| Subject | Date Asked | Expert |
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| Collection Law | 7/8/2008 | Creditwrench |
Q: I received routine medical care from a physician that accepted my insurance reimbursements as full ...
A: Yes, you do have recourse and it lies in the Fair Debt Collection Practices Act. Your first step ...
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| Dead breat spouse debt | 7/7/2008 | Creditwrench |
Q: My spouse decided to move out and leave me and my daughter in May of 2007. Until divorce papers are ...
A: OK then that is good for you. What you need to do is to send a demand for validation and dispute of ...
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| NAF Award | 7/7/2008 | Creditwrench |
Q: NAF (Nat'l. Arbitration Forum) has awarded BofA debt award. How do I counter?
A: You can't counter until they try to take it to your local court and attempt to reduce it to a ...
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| Debt collection threats | 7/7/2008 | Creditwrench |
Q: I am working with a lady at church who got a small pay day loan of 280. Today they called and said ...
A: I've called you and left you a voice message. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED ...
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| Dead breat spouse debt | 7/7/2008 | Creditwrench |
Q: My spouse decided to move out and leave me and my daughter in May of 2007. Until divorce papers are ...
A: Whether or not you both owe the debt can depend on whether or not you live in a community property ...
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| Lawsuit Midland Collection | 7/7/2008 | Creditwrench |
Q: I have received an "Answer to Complaint" notice for a credit card debt that has been sold to ...
A: Yes, I may be able to help you. I'm not an attorney and I can't give you legal advice but I can show ...
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| Being Sued | 7/6/2008 | Creditwrench |
Q: I was very recently served via mail with a summons to Kings County court (Brooklyn, NY) for ...
A: Sounds to me like you may have goofed up royally. Here is why I say that. You say you are going ...
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| help with bank of america | 7/6/2008 | Creditwrench |
Q: I have used this site in the past and my situation is bringing me for this thing that has arose in ...
A: What is your first step? Quit worrying about that which you can do nothing about. Forget about ...
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| Indiana Debt Collection Statute of Limitation | 7/6/2008 | Creditwrench |
Q: I cannot find the paperwork stating I paid off a debt to a local community college and have recently ...
A: Yes. Please refer to my link for statute of limitations below. Bill Bauer 405-684-9297 405-227-9423 ...
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| Garnisment | 7/5/2008 | Michael Brotherton |
Q: I live in Washington state and have been getting garnished for old medical bills due to my jobs poor ...
A: You may appeal to the judge and ask that they suspend the garnishment for a period of time or ...
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| Judgment against my wife and I before we got married | 7/5/2008 | Creditwrench |
Q: 11 years ago I had an emergency appendectomy. I was engaged at the time. My wife does our finances ...
A: Maybe, maybe not. The better argument is to file a lawsuit against the debt collector lawyer for ...
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| being sued by credit card co | 7/4/2008 | Creditwrench |
Q: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when ...
A: You really cannot the opinions of WhyChat or any other guru including myself or that of any lawyer ...
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| Received Summons, but no complaint.... | 7/4/2008 | Creditwrench |
Q: I moved on the first of the year and recently received a district court summons via US mail ...
A: Get around giving your new address to the atty and defendant? First of all you are the defendant. ...
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| being sued by credit card co | 7/4/2008 | Creditwrench |
Q: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when ...
A: I didn't notice tha you live in CO and mistakenly believe that the statute of limitations for credit ...
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| sued for 10-year-old debt of $200 | 7/3/2008 | Creditwrench |
Q: My daughter received notification that she is being sued by a Pennsylvania bank for a 10-year-old ...
A: Yes, they can. What she needs to do is file a response to the court. This can be a motion to ...
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| Plaintiff sending me Interrogatories,production,and admissions | 7/3/2008 | Creditwrench |
Q: LVNV Funding LLC is sueing me useing a laywer in my state of Maine. I sent the court and plaintiff ...
A: What do you mean by you don't have 30 days to answer? Of course you do. But the question of much ...
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| Returning Reported Item | 7/3/2008 | Creditwrench |
Q: I have a charged off credit card debt that finally became too old to report in August of 2007 and ...
A: They can buy the old debt and they can report it to the credit bureaus but if they do then they have ...
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| Notice to appear | 7/3/2008 | Michael Brotherton |
Q: I received an order on motion for telephonic appearance at pretrial conference. I have never heard ...
A: Yes, send your response to the courts and the creditors attorney and demand evidence you owe this ...
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| fradulent debt - eskanos and adler threatening to sue | 7/1/2008 | Creditwrench |
Q: I have experienced frauduelent debt from an ex spouse using my identity in the past. While we were ...
A: California Stat is 4 years. So you should be begging them to sue you so you can file an out of stat ...
