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Victor R. Wandres
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Victor Wandres’s Answers

142 total


  • Statue of limitation on hot checks.

    The person was 14 or 16 at the time.

    Victor’s Answer

    I agree with the others. You didn't leave much information for us to help you. If you receive an actual summons in the mail or from a process server, contact an attorney that specializes in debt collection defense immediately.

    But because you added "Collection Agency" and "Debt Collection" as practice areas, I am going to assume that a collection agency is calling you and threatening you with "serving you with papers" or "turning you over to the DA" in your county. These statements are RED FLAGS for scam artists. It is currently a very common scam for phony collection agencies to call and threaten to have you arrested if for an old, hot check if you don't "pay right now." Don't fall for it! Ask them to send you something in writing regarding who they are and what right they have to collect the debt from you. By law, under the FDCPA, a collector must send you written confirmation of your rights to dispute the debt within 5 days of calling you.

    Learn you rights under the FDCPA. You can find some info on my website, http://paramountlaw.net/practice-areas/fdcpa

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  • CAN THEY MAKE YOU PAY IF IT WAS NOT YOU?

    I WAS CALLED THE OTHER DAY FROM CALIFORNIA ON A VISA CARD THAT I WAS SUPPOSE TO HAVE. THAT WAS GOING TO BE SERVED PAPERS AND SUE BECAUSE I NEVER PAID FOR A 2000.00 CREDIT CARD. I TOLD THEM I HAVE NEVER HAD A VISA CARD AND HE SAID YOUR LAST FOUR OF...

    Victor’s Answer

    This sounds like a scam where the scam artist has managed to (illegally) obtain a copy of your credit report. If you have ever taken out or applied for an online or payday loan, you are at risk for this scam. Essentially, it sounds like the person calling you is likely a fake debt collector. Anytime we hear the "served with papers" threat, it puts up lots of red flags that the person calling you is a phony. Check out the FTC's recent warning about fake debt collectors: http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors

    With that being said, be sure to contact an attorney that specializes in debt collection defense and FDCPA violations if a lawsuit is actually filed against you.
    --
    Victor R. Wandres
    www.ParamountLaw.net
    Oklahoma Consumer Protection Lawyers

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  • What do I do if I cant find the person who sued me, court says he's the only person who can release the judgment.

    Neither of us live in the state anymore called the court clerk's only answer was he is the only one who can release the judgment. Is this the only route to take or is their more information out there

    Victor’s Answer

    I suppose that you could have an attorney file a Petition to Vacate the Judgment, and if the attorney is also unable to locate him, then the Petition to Vacate could be served by publication. However, I would start by contacting a process server to see if they can perform a "skip trace" on the person who has a judgment against you. The easiest way to take care of the problem is to locate this person directly.

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  • My income is Social Security and I am unable to pay credit cards. Can they put a lien on my house if my exwife has it?

    I am disabled and my only income is Social Security. I am recently divorced and my wife has the house although my name is on it. I am no longer able to pay some of my credit cards. Can they garnish my Social Security or bank account? What abou...

    Victor’s Answer

    I sue debt collectors that don't follow the law. www.ParamountLaw.net.

    The other attorneys answering here are correct. If the credit card company (or debt collector they buys the debt from them) were to sue you and obtain an judgment against you, then, and only then, would they have the ability to TRY to garnish your bank account on put a lien on your house.

    However, if all of the money in your bank account is social security income, the bank will deny the garnishment as social security income in protected from garnishment.

    Also, provided that that the residence that your wife is living is is being claimed by you as your "homestead," the judgment creditor could file a lien against your house, but could not legally foreclose.

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  • Is there some kind of legal document I can make up that legally splits land?

    The situation is we live on several acres with my grandmother and brother, it belongs to my grandmother and late grandfather. My brother is very bad to do and thinks he owns the whole place. I know as soon as my grandmother either moves or passes ...

    Victor’s Answer

    You really should hire an attorney to help you with this. Doing it on your own is extremely risky and what you risk is not really owning the property at all when it comes time for you to sell it.

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  • Do I need a real state attorney?

    My brothers, sister and I inherited my mother's home, I want to buy it from them and they have all agreed to sell it. I've been told we have to wait a year because it needs to go on probate, what should I do?

    Victor’s Answer

    The simple answer to your question is Yes. If you decide to not use an attorney to make sure that the real estate is properly transferred, you risk not properly owning it at all when its time for you to sell it.

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  • Can i sue my employer and win for humiliation

    well ive been sick coughing really bad and on top of that having multiple asthma attacks yesterday was so bad coughing on every call and at times couldnt even speak because i couldnt catch my breath and the customers asking if im alright really .....

    Victor’s Answer

    You can file a charge with the EEOC against your employer for hostile work environment. You can read instructions on how to do this here: http://www.eeoc.gov/employees/charge.cfm

    If you have medical problems, you may be able to ask your employer for "reasonable accommodations" under the ADA. More information on this here: http://askjan.org/Eeguide/

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  • Pay day loans

    I took out a pay day loan and started to pay back on it when the company close its offices in Oklahoma and left no way to contact them and finish paying them off, but could not find any thing about them or where to pay then in the past year and a ...

    Victor’s Answer

    I sue debt collectors that break the law. www.ParamountLaw.net

    There is not enough information here for me to know when the stature of limitations has ran. However, if they are using 3rd party debt collectors to collect, then you have many rights under the FDCPA, which actually may entitle you to damages.

    Also, you should be aware that there are many scam artists that target people who have taken out pay day loans in the past. Some of these scam artists may have no connection to the actual debt. Read the FTC alert below.

    Please feel free to contact us through our website. www.ParamountLaw.net

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  • Why would a Junk Debt Collector Atty file a lawsuit and not serve process? Do I have 20 days from the filing or from service?

    I found out that a lawsuit has been filed against me for an old junk debt (This is the fourth collector that has contacted me.) because I received an ad from a lawyer offering to defend me. The suit was filed on July 1 and I have yet to...

    Victor’s Answer

    Hire a NACA attorney and watch the court dockets for your case. Junk debt buyers are well known for filing sham "sewer service" in order to obtain a default judgment.

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  • Should I send a certified validation letter to a debt collector that I believe is trying to collect on a non existent debt?

    A debt collector threatened me that a warrant for my arrest would be produced if a did not pay him. It is for a payday loan which I believe to be non existent. He said I was being charged with defrauding a financial institution. He finally did se...

    Victor’s Answer

    It sounds like a scam artist. That is the common threat -- "a warrant will be issued." Can you find a website for the company? Pay day loans are typically how we see scam artists get personal information about clients.

    If you think they are a scam, Report them to the FTC and the CFPB. Check out this link posted by the FTC for more info: http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors

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