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Debt collector did not validate debt and they reported to credit bureaus: in mid November I received a letter from a debt collector informing me that I have an unpaid debt with my cable company in the amount of $126. I don't know where this debt came from and asked for validation. I sent the letter via certified mail and they received it in early December. I never heard back from them. Last week this debt appeared on all of my credit reports. Have they violated the FCRA and FDCPA? Do I have a case to sue them?

Asked over 2 years ago in Debt Collection

Scott’s answer: FCRA cases are not easy ones. you must get evidence of intentional or negligent action against the collection company for the violation, next is the damages it caused you such as credit being denied. however, you could lodge a complaint with the FL state office that controls the regulations of collections in FL. otherwise, seek out an Attorney that has knowledge in collections law in FL.

Answered over 2 years ago.

Lived with a woman for 8 years, she sold all my personal belongings.: Short of the long, lived with a woman for 8 years, helped pay the mortgage and bills did up grades to the house etc. Was on probation and was caught with a DUI thus a violation was issued I ended up doing some time. When I got out she sold all my business assets and personal belongings. She said she had bills to pay. What recourse do I have? WE are NOT together anymore. If I can sue what time frame do I have?

Asked over 2 years ago in General Practice

Scott’s answer: First, this is not a personal injury question. Sounds more like conversion of personal property. You have until the statute of limitations in your state runs out to file suit against your former roommate for the property conversion. in MD and DC, this would be 3 years from the date of loss. You will have to prove your property existed, it was taken and sold without your consent. Contact your local Bar association to find a referral for a local attorney dealing with a potential suit. You may also want to file a police complaint against her for the conversion of property as a theft case. Good luck

Answered over 2 years ago.

I am disabled. I have a claim for personal injury that I won. Is this income or just an asset for Ch13 bankruptcy?: I want to qualify for a 3 year plan with my wife. However, I do not know if I can do so because of my personal injury award. I was awarded money for my injury, and I am receiving installment payments of $2000 a month (the total amount left is $24000). The question that I have, is whether the personal injury award would be considered income that would be calculated on the Means Test or whether it is just an asset that was exempt?

Asked over 2 years ago in Chapter 13

Scott’s answer: I am not a CA attorney, however, the General Rule of most personal injury awards is that it is NOT income nor an asset as defined by the IRS. Therefore, it is not subject to reporting to the IRS and therefore taxable money. Exception, if the award was based on punitive damages, then it could be considered as income. With that said, you need to speak to a local Bankuptcy Attorney in CA about whether this money could get comingled in a BK filing and be subject to Trustee control. Good Luck.

Answered over 2 years ago.