I responsible for the difference on my foreclosure?

    I had my home foreclosed 3 years ago. I had 2 mortgages, a small and big one. I settled with the bank for a lesser amount on the small loan. I never received anything on the big loan. I recently found out that the bank is holding me delinquent for...

    Adam’s Answer

    I suggest before you do anything you have an experienced FCRA lawyer review your credit reports. The Fair Credit Reporting Act prohibits inaccurate credit reporting under some circumstances. So in my opinion, you want a professional to review exactly how this bank is reporting the account and if it is accurate. This may be your ticket to disputing the reporting and getting this OFF your credit report. However, if you settle, you will lose this potential opportunity. Most FCRA lawyers will review your documents and provide you with a consultation at no charge. My other suggestion, if decide to settle, is to pay the entire amount in exchange for deletion or non-derogatory reporting. Most banks won't agree to this, however it's worth a shot.

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  • Is it legal for a landlord to just put unpaid damages my credit without going to court?

    When we moved out, my landlord sent a list of damages to the incorrect address (after we made sure to give them the correct one). Thankfully it was my Dad's so we were still able to get it and respond back to them within 7 days disputing their ch...

    Adam’s Answer

    I agree with Ms. Liblang. In my opinion, I would retain counsel to dispute the derogatory on your credit report. Most FCRA lawyers will draft this at no charge for/with you, and you can be certain then, that it is done correctly. I suggest you gather all of your documents relating to the rental, the alleged damages and the follow-up communications, and consult with a lawyer as soon as possible. You can find an experienced FDCPA/FCRA lawyer in your area at www.naca.net

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  • Predatory Lending?

    I live in Michigan. I want to know if I have any recourse against my credit union. When I was appx 22/23 I asked them to raise my credit limit on my credit card to $9000. I was very young, and was working a minimum wage job, and had no assets. The...

    Adam’s Answer

    What you have described here is not predatory. There is nothing you can do to free yourself of this debt, other than borrowing for less elsewhere and paying it off. Depending on your other debts, (if applicable), you may wish to consider the bankruptcy route. You can likely get a free consultation with an attorney in your area to discuss the advantages and disadvantages, as well as the costs.

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  • Paying rent after the home is in foreclosure

    The home that I am renting is in foreclosure. My landlord has not asked for any rent within the last 4 months even after I tried contacting him. I received a notice on my door about the home being in Redemption and was wondering if I have to pay r...

    Adam’s Answer

    Yes. Your rental agreement with your landlord is valid and binding during the foreclosure. You have "tenants rights" to occupy the home prior to eviction proceedings. There is some good advice at this link: http://www.ewashtenaw.org/government/treasurer/MFP/Michigan%20Tenant%20Counseling%20Program
    Once eviction proceedings begin, you can and will be evicted.

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  • What can I do about an invalid debt that keeps showing up on my credit report despite disputing it several times?

    About 6 years ago, I moved while under military orders. I cancelled my cell phone contract per the Soldiers and Sailors Relief Act, due to the provider not having service in my new location. They sent me a cancellation bill, which I explained to t...

    Adam’s Answer

    You may have a legitimate case under the Fair Credit Reporting Act, (FCRA). I suggest you contact a lawyer to review your credit reports and to fight those debt collectors regarding this ongoing problem. You may also have a case under the Fair Debt Collection Practices Act, (FDCPA), which prohibits collection of money that you are not responsible for. Both of these statutes require the wrongdoer to pay damages AND to pay your attorney fees in a successful case. I would be happy to review your reports and consult with you at no charge.

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  • How long will this eviction judgement stay on my public record and credit report.

    I was evicted from an apartment complex Jan of 2011 and a judgement was entered on my credit in Feb 2011. The orginal balance was roughly $4000 since then I have gotten it down to $2075. A collection agency called Procollect is collecting the mone...

    Adam’s Answer

    I agree with the other lawyers. However, I would add that once you get this judgment paid off, be sure to request their lawyers file a "satisfaction of judgment". This will show creditors that at least you paid the judgment. Their failure to file the satisfaction of judgment and report it as paid on your credit report may be your ticket to getting rid of the public record sooner than later. This is because you may be able to sue the under the Fair Credit Reporting Act for their failure to report this correctly. I have parlayed FCRA lawsuits into removing bad credit for my clients in the past, so this is something to keep in mind.

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  • What do I do to sue a car dealership that sold a car with a defective air bag.

    My car dealership sold my friend a car and we asked them to fix it on multiple occasions. We recently just got into an accident. The side I was sitting on was struck by the car and the air bag didn't go off. How do I handle this situation?

    Adam’s Answer

    If you were injured I suggest you contact a personal injury lawyer. If you were not injured, you likely do not have a case for the accident. However, either way, you may have a breach of warranty claim, but your damages are likely limited to the cost of providing and installing the air bag.

    Also there are stringent State and Federal laws governing air bags, disclosure to buyers and requirements when you find out the air bag is inoperable. In some circumstances the dealer may have to re-sell the vehicle to a consumer who was not advised about the air bag problem or if it was not properly disclosed to the State.

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  • Should I take legal action against the used car dealership?

    I have been put into collections for a car that is in my brothers name. I have the original contract with me and my name and signature are no where on it. I'm not sure what I should do.

    Adam’s Answer

    Collections? Did they file a lawsuit against you and get a judgment? If not, I believe you have a good claim under the Fair Debt Collection Practices Act. The FDCPA prohibits unfair and deceptive collection practices, including attempting to collect a debt this is NOT yours. Under the FDCPA your attorney fees and costs will be covered, so you basically get a free lawyer. I would be happy to speak with you to discuss representation.

    If there is a Judgment against you then it's more complex. You would have to go back and get the judgment vacated, assuming you can prove the debt wasn't yours. This is not easy and it may be too late, but depending on the facts and how risk-averse you are, it may be worth trying. I would need to see all of your documents and discuss either scenario to know if have a meritorious case.

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  • Can i sue a car dealership for releasing my personal information to a individual?

    I purchased a vehicle from a car dealership in Dearborn Heights about 1 year ago so he has a copy of my driver license. There was a dispute between myself and an individual, the individual is claiming that i owe him money. So he went to the car de...

    Adam’s Answer

    What personal information are you referring to other than the driver's license? If the dealer provided your credit report you may have a legal claim under the Fair Credit Reporting Act. Regarding other personal information, like that contained on a credit application, you may also have a legal claim. It depends on what was provided and whether the individual was given the information in response to a subpoena from the Court.

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  • Debt Collecting Harassment after debt is old...

    The debt is way over 4 years since the last date of payment-they couldn't collect because person had no way to pay and informed credit card company, but the debt ended up with a collector, and they sent letters/called to try to collect and were as...

    Adam’s Answer

    The Fair Debt Collection Practices Act requires that a debt collector cease collection efforts if you request them to stop. The best way to do this is to send them a letter, by certified mail. I suggest you contact a lawyer regarding this issue. Regarding the collection letter - same advice. You should consult with an experienced FDCPA lawyer to review this letter and determine whether it violates the law. You can find a qualified lawyer in your area at www.naca.net

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