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| Medical Bill Collections | 7/1/2008 | Michael Brotherton |
Q: I heard that if I was seen for Medical reasons and have a bill that is outstanding, they are not ...
A: I am afraid this is not accurate. If the creditor decides they cannot collect their money they may ...
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| Being Sued | 7/1/2008 | Creditwrench |
Q: I was very recently served via mail with a summons to Kings County court (Brooklyn, NY) for ...
A: The first thing to do is to see who is the plaintiff. Who is it that has filed the suit. Maybe then ...
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| how to respond to a summons | 6/30/2008 | Creditwrench |
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ...
A: Why present a weak argument like that when you have a statute of limitations defense at your ...
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| Collection laws | 6/30/2008 | Creditwrench |
Q: I have a chase visa, for years. I always try to pay at least the minimum. They raised the interest ...
A: Don't worry about bothering me. Exactly what was the message that was left on the answering machine? ...
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| Collection laws | 6/30/2008 | Creditwrench |
Q: I have a chase visa, for years. I always try to pay at least the minimum. They raised the interest ...
A: Your father's sworn statement and the phone record of when they called should be enough to get the ...
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| Debt collections | 6/30/2008 | Creditwrench |
Q: I have been making payments for about 3 years to a clinic that did a surgery for me. I was set up ...
A: They can turn you over to a debt collector any time they want to. Some medical facilities turn ...
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| Collection Agency | 6/30/2008 | Michael Brotherton |
Q: My mother received a phone bill for $2,800. There were a bunch of international calls on there that ...
A: She needs to got to the bank and file an "Affidavit of Fraud". and file a police report. Send a ...
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| Being sued by Discover (second question) | 6/29/2008 | Creditwrench |
Q: In your response to me you said "You also have the right to do all you can to avoid them forcing you ...
A: You ask what can you do to avoid going to court. Why do you want to avoid going to court? What is so ...
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| Sued by Discover | 6/29/2008 | Creditwrench |
Q: My husband received a letter from a lawyer saying that Discover was suing us and getting a court ...
A: You have absolutely no legal obligation to tell them anything until such time as they have a ...
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| Old Debt | 6/29/2008 | Michael Brotherton |
Q: I am in Texas and believe that the statute of limitations has passed on my debt. I received ...
A: The statute of limitations runs from the date of last payment on the account. You might check your ...
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| Wrongful Collection | 6/28/2008 | Creditwrench |
Q: I have been dealing with creditors trying to get in contact with my mother to collect her debts for ...
A: I have the perfect answer to your type of problem but in order to use it effectively you need to ...
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| post divorce debt | 6/28/2008 | Michael Brotherton |
Q: My divorce was finalized in February of 2006. I have recently discovered that my ex-husband has ...
A: This is a very common problem. One of the problems is that unless he gets a loan to pay the account ...
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| how to respond to a summons | 6/27/2008 | Creditwrench |
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ...
A: Statute of limitations on credit card debt is 6 years according to Bankrate.com. They are probably ...
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| how to respond to a summons | 6/27/2008 | Creditwrench |
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ...
A: The first question has to be what state you live in. Even though you may have included it in BK ...
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| Oklahoma credit card statute of limitations | 6/27/2008 | Creditwrench |
Q: Everything seems to say the SOL in OK is 3 years for credit cards. I see the court calls credit ...
A: I can see that you are a pretty good researcher and have covered just about all the bases except one ...
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| Too late to ask for a debt validation?? | 6/27/2008 | Creditwrench |
Q: I have been pestered by a collection agency for a debt I believe is beyond the statute of ...
A: You are in deep trouble for many reasons. First of all you live in Mass and that is a very bad state ...
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| levy on partnership account | 6/27/2008 | Creditwrench |
Q: Can a judgment creditor levy funds in a partnership account for a debit incurred years prior by one ...
A: Your question is actually a two part question. One part deals with business law and the other deals ...
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| levy on partnership account | 6/27/2008 | Michael Brotherton |
Q: Can a judgment creditor levy funds in a partnership account for a debit incurred years prior by one ...
A: I would say probably. If you are not an LLC or C-Corp. they can. You may contest the levy and ...
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| payday loan collection | 6/26/2008 | Creditwrench |
Q: I just rec'd a call from Brian Wilson--from Financial Crime Dept indicating that they were going to ...
A: LOL! No, of course not. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: ...
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| collection law | 6/26/2008 | Michael Brotherton |
Q: I received a summons from an old credit card which i believe is more than 5 years old. i know that ...
A: The statute of limitations is also open to interpretation. Some credit cards are considered written ...
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| service of process/motion for discovery | 6/25/2008 | Creditwrench |
Q: I'm currently preparing my answer to a complaint served 5/27. I filed and was granted an extension ...
A: One does not file a motion for discovery. Your interrogatories, admissions and demand for production ...
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