Archived
How come a collection agency reports to the CRB w/ a super high balance & the 2 other in collection reports the original balance
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Answered on February 28, 2012
The Fair Credit Reporting Act is somewhat complicated. You may have a right to sue under the FCRA and recover "statutory damages" of up to $1,000,...
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Archived
How likely is it for the motion to vacate default judgement to be granted?
Richard's answer
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Answered on February 28, 2012
Time is short. You need to file a motion to vacate the default. The legal grounds will be, first, that the court did not have personal...
Archived
How longs takes for a Collection agency to put dispute in my credit report but what about the credit bureaus
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Answered on February 27, 2012
The collection agency is supposed to inform the credit bureau(s) to which it reports that you are disputing the debt. If the debt was reported by...
Archived
Do I have to grant the plaintiff's attorney extra time to produce discovery in a credit card case. I already gave them 30 days.
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Answered on February 27, 2012
It is common for attorneys to grant such extensions. As a matter of professional courtesy, my law office always grants such courtesies, on a...
What is the statute of limitations on a payday loan in california?
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Answered on February 27, 2012
Unless they obtained a default judgment against you, the statute of limitations is, at most, 4 years from date when the last payment was due or was...
Archived
On a Writ of Execution, is the amount at the time the Writ is served on the bank subject to the levy? Deposits 2 hr after no?
Richard's answer
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Answered on February 26, 2012
The bank is correct. The Writ is still good, and you can use it to levy on the same bank account, another bank account or garnish wages.
Archived
I loaned my daughter $5,000 March 2011. How much time do I have to collect. The checked I wrote stated loan on the memo.
Richard's answer
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Answered on February 26, 2012
An oral promise to repay is enforceable for two years after the due date.
Archived
Can a collection agency add interest to your old credit card debt?
Richard's answer
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Answered on February 26, 2012
They can add interest at the amount in the credit card agreement. Whether it has been charged off does not affect the accrual of interest. If...
Archived
Does a credit card arbitration agreement still apply if they sell a debt to a collector?
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Answered on February 24, 2012
The assignment of the account to a debt collector does not void an arbitration clause. However, a majority of arbitration clauses found in credit...
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Archived
Should we send a letter to collection agency who sued us to not waste time since we have no income/assets they can garnish?
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Answered on February 24, 2012
In my personal opinion, such a letter would just be a waste of a postage stamp. They will continue in order to obtain a judgment. You should file...
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