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Victor R. Wandres
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Victor Wandres’s Answers

142 total


  • Don't know what to do. Collector still collecting an account that is almost 6 years old and I swear I settled this already.

    The problem is I no longer have the papers to prove this. Should I ignore this?

    Victor’s Answer

    If the last payment that you made was over five years ago, the debt is likely too old to be enforced in court in Oklahoma. However, many factors can go into this calculation. You should contact an attorney experienced in debt collection and FDCPA matters to be sure that your dad is out of the statute of limitations. You have the right under the FDCPA to request debt validation from the debt collector, but this usually does not result in much more information than they are already providing to you, unfortunately.

    However, if you are certain that the debt is past the statute of limitations, or certain that you have already settled this debt, you also have the right under the FDCPA to tell the collector that you *refuse* to pay the debt. Once you tell a collector that you refuse to pay them--in writing--they may not contact you again, except by filing a civil lawsuit against you. However, if the debt is past the statue limitations, then once you tell a collector that you refuse, that is the last time you should hear from that collector. If they do call you or write to you again, you will have a valid claim against them under the FDCPA entitling you to statutory damages of up to $1000 plus free legal representation.

    Be sure to include your account number in your letter, and be sure to make a copy of the letter before you send it. Lastly be sure to send the letter by certified mail so that you can prove they received it. If you hear from them again after they receive your refusal letter, you should contact in FDCPA attorney. Our office can provide additional information at www.paramountlaw.net.

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  • If I purchased a car being told that I would recieve a copy of the bill of sell and never recieved it am I screwed

    I never recieved my copy of bill of sale and now the lady I bought the car from is hiding my car from me and won't answer my calls is there anything I can do to get my car back or at least get my money back

    Victor’s Answer

    If you purchased the vehicle from an individual, and you can prove that payment was provided, you should file a small claims action against the individual that sold you the car to either get your money back, or get the car and title provided to you.

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  • Can i have a collection removed

    I have had a vehicle impounded for out of date registration. It was kept at Barnes Wrecker service for about 6 months. I did fail to get thr car out before Barnes sold it. However they did not notify me by phone or by certified mail before the ...

    Victor’s Answer

    After repossession occurs, the lender must send the consumer two different letters regarding the auction of the vehicle. The first letter states when the auction is going to occur, among other things, and the second letter states the amount of the "deficiency balance" that remains after the auction proceeds are applied to the past due balance. You should contact your lender and have them fax you a copy of the letters that they sent. In Oklahoma you have the right to record your telephone conversations without telling the other party. You should record this conversation. These letters often have errors in them, which may enable you to defend against the amount that they are seeking.

    If the debt is appearing on your credit report, you should write to the credit reporting agency and tell them that you dispute the amount. Be sure to include as much information as possible in order to support your claim. This should be done via certified letter so that you can prove they received your dispute. Credit reporting agency will investigate and check with the lender in order to obtain verification of the amount. If the lender does not respond, or if the credit reporting agency determines that your dispute was valid, they will remove the item from your credit report. If they do not, you should contact protection attorney that practices in the area of Fair Credit Reporting.

    Lastly, if you are sued for this debt, you should contact attorney the practices Debt Collection Defense as soon as possible to prevent a judgment from being entered against you.

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  • I live in Oklahoma, can I be held responsible for my wife's unpaid medical bills?

    If I am responsible to pay, should I try and negotiate the bills down to lower numbers? Thanks, Steve

    Victor’s Answer

    Unfortunately, yes. Under the "doctrine of necessities," and a specific Oklahoma statute, spouses are liable for each other's medical bills. You can try to negotiate the debt as medical providers routinely charge full "chargemaster" rates when there is no insurance, and will likely reduce this amount if a patient is "self pay." If you have been sued for the debt, you should contact an attorney in order to prevent a judgment against you.

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  • Mortgage Servicer sold servicing rights after I filed Chapter 13.

    Its been two weeks since I filed chapter 13 and today I receive a notice that my mortgage servicer has transferred my home loan. My Mortgage payment is to be paid to the trustee for the life of the plan. Do I have to amend the petition to reflect ...

    Victor’s Answer

    If the notice was sent to you directly, not your attorney, this is a possible violation of the automatic stay and also of the FDCPA. You should talk to your attorney about these possibilities. If your attorney would like to discuss these claims with my office, please have them call me.

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  • Being sued in Louisiana for debt from 2 years ago. What should I do?

    I received a "long-arm citation" from an attorney's office in Louisiana for debt from a little over 2 years ago. It was mailed to me, and I was not the one who signed for it. Also, the attorney's letter says I have 15 days to respond, but readin...

    Victor’s Answer

    We practice FDCPA law and sue debt collectors that don't follow the law.

    Was the debt incurred in the county (parish) that the lawsuit was filed? If not, then you may have a claim against the law firm or the debt collector for filing the lawsuit in a county that you do not reside in.

    If the debt WAS incurred in the parish where the lawsuit is pending, you should contact a NACA attorney that practices "debt defense" law in Louisiana. A list of these attorneys may be found at www.naca.net.

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  • Do I still need to respond to a summons if I have just paid the medical bill in full before the court date?

    I had emergency surgery just over a year ago. I am Native American and didn't have insurance at the time. There was an advocate that has requested payment from Indian Health Services for my hospital bill but I later found out that I am responsible...

    Victor’s Answer

    • Selected as best answer

    $800 is steep for them filing a simple form Petition and court costs. You should file an Answer and state in your answer that the debt has been paid in full. As them for documentation supporting their hours and costs in writing after you file your answer.

    Contact an FDCPA lawyer if they do not agree to give these documents to you.

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  • I keep getting a call from a place else about a supposed payday loan for 664$ when I ask questions I get hung up on its from 06

    They say it's from 2006 I ask questions and I get hung up on the lady is rude and they are using my maiden name

    Victor’s Answer

    We sue debt collectors that don't follow the law. Our website is http://www.paramountlaw.net

    However, your's is likely a scam artist that may have nothing to do with your loan. There are many scammers that follow the crumbs of old pay day loans. These scammers sometimes even have a copy of your credit report back from when you first obtained the loan. If the last payment made on the pay day loan was over 5 years ago, the debt is too old to be collected as it is barred by the "statute of limitations."

    The FTC has recently issued a consumer advisory about fake debt collectors (link below). The CFPB has tips on how to identify scam artist debt collectors (link below).

    Unfortunately, if they are just fly-by-night scammers, then there is little that I, or any other consumer protection attorney, can do for you. Reporting them to your local police department, the FTC, the CFPB, and the Oklahoma Attorney General's Office is your best option. I recommend that you file all 3 complaints in order to try and shut these guys down.

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  • Do i have the wright to sue this company for

    Slandering my name bulling me an sexual harrissing me an putting me in a life threating postion. An hes tried fighting me more than one time on job i have filed four formula complaints an they have ignored them nothin has happend to the boss i got...

    Victor’s Answer

    Possibly. But your first step is filing a complaint with the EEOC. You may do so by calling the Oklahoma City EEOC office at 405-231-4911 or the EEOC National Contact Center toll-free at 1-800-669-4000.

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  • I have been sued what do I need to do?

    I received a summons for old credit card they are asking for 5987dollars collection agency Midland Funding LLC

    Victor’s Answer

    You need to hire counsel. We handle cases filed by Midland Funding in your area.

    http://paramountlaw.net/midland-funding-llc-dismisses

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