Skip to main content
Victor R. Wandres

Victor Wandres’s Answers

142 total

  • If you have a debt that was charged off can they charge you for interest on that debt

    I am being told I owe over $2,000 on a debt that was charged off several years ago, If it was charged off then why do I owe this

    Victor’s Answer

    It seems that what your question really goes to is whether the debt collector can charge you the INTEREST on the charged off debt. This is a complex question, but the following article does a pretty good job at examining it:

    Also, Regulation Z of the Truth In Lending Act (TILA) states that interest may be added to charged off debt ONLY if the creditor (or debt buyer) sends periodic statements to the consumer showing the interest.

    Learn your rights under the FDCPA! If you believe you have been the victim of debt collection harassment, contact a consumer protection lawyer. We practice in Oklahoma and would be happy to provide you with more information on your rights as a consumer.

    See question 
  • Was sued then i immediately filed bankruptcy but still was garnished. 3 Months later I still haven't gotten the money back.

    I was served on 8/12/2014 for a unpaid Hospital bill. I filled bankruptcy weeks after and then a month after I was garnished, that happened 3 different times. I have completed the "Meeting of The Creditors" and am just waiting on my bankrupt...

    Victor’s Answer

    We sue debt collectors under a law called the FDPCA. We are able to do this without charging our clients when they've been wronged. We practice statewide in Oklahoma.

    If the creditor or its law firm knew that you declared bankruptcy, the action of continuing with the garnishment may be a violation of the FDCPA entitling you to your money back and up to $1,000 in statutory damages. Please feel free to contact my office for further information.

    See question 
  • A guy called said he was with us locater service said was sending some papers out if i didnt sign for them i would be in contemp

    was working for westgate arbitration he called it media arbitration but if i didnt sign would be in contemp of court but they will not send proof of debt

    Victor’s Answer

    It's a scam! Process servers never threaten to serve papers -- they just do it!

    Many of these scammer debt collection firms use words like "arbitration" and "litigation" in their names. Don't fall for it. Ask them to tell you their address so that you may write to them to request validation of the debt. Ask for their website. They won't tell you that info? Then, report them to the police and the OK Attorney General.

    If something makes you believe they are legit, contact a consumer attorney that practices FDCPA law.

    See question 
  • Can I be force to pay a loan that I did not take out

    My ex boy friend used my personal information to take out a payday loan online and because I don't have proof he did it my check is being garnished because he electronically Sign my name with my dob and ssn how can I proof that I did not...

    Victor’s Answer

    Is there a judgment against you? If not, you need to tell your bank to cancel authorization for them to auto-debit your bank account. There are so many scam artists that follow pay day loan companies. The extra information you added makes it sound like you are being contacted by a scam artist to me.

    See my post about scam artist debt collectors here:

    See question 
  • What can happen to me if I am being sued and I have no assets, no bank accounts and no employment

    I am being sued for a private student loan I took out 8 years ago and the suit was filed last year

    Victor’s Answer

    You may be "judgment proof." However, if you're being sued by a debt buyer who purchased your defaulted student loan, we've had success with getting these types of lawsuits dismissed without our clients having to pay anything to the junk debt buyer. It's also possible that the junk debt buyer has violated the FDCPA in their contacts with you. You should contact an attorney specializing in debt defense to check out your options. Our website is below.

    See question 
  • What steps do I need to take to take someone to small claims court.

    Its regarding past due wages and want to file in court instead of labor board

    Victor’s Answer

    Many attorneys will take these claims without charging you or taking a portion of what you are owed. If you are not going to file with the labor board, your interests would be better protected by contacting an attorney that specialized in this area. Such an attorney will likely also pay your filing fee for you, as they will be able to get in reimbursed in the judgment.

    If you a debt set on filing doing this alone, Tulsa Small Claims Court maintains a website with forms and instructions. The process and forms will be the same in Pottawatomie County. The link is below.

    See question 
  • I've had a new 2014 Accord since 5/16/2014 and still have no financing three months later. Can I return the car?

    They initially said my FICO was okay, but I've been getting denial letters from numerous banks since May. I haven't heard from the dealer and my dealer tag has expired, I'm wondering should I wait until they''ve exhausted their resources or just ...

    Victor’s Answer

    I'm surprised they let you off the lot with a new car, and even more surprised that the dealer hasn't called you after financing failed.

    If you've signed nothing with the dealer or a financing company, then it would be difficult for them to sue you for anything. You may just be able to bring the car back to the dealer if you haven't signed any agreement to purchase or if that agreement is contingent upon you obtaining financing.

    What the dealer cannot do is call you back in and demand an increased amount for the vehicle. If that happens, contact a consumer attorney, as they will likely be able to represent you without charging you anything as a result of an illegal "yo yo sale."

    See question 
  • Are tenants responsible for full months rent if notice was given 26th of month?

    Was told by phone they would be moving by 20th of following month. They say I have the security dep

    Victor’s Answer

    I agree with the others here. If you had a month-to-month tenant, then notice would be effective as if it was given on the first of the month. Tenant is on the hook for the full month, and will be in breach if he/she does not pay when they are supposed to pay.

    Oklahoma law does not require that the security deposit be applied to the last month's rent. After the tenant has vacated the premises, he/she has 6 months to request in writing that the landlord return the security deposit. The landlord has 30 days to then provide the security deposit to the tenant or provide the tenant with a detailed list of items of damage that the security deposit was applied to instead of returning it to the tenant. See Title 41, Section 114 of the Oklahoma Residential Landlord-Tenant Act for more information.

    See question 
  • About 3 years ago I fell behind on making payments to rent 1st on 3 items I had made my payments for 3 years straight and

    I fell on hard times so I had stop making payments I lost my house and when I went home to remove my things I told them to come get the turns out they never came and got so I don't know where the stuff went I only owed maybe a little over...

    Victor’s Answer

    It's very possible that you are being contacted by a scam artist who may have gotten a hold of your credit report and is trying to scare you into paying them by threatening prison. Have you Googled the number calling you or typed their name into Google to see if others are reporting similar calls and threats?

    We often sue debt collectors for making these types of false threats to consumers. Please feel free to contact our offices for a free consultation.

    See question 
  • If the stat of lim passes between a response to a summons and a motion against that response, can the SOL be used as a defense?

    My brother recently got a default judgment on a credit card debt entered against him. I'm looking into requesting a motion to vacate the judgment but am uncertain as to what good it will ultimately do. The law suit started with a summons to whic...

    Victor’s Answer

    While the statute may have passed (assuming that the debt was on a written contract), there may be other defenses to your brother's lawsuit. If your brother was sued by a third-party of "junk" debt buyer like Midland Funding or Cavalry, or Portfolio Recovery Associates, then this is especially true.

    However, it is very important that a Motion to Vacate be filed within 30 days of the date the default judgment is filed with the court or else the reasons why a judgment can be vacated narrows significantly. Filing a Motion to Vacate is a difficult process and is not one I would recommend doing without an attorney.

    We handle these types of cases statewide in Oklahoma. Please feel free to contact us for a free consultation.

    See question