Archived
Can a debt collection agency take me to court and file a judgment against me for an old payday loan from2006?
Daniel's answer
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Answered on July 07, 2016
Such calls are likely scams. The statute of limitations in Wisconsin is not more than 6 years, measured from default/ last payment. The call...
Archived
Is the bank at fault for causing this debt to occur? Can I sue the bank to fight paying off this debt myself?
Daniel's answer
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Answered on July 07, 2016
No. The person depositing/ endorsing the check warrants that it is good. The bank in which the check is deposited does not warrant that it is...
Archived
Can I legally close my checking account if I know I have payday loans coming out of it?
Daniel's answer
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Answered on June 30, 2016
Yes. Also, you do not indicate where you got the loans. If these are Internet payday loans, check with your state AG or financial institutions...
Archived
Is this a real summons, or this is fraud?
Daniel's answer
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Answered on June 29, 2016
This has every earmark of a scam. Report the calls to law enforcement (state AG, Consumer Financial Protection Bureau, Federal Trade Commission). ...
Does a lender have legal authority to require a full living trust document?
Daniel's answer
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Answered on June 29, 2016
Yes. It is reasonable for the bank to request the full text of a document affecting title to the property. Banks can refuse to do business with...
Archived
Can I sue a Wells Fargo?
Daniel's answer
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Answered on June 28, 2016
Send a "notice of billing error" to the address on the statement for billing errors, pointing out the above and asking for a refund. If they fail...
Archived
Does the Federal Fair Debt Collection Practices Act apply when debtor and collector are both in same state?
Daniel's answer
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Answered on June 26, 2016
No, it applies. There is also an Illinois Collection Agency Act.
My mother is being sued by a "debt collector" for $18.000, she is 85 years old, . Her only income is SS.
Daniel's answer
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Answered on June 24, 2016
The provision of the information to a third party is an FDCPA violation, but they may (or may not) have a bona fide error defense.
Your mother...
How can I legally add my daughter to my mortgage in case something happens to me she can continue to pay the mortgage?
Daniel's answer
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Answered on June 23, 2016
She has that right by statute (Garn St. Germain Act). Can be put on title by quitclaim from you to the two of you.
Archived
Can i go to jail for a loan i didnt claim?
Daniel's answer
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Answered on June 23, 2016
Both the request for the advance fee and the current contact are scams. Do not pay.