Archived
'Investigator' told me I was being charged with a Class D Felony in CA for check fraud for a payday loan. HELP!
Lisa's answer
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Answered on July 16, 2015
Failure to repay a debt is not any type of crime, misdemeanor or felony. The call you received was probably from a "scammer" -- someone involved...
Archived
Do FDCPA debt collections laws still apply if you are a cardholder of a major retailer, and are also employed by said retailer
Lisa's answer
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Answered on July 16, 2015
The FDCPA applies only to "debt collectors" who are collecting debts for others. The corresponding state law, known as the Rosenthal Act, applies...
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Archived
If you tell a collector to stop calling you, how long do they have to comply?
Lisa's answer
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Answered on July 16, 2015
Receipt of your "cease and desist" letter was adequate notice that you were exercising your rights. You sent a certified letter and have proof...
Why would a financing company issue a bench warrant on a civil debt? How can they?
Lisa's answer
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Answered on July 15, 2015
Failure to pay a debt is not a criminal offense. The only conceivable criminal charge might be Failure to Appear in court when you were previously...
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Archived
Looking to consult with attorney regarding judgement of a medical bill. Writ of execution has already been granted to creditor.
Lisa's answer
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Answered on July 15, 2015
Unfortunately, the time to dispute the amount of the bill was during the collection lawsuit. If you did not answer the complaint or litigate that...
Archived
Can I submit a Claim of Exemption and file a motion to Cancel a Judgement at the same time?
Lisa's answer
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Answered on July 10, 2015
Yes. If you were not served with a summons and complaint because the plaintiff attempted to serve the documents at an address where you did not...
Archived
Can I file for bankruptcy even if not all my accounts are in collections?
Lisa's answer
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Answered on July 08, 2015
If you file a bankruptcy case (either chapter 7 or chapter 13) you must identify all creditors and all debts in the bankruptcy filing. That means...
How long does a debt collector have to re-file a debt collections case that was dismissed without prejudice?
Lisa's answer
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Answered on July 06, 2015
Generally, the statute of limitations period begins to run when the default occurs, which is typically the first missed payment. Various actions...
Archived
How do I respond to a collection agency after being served? I'm pretty sure the statue of limitations to being sued is expired.
Lisa's answer
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Answered on June 30, 2015
First, talk to an attorney that regularly handles debt collection defense. The attorney should be able to analyze whether the applicable statute...
Archived
Can apartment complex manager levy disabled minor childs SSI benefits ?
Lisa's answer
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Answered on June 29, 2015
You must immediately file a Claim of Exemption which states that the funds are Social Security funds - and therefore completely exempt (unavailable...
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