How can I avoid my mother being sued by Discover for unpaid credit card debt (she is joint owner)and also avoid losing the home?
Deborah's answer
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Answered on December 27, 2017
You may want to consult a consumer bankruptcy attorney. Based on what your say, your mother may be what they call "judgment proof." Meaning, even...
Can active duty military wages be garnished from a small claims judgement?
Deborah's answer
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Answered on November 21, 2017
The Servicemembers Civil Relief Act (SCRA) limits collection tactics and enforcement of claims against active duty military personnel. The SCRA...
Archived
Can a collector serve me at my job ?they refuse to sent the statement to my residence
Deborah's answer
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Answered on November 10, 2017
Unfortunately, they can -- and many do so deliberately to embarrass and humiliate folks.
However, if the debt is more than 5 years old, it may...
Archived
What level of proof must a debt buyer show to prevail in a Justice Court trial?
Deborah's answer
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Answered on October 31, 2017
Midland Funding, a subsidiary of Encore Capital, is a junk debt buyer against which the Consumer Protection Financial Bureau (CFPB") took action...
I have a very old Judgement that I'm trying to settle.
Deborah's answer
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Answered on October 30, 2017
There are multiple problems here. First, as Ms. Levino rightly points out, if you were never legally & validly served -- with notice of the...
Archived
I have two court rulings totaling $20,000 against two SSI recipients for 7.5 months of unpaid rent and felony vandalism in CA
Deborah's answer
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Answered on August 29, 2017
Social Security Benefits, like many government welfare benefits, are protected under federal and state law, and are exempt from garnishment by...
Archived
I have just been contacted by a creditor regarding old debt that has recently been removed, do i have to dispute it?
Deborah's answer
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Answered on July 13, 2017
Under the federal Fair Debt Collection Practices Act (FDCPA), you have the right to dispute a debt, in part or the whole., and to ask for...
Archived
If a creditor sells my debt am I still bound by the same contract as with the first owner of my debt?
Deborah's answer
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Answered on July 23, 2016
When you say you you had a "written agreement" to pay $157 a month, is that according to a separate, written agreement with Chase? Or Comenity...
Archived
Does it fall under the statute of not?
Deborah's answer
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Answered on April 29, 2016
In Texas, generally speaking, it's a four year statute of limitations, for both written and unwritten contracts. Chances are, if the debt is 7...
Archived
What is the statute of limitations to file suit after defaulting on the loan for non-payment?
Deborah's answer
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Answered on April 29, 2016
It depends on your state's statutes -- every state is a bit different. What is the applicable statute of limitations will also depend on the...
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