Archived
In my state the statute of limitations for collecting credit card debt is six years what happens if I move to a different state?
Daniel's answer
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Answered on January 18, 2015
This is not a question that can be answered in the abstract. Some states apply their own statute of limitations. Some states "borrow" a shorter...
Archived
Question about Usury Law. Please help.
Daniel's answer
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Answered on January 17, 2015
There isn't. Under federal law, banks can "export" the rates they can charge in their home states to customers located in other states. Federal...
Archived
Can you use your mortage insurance to pay your mortage in full
Daniel's answer
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Answered on January 17, 2015
No. FHA mortgage insurance insures the lender against your failure to pay. The loan documents require that you keep the property insured against...
Archived
Do I have to pay interest on a judgment, even if the creditor did not demand it and it was within 30 days of entry?
Daniel's answer
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Answered on January 16, 2015
Yes. Interest on a judgment is 9% simple interest from entry. It is probably trivial, although you don't state amount of judgment.
Archived
Can a bank take money owed on a credit card from a checking account before giving money to estate?
Daniel's answer
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Answered on January 14, 2015
No, with qualifications:
15 U.S.C.A. § 1666h
§ 1666h. Offset of cardholder's indebtedness by issuer of credit card with funds deposited with...
Archived
I am being sued for defaulting on a credit card. What should I do ? And what realistic options do I have?
Daniel's answer
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Answered on January 13, 2015
Never assume that you cannot avid a judgment. A debt buyer usually cannot prove anything ,including its ownership of the debt. Consult a consumer...
Archived
Can a debt collector serve a citation to discover assets to my bank after they already won a decision for wage garnishment?
Daniel's answer
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Answered on January 12, 2015
It appears they are looking for more money. You have the right to assert a "wildcard" exemption for $4,000 from the account. That can be asserted...
Archived
Are satisfied judgments (which were not made by default or confession) capable of being vacated?
Daniel's answer
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Answered on January 12, 2015
If you have a satisfaction you file a motion to vacate/ dismiss, attaching it, with notice to the judgment creditor. You are entilted to vacation/...
Archived
Can a car dealership share your personal information with out a credit application fill out or signed
Daniel's answer
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Answered on January 12, 2015
A prospective purchaser of your credit obligation has a permissible purpose for obtaining your credit report, even without your written consent.
Archived
My bank withdrew $500.00 out of my checking account. They said it is for a withdrawl that happened on 12/1 and it put my account
Daniel's answer
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Answered on January 12, 2015
You are entitled to reversal of the debit and any fees or charges imposed as a result. Inform the bank and follow up in writing.
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