Archived
If a suit was filed and dismissed w/o prej. within the SOL, can another suit be refiled after the SOL of that debt has expired?
Robert's answer
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Answered on August 24, 2013
As stated by Mr. Lysle, if an untimely lawsuit is served but not timely answered with the proper affirmative defenses, the Plaintiff can obtain a...
Archived
Is it illegal for a 3rd party collection agency to call and threaten me by saying the will have me put in jail or sued
Robert's answer
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Answered on August 23, 2013
Threats of criminal prosecution for an unpaid debt violate the Fair Debt Collection Practices Act (FDCPA) and the Cal. Rosenthal FDCPA. I also can...
How do I get a copy of my contract of a gym membership? If they will not give me a copy.
Robert's answer
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Answered on August 16, 2013
I have free sample letters for consumers in the link, below, on a website. Take one of the letters such as 2.3 which is to cancel a sale and...
Archived
I stopped paying on a credit card debt in 2006, due to a lost job. The creditors attorney just called to tell me they are
Robert's answer
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Answered on August 16, 2013
If the statute of limitations (SOL) has expired on a credit card debt that was used primarily for personal, family or household purposes, then it...
Archived
Referred to a pain doctor. Never asked or billed for co-pay or any additional cost. Two years later sent bill then collection
Robert's answer
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Answered on August 16, 2013
Your posting has two key issues: (a) failure to bill immediately after medical office visits and (b) reaction to one of the procedures with scar...
I am attempting to obtain zero balance letter from collection agency as I have settled a debt.
Robert's answer
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Answered on August 16, 2013
If you paid with a personal check, the debt collector may also be waiting to ensure that you don't try to stop payment. A 30 day wait is not...
Archived
If I tell a medical company I can only pay so much can they refuse to take that amount and push for more?
Robert's answer
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Answered on August 16, 2013
The problem with paying only $50/month is that it will never get paid off, since they will also add interest on the balance. The legal rate is 10%,...
Archived
Which county to deliver wage garnishment to?
Robert's answer
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Answered on August 16, 2013
The place where the payroll is prepared would probably get it to the payroll department faster, but most likely it does not really matter, the...
If the creditor does not oppose my claim of exemption, what happens with the judgment?
Robert's answer
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Answered on August 16, 2013
Nothing. The judgment will not be paid from your current wages, but if they are able to levy your bank or investment account or collect funds from...
Archived
Cite FDCPA in validation letter eventhough it is past 30 days of initial letter from debt collector?
Robert's answer
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Answered on August 16, 2013
The date on the letter is not the date from which the consumer's 30 days expire, it is 30 days from the date the consumer receives the letter. A...
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