Archived
What can I do When A Third Party Collection Agency Brings A Law Suit Against Me for a Credit Card Debt?.
Dane's answer
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Answered on July 13, 2014
By time barred debts, you mean the defense of statue of limitations which is a state law (different in every state) which limits the time allowed...
Archived
Is an adversary complaint considered service if the summons has not been issued by the clerk of court?
Dane's answer
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Answered on July 13, 2014
In Utah the answer is due 30 days after issuance of the summons which is issued by the clerk of the court upon plaintiffs request. Summons must be...
Archived
I heard that a debt buyer cant charge interest on a charged off credit card, is this true?
Dane's answer
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Answered on July 13, 2014
Yes they can add interest. If they have the contract they get statutory interest plus late fees and collection costs and attorneys fees. If they do...
Debt collector sent me a letter of intent to sue. Does this mean they will?
Dane's answer
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Answered on July 12, 2014
Since federal law governing debt collectors prohibits threatening any action that the collector does not intend to do, they probably will follow...
Archived
What options do I have in regards to a false debt under my name? Can I sue the debt collector for false debt practice?
Dane's answer
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Answered on July 12, 2014
Sounds like the collector will probably sue you first, at which point you will get to answer and counterclaim. Don't attempt to do this by...
Archived
I have a judgment against my ex-tenants. How do I garnish their wages?
Dane's answer
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Answered on July 12, 2014
Since you do not live in SD it may be worth your time to retain a local debt collection attorney. They may take this on a cost plus % basis . They...
Archived
Can a student loan be added into a bankruptcy?
Dane's answer
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Answered on July 12, 2014
In filing bankruptcy, all debts must be listed. If a bankruptcy has already been filed and the debt was not listed it should be addded. However,...
Archived
What happens if I'm in the process of filing for bankruptcy and I get papers from creditor to be in court for a debt I owe?
Dane's answer
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Answered on July 12, 2014
You really should ask your lawyer. Generally, if you file the bankruptcy before the court date the bankruptcy stay means you do not need to go to...
Archived
Is $50 per day late fee legal in ca?
Dane's answer
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Answered on July 12, 2014
Generally the contract will determine late fees subject to any statutory limitations imposed by state law or local ordinance. In certain situations...
How does someone restart a garnishment against you if you change jobs
Dane's answer
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Answered on July 12, 2014
The creditor can have another garnishment issued to the new employer. The can also order to come to court to answer questions including new...
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