Archived
FDCPA: Collection account transferred to a second collection agency while my lawyer was working on it. What's that all about?
Richard's answer
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Answered on February 11, 2012
Sue both collection agencies. The first should have told the second that there was attorney representation. The second one should not have...
Archived
I have been served for a past due credit card debt. How can I file an answer?
Richard's answer
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Answered on February 11, 2012
Calculate the time deadlines. In the vast majority of credit card collection lawsuits, the creditor gets a default judgment. I suggest that you...
Archived
A friend willingly paid for a procedure for me but now wants to sue me. There s no written agreement that says I will pay back.
Richard's answer
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Answered on February 11, 2012
I suspect that the friend was more than a "friend" and that the "procedure" was an elective surgical procedure done to "enhance" your appearance. ...
Archived
Out of state collection agency is sending me collection letters for my ex-husband sole proprietorship business debt.I live in CA
Richard's answer
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Answered on February 10, 2012
You should have a lawyer send this collection agency a letter. Also, check your credit report. If they attempt to list this debt on your credit...
Archived
Can alimony debt be assigned for collection?
Richard's answer
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Answered on February 10, 2012
You need to consult a family law attorney. The Mexican decree must be domesticated in the USA, specifically in California. Your sister does not...
Archived
Does a company have recourse for debt incurred if customer dies before service complete?
Richard's answer
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Answered on February 10, 2012
Assuming that the contract was with your father only, with no other person signing, and not signed by any trust, the company must file a claim with...
Archived
Debt collectors rights to collect on an auto loan debt when they purchased the debt from the original lender.
Richard's answer
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Answered on February 10, 2012
If a proper assignment was executed, the collection agency is the legal owner of your obligation under the account. However, you may have some...
Archived
Death of husband - in california am I responsible for credit card balances
Richard's answer
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Answered on February 10, 2012
Probably not. The house is now solely in your name. It became yours when you recorded an Affidavit of Death of Joint Tenant. It is not part of...
Archived
Can I use a General Denial (PLD-050) to dispute a summons from a collection agency if the sum they are claiming is over $1,000.
Richard's answer
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Answered on February 10, 2012
Yes, you may use this form. A General Denial is one type of Answer. I suggest that you spend 60 minutes in a law library. Look for a Pleadings...
Archived
Debt collectors are calling my parents in law house for the wrong person.
Richard's answer
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Answered on February 10, 2012
Both the parents and the alleged debtor have claims under the FDCPA and under the Rosenthal Act, assuming this is a consumer debt. The parents...
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