Skip to main content
Floyd W Bybee
Avvo
Pro

Floyd Bybee’s Answers

67 total


  • Need help in a collection agency case now gone for Arbitration

    Corporation in Iowa issued business credit card back in 2007. Business collapsed in 2010. Corporation closed. Lost everything invested in business. Lender foreclosed and took over business. Failed to pay remaining business credit card loan. ...

    Floyd’s Answer

    Contact Matthew Jones at 480-426-0920. He is in Chandler and might be able to assist you.

    See question 
  • What should I do abt the phone calls that claim to come from an debt collector attorney's office in regards to my dad's "debt"?

    My dad had cell phone service with T-Mobile for several years. When he moved to a home in MT they didn't provide service there, but they did provide service in the town 16 miles away, so he kept the service so he could use it when he was in town....

    Floyd’s Answer

    What they are doing might violate the Fair Debt Collection Practices Act or FDCPA. I would highly recommend you contact an Arizona attorney specializing in the FDCPA. Most do not charge for a consultation and they can advise whether you have a claim against this collector and how to stop the calls.

    See question 
  • Help in interpret collection agency words.

    Hi everyone, hope everyone is having a good day. I have been going back and fourth with IC Systems - requesting a validation of debt- after my letter that I would sue if the refuse to provide proof that the debt is owned by me. It's an account...

    Floyd’s Answer

    You should contact an attorney specializing in the Fair Debt Collection Practices Act or FDCPA to review your communications with IC Systems. It is usually free, and you might have a claim against the agency.

    See question 
  • How can I have the judgments expunged from the court records or removed from my AmRent, Inc. and credit reports?

    Per Pima County Court in Tucson, a judgment is valid for five years, yet, rental judgments filed against me over five years ago for late payments, continue to appear on my AmRent, Inc. report, and a judgment from January 2010 is on my Equifax cred...

    Floyd’s Answer

    Judgments in Arizona are valid for five years, and can be renewed for another five years. Even if the judgment was not renewed, and is therefore no longer enforceable, it can stay on your credit report for seven years after the date of entry. So a judgment entered in 2010 can show on your credit report until 2017. AmRent is likely to be considered a consumer reporting agency like Equifax, and therefore can report the judgment for 7 years. You have a right to add a comment to your report stating that you paid the rent that same month and were never evicted.

    See question 
  • Would making a partial payment have re-aged the Statute of Limitations on a Breach of Contract?

    In regards to debt in a Breach of Contract lawsuit, would making a partial payment have re-aged the Statute of Limitations? Or would there have had to be no payment at all made in a six year timeframe?

    Floyd’s Answer

    Under Arizona law, a partial payment does not restart the statute of limitations.

    See question 
  • Received lawsuit alleging I owe $6,200.Not my debt.Should I just call plaintiff's lawyer or file a written response to court?

    Hesitant to call plaintiff's lawyer and provide SSN.

    Floyd’s Answer

    If it is not your debt, then the plaintiff, if a debt buyer, and its lawyer may also be liable under the Fair Debt Collection Practices Act for damages to you. Seek out competent legal counsel for this matter.

    See question 
  • I keep getting calls from the same number to my cell phone. When I answer the call no one answers back, When I call the number i

    there is no answer it just rings or it is busy. I have received 50+ calls from this number. What can I do?

    Floyd’s Answer

    Since the calls are to your cell p;hone, they likely violate the Telephone Consumer Protection Act, which provided damages of $500 or $1,500 per call. Talk to an Arizona consumer protection lawyer to see if you have a valid claim.

    See question 
  • Debt Collector Wrong Person Harassment

    I have recently begun receiving calls from a debt collection company asking for someone I don't know. I told them I don't know the person they are looking for but they just keep calling from all over the nation, even leaving messages about how I ...

    Floyd’s Answer

    They are likely scammers if they are asking you to pay the debt, knowing it is not yours. You need to meet with a consumer protection lawyer in Arizona who can review the situation and see if they have violated the FDCPA (likely) and the Telephone Consumer Protection Act (also likely).

    See question 
  • I have a collection account on my credit report which belongs to my husband. I live in Arizona. Can they do that?

    We declared chapter 7 in 2013, discharged January 2014 and I lately noticed a collection account on my credit report which belonged to my husband. It was included in the BK as an individual account. I called the collection agency and they told me ...

    Floyd’s Answer

    If it was included in your bankruptcy, but not reported to the credit bureau until after discharge, then they cannot report as a new account on your credit report. Contact a consumer lawyer to get an opinion to see if you might have a claim against this collection agency.

    See question 
  • Gurstel Chargo was hired by credit card company

    I was served a Complaint for a credit card that has not been paid. I attempted to work a payment plan with the creditor as well as the attorney with no avail. Now they are attempting to receive a Judgement. What is the best course of action?

    Floyd’s Answer

    You need to speak withe consumer lawyer as soon as possible so you can discuss what your options are. Once they have a judgment, your options are more limited.

    See question