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.
Archived
How can my bank continually put charges through my account instead of rejecting them if there is not enough cash to cover it?
Daniel's answer
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Answered on January 12, 2015
Overdraft protection requires your agreement. You should obtain all of the documents relating to the account and make sure you did not agree. Ask...
Archived
What steps should I take to resolve a default judgement from an old credit card debt?
Daniel's answer
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Answered on January 12, 2015
The current amount owed is $1600 plus costs plus 9% simple interest for the period from entry to present. That being said, the creditor probably...
Archived
What documents must a "junk debt buyer" present in court at trial?
Daniel's answer
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Answered on January 11, 2015
The answer depends on the nature of the case; for example, credit cards often do not involve an executed contract. You should hire an attorney to...
I had a recovered repo with SANTANDER but it is showing as a charge off on my credit report.
Daniel's answer
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Answered on January 11, 2015
You need to challenge this by a letter to each credit bureau that is misreporting the item. Send a copy to Santander. If they do not correct in...
Archived
I mailed my payment, creditor still had my account frozen, can I sue for damages?
Daniel's answer
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Answered on January 09, 2015
1. Send a letter (always use regular as well as certified mail, or fax if you can) stating that you have tendered full payment (make sure you...
Archived
My car was repo-ed back in 2010 and Well Fargo is still reporting it as a charge-off, every month! Is this legal?
Daniel's answer
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Answered on January 09, 2015
A chargeoff implies a loss on the account and there isn't one in this case. Depending on what is being reported, Wells Fargo may be violating the...