Archived
I sent a dispute validation letter to a creditor. The creditor sold (or gave) the debt to another collection agency/firm.
Shawn's answer
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Answered on July 05, 2012
By the FDCPA all the creditor is required to do if you dispute is stop collecting. That does not stop them from selling, or the more likely...
Archived
Is it legal for someone to take your whole check under garishment
Shawn's answer
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Answered on July 04, 2012
Typically your retirement is exempt from garnishment. Without more information about the type of debt and how it was taken, i.e. bank account was...
Archived
Can Plaintiff file discovery against pro se defendant?
Shawn's answer
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Answered on June 30, 2012
Discovery is generally not allowed in small claims without evoking the full rules. However, in county and circuit court discovery is allowed on all...
Archived
Can i get arrested for not repaying a payday loan in florida, i was told by a lawfirm that they were issueing a warrant for my
Shawn's answer
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Answered on June 21, 2012
No they cannot issue an arrest warrant for you. Telling you that is illegal and I suggest contacting an attorney as quickly as possible to be sure...
Archived
Can I be sued even tho I am still making payments?
Shawn's answer
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Answered on June 20, 2012
Most unsecured loans, like Citifinancial loans,,have an acceleration clause that allows them to do this. I recommend contacting a consumer finance...
Archived
I won my small claims case, now what do I do??
Shawn's answer
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Answered on June 19, 2012
The fact information sheet should have information about ways that you have to collect. You can contact an attorney in Florida who can help with...
Can a creditor take our social security checks and/or my pension?
Shawn's answer
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Answered on June 19, 2012
A creditor cannot take your Social Security checks. Now that most are direct deposited into bank accounts they are protected there as well, up to...
Archived
When does the clock start to file an answer after hearing?
Shawn's answer
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Answered on June 19, 2012
It depends on what is said in the order. I typically request it to state "from the date of the signing of this order," which gives me 20 days from...
Archived
My private school loan just defaulted with Bank of America. Can they wage garnish my wife is she isn't the co-signer?
Shawn's answer
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Answered on June 19, 2012
In Florida, a private lender not backed by the federal government cannot garnish without first filing a lawsuit. If this were IRS taxes or a...
Archived
I just got a letter from a law firm saying that boa has assigned them collect my debt however no lawyer is assigned how do I pay
Shawn's answer
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Answered on June 13, 2012
They will typically send you a letter with the terms you agreed to. Once you receive the letter be sure the payment terms match up with what you...
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