Archived
Is there any way to prove a debt collector is violating FDCPA and state laws if you cannot record the calls?
Richard's answer
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Answered on January 09, 2012
Besides taking notes, after the call you can fax them a letter confirming what was said and inviting them to respond if they do not believe that...
Archived
A trucking company is trying to bill us for a shipment we did not contract them for
Richard's answer
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Answered on January 09, 2012
From the facts that you stated, no. However, to give a better opinion, it would help to review the documentation and to hear the trucking...
What should I do with this Midland Funding LLC lawsuit that I got?
Richard's answer
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Answered on January 08, 2012
Midland Funding is a "debt buyer." It buys old accounts from other collection agencies and creditors, usually paying just a couple of cents on the...
Archived
Debt Collection: Does the collection agency have to put settlement agreement in writing?
Richard's answer
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Answered on January 08, 2012
First of all, their demand for a "convenience fee" may be an illegal debt collection practice, in violation of federal law and of California law. ...
Archived
How can I get someone to cash checks that I am writing (Court Ordered)?
Richard's answer
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Answered on January 08, 2012
What is the court order? Is it a civil judgment, or a Small Claims judgment, or is it a criminal restitution order, or is it some other kind of...
Archived
If my car is registered under a trust, can it be levied by a court judgement from a debt collector?
Richard's answer
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Answered on January 08, 2012
How much is your car worth? Is there a lienholder (i.e. a lender with a security interest)? Under California law you have an exemption of a...
Archived
I was married in 2002, separated in 2005 and was told I'd been divorced in 2006 by my ex from Nevada somehow, via paper. True?
Richard's answer
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Answered on December 24, 2011
Will your ex tell you the case number? Or the name of the court, i.e., County of X? Do you know the name of the city in Nevada where the ex lives...
Archived
What process in CA must a lending entity follow to enforce a UCC filing on accounts receivables?
Richard's answer
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Answered on December 24, 2011
Is this a business debt or a consumer debt?
If it is a business debt, you should retain an attorney. There are details which are not included in...
Archived
Attempting to collect a $26,330+ judgment and the Debtors filed a motion to set aside the default judgment on Jan 10, 2012!
Richard's answer
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Answered on December 21, 2011
An Order to Appear for Judgment Debtor Examination must be served personally. Is your judgment against an actual, living person, or against an...
Is it legal for a mediation firm to contact people you know to tell them you are being sued?
Richard's answer
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Answered on December 21, 2011
No mediation firm works in this way. A mediator only works after he/she is contacted by both sides. What this "mediation firm" is doing is using...
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