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Questions Answered by Samuel John Ford
1 Answer | Asked in Collections for Texas on
Q: Can I fight a collection if I was never notified of bill being past due. All notifications were mailed to wrong address

Have been put out for collection by HOA over a automatic payment that did not process. HOA sent all correspondence to an old address even tho they had a document saying that all correspondence was to go to the new address. 204 dollars has turned into problem with damage to credit because of no... Read more »

Samuel John Ford
Samuel John Ford answered on Mar 1, 2016

While an attorney will have to review the details of your situation, it sounds like you have a viable claim to challenge the collection actions and credit reporting of the alleged debt. Federal and state laws protect consumers from wrongful collection and credit reporting practices.

I...
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1 Answer | Asked in Collections for Texas on
Q: Credit card company is hiring attorney to get debt from me, what is the worst thing can happen?
Samuel John Ford
Samuel John Ford answered on Mar 1, 2016

Generally, if a creditor files suit against you and you do not respond, they can obtain a default judgment against you. Once the creditor has the judgment, they can use it to freeze your bank account, garnish your wages, or execute the judgment against property you own.

You will likely have...
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1 Answer | Asked in Collections and Consumer Law for Texas on
Q: I have credit card collections and I live in Texas. If I move to Georgia, would the creditors be able to garnish wages.

Also, once a creditor charges off the account and sells the debt to a collection agency, can collection agency sue for judgment?

Samuel John Ford
Samuel John Ford answered on Mar 1, 2016

They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: If I file bankruptcy pro se, can creditors still contact me about debts? If so, what can they inquire about?
Samuel John Ford
Samuel John Ford answered on Feb 29, 2016

Once you file bankruptcy and you have served notice of the bankruptcy on your creditors, they should not contact you outside of the bankruptcy proceedings to collect the debt. The bankruptcy creates an "automatic stay" that should protect you from collection activity. Continued collection... Read more »

1 Answer | Asked in Collections for Louisiana on
Q: Can you appeal a wage garnishment? Its for a private student loan? There taking 25 percent. And I can't afford it.
Samuel John Ford
Samuel John Ford answered on Feb 29, 2016

Wage garnishments are difficult to challenge once they have begun, however, you may have options if there was anything improper about the collection process or institution of the garnishment. State and federal laws protect consumers from unfair collection practices and it may be worth speaking with... Read more »

1 Answer | Asked in Collections for Louisiana on
Q: I signed a promissory note in 1999 in louisiana. It was one of those in case you win the lottery things. Now the estat

Is trying to collect. Never paid a dime. Filed bankruptcy but had forgot it existed so wasn't included. They say I'm responsible from 2010 on could this be a valid note still under louisiana law

Samuel John Ford
Samuel John Ford answered on Feb 29, 2016

Generally, the limitations period for suing someone on a promissory note is five years. This means the creditor may have lost the legal right to enforce the alleged debt.The details of your situation, however, may change whether or not the debt is still legally enforceable.

I recommend...
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1 Answer | Asked in Collections for Louisiana on
Q: Can I sue a creditor in small claims court for loss of wages after they harassed me so much at work that I was suspended

I defaulted on a loan but have paid the creditor back. In the initial onslaught of the default the creditor called my job every hour on the hour for a week. They threatened to show up there and discussed my defaulted loan with whomever answered the calls. At the time I was out of state at a... Read more »

Samuel John Ford
Samuel John Ford answered on Feb 29, 2016

You likely have a case against the creditor based on the actions you described and may be able to recover your lost wages.Small claims court, however, may not be the best venue for your claims. There are both state and federal laws that may be in play here and a consumer attorney will provide you... Read more »

1 Answer | Asked in Collections and Consumer Law for Louisiana on
Q: Can I dispute a bill I made a payment on in 2007? The bill is from Maryland College and I live in Louisiana.

I registered for online classes but failed to drop them. Can I still ask them to provide legal documentation which holds me accountable for this debt? I don't recall signing any paperwork.

Samuel John Ford
Samuel John Ford answered on Feb 26, 2016

You likely can still dispute the bill and may have defenses to collection of the alleged debt. If you are being contacted by debt collectors, there are federal and state laws that provide dispute rights and protection from unfair collection practices.

I recommend speaking to a Louisiana...
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1 Answer | Asked in Consumer Law for Louisiana on
Q: Is there any law against being reported deceased by a company and this information disseminated?
Samuel John Ford
Samuel John Ford answered on Feb 26, 2016

You may have a cause of action depending on a few factors:

1) who is reporting the inaccurate information? If the company qualifies as a credit reporting agency, you may have a right of action under the Fair Credit Reporting Act. If not, other laws may protect you.

2) Who was the...
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