The 7-year limit on reporting delinquent debt begins on the date that the account becomes delinquent and is never current again. So, the answer to your question is probably "neither," but would be that point in time slightly later than your last payment when you failed to make a payment...View More
calling everyday, harassing me, I know I have 30 days to dispute, But the FDCPA states they cannot call me repeatedly. I feel they are in violation, they have not validated the debt, but calling every day, am I right? They cannot harass me daily under the FDCPA by repeatedly calling.
It's not clear from your question whether you have disputed the debt (which would preclude further collection action until the debt had been validated), but you are correct that the FDCPA prohibits harassment through repeated telephone calls. If these calls are coming to your cell phone, there...View More
The amount that is being taken out biweekly makes it impossible to pay rent and feed three children. I'm the only one in the household with a income. I'm extremely concerned for the safety and wellbeing of my family.
The amount that can be withheld from your paycheck to satisfy a judgment is set by state and federal law. Although there are some exceptions, in Wisconsin that limit is typically 20% of your disposable income. You may want to talk with a bankruptcy attorney about whether Chapter 7 might be a good...View More
We ordered a hot water heater from Lowes Home Improvement then found out it wouldn't work for our house hold. We ended up getting a hot water heater from a different, and more local company. We called to cancel the order, they said it would take several weeks to get our money back. We... View More
It's not clear from your question whether you have in fact been sued or the creditor has simply threatened to file suit. You also don't say whether or not you've discussed the issue with Lowe's and whether they acknowledge that you did not take delivery on the water heater. It...View More
I filed Ch 7 in 2009 and was discharged in 2010. I recently got a statement from a utility company that said that I owed an outstanding balance from a date prior to my even filing bankruptcy. I was given the option to pay the balance or have my service disconnected so I unfortunately had to pay... View More
If the debt was discharged in bankruptcy, later collection action on that debt violates the bankruptcy discharge order. Creditors who violate the discharge order may be sanctioned by the bankruptcy court. Talk to a consumer lawyer in your areas who handles bankruptcy discharge violations to...View More
A judgment in Texas is typically valid for ten years and can be renewed. There are a few options for addressing a judgment when the creditor is not attempting to collect. For example, some people simply wait until they hear from the creditor or a collection agency. This may buy time, but also may...View More
They scared me into authorizing a direct withdrawal of $2400 from my checking account on Sept. 1, 2015 to avoid a civil lawsuit. What options do I have? I have since researched them and several complaints have been made against them.
Talk to a consumer protection lawyer in your area. Depending on a number of variables such as how they "scared you," whether or not the collection agency misrepresented the legal status of the debt and the actions they could take, etc., you may have a claim under the Fair Debt Collection...View More
I missed court in 2005 and have had repeated garnishments due to a breach I'm payment plan. I'm not working and I'm a student. When I called the collection agency said they world garnish. At this point the statute has run out. What do I need to do and who do I prove it to?
I'm not sure exactly what you mean when you say that "the statute has run out". I'm assuming that you're saying that the judgment is no longer enforceable. If that is the case and if you are very certain that the period during which the creditor can renew the judgment has...View More
Settlement paperwork, now they are trying to collect again, we have records of the transaction. Do they have any legal right to pursue her, if so what are my possible courses of action? I feel like this is extreme negligence on their part, because not only are they saying they never received... View More
This isn't a question that can be answered in this type of forum. There are too many variables and not enough information. However, it would be a good idea to take your documentation to a consumer lawyer for review. Depending upon exactly what occurred, whether the debt has been sold, whether...View More
For more than 15 years, I have received phone calls for a person who has never lived at my address. I researched the person's name and discovered they have a very similar phone number (a simple transposition of 2 numbers). These calls have come from 7 different collections agencies and one... View More
Talk to a consumer protection lawyer in your area. Though I can't draw any conclusions here, it is possible that the agency or agencies contacting you are in violation of one or more consumer protection statutes, and you may be entitled to damages in addition to putting a stop to the calls....View More
Before you start thinking about how to manage your assets, talk to a local consumer lawyer about the debt in question. Very few types of debt will survive for twenty years, and the debt may well be uncollectable (and, thus, no threat to your assets). It's even possible, depending on the nature...View More
Experian sent me a letter, in response to my certified letter of dispute, claiming that my letter was suspicious and being disregarded. When I called and told them it was not suspicious, they told me if I sent more letters, they would also be deemed suspicious, and not acted upon. Can they do... View More
You should seriously consider contacting a consumer protection attorney. While I can't assess the case for you in this forum, it is possible that you have a claim for violation of the Fair Credit Reporting Act.
*David Levin is the Partner in charge of UpRight Law's consumer rights...View More
You can't go to jail for not having the money to pay a bill collector, but you can be arrested for violating a court order. Even if you don't have the money to pay the debt, failing to appear in court is not a good solution.
If you don't understand the paperwork you...View More
Contact an attorney. A collection agency that threatens you with arrest if you don't make payment arrangements with them or pay a civil debt in full is in violation of the Fair Debt Collection Practices Act and possibly state consumer protection law as well. A local consumer protection...View More
Failing to appear is generally a big mistake. If a lawsuit has just commenced against you, failure to appear may result in a default judgment being entered against you. The judgment might include attorney fees and court costs in addition to the amount the creditor says that you owe, and the...View More
Failure to pay a debt is not a crime; it's a civil matter. If you're unable to come to an agreement, the typical remedies are a lawsuit, wage garnishment, garnishment of assets such as bank accounts. A debt collector who threatens someone with arrest for not paying a civil debt is...View More
A debt collector must stop most contact if the debtor tells the company in writing to stop contacting him/her. There are some exceptions. For example, a debt collector who has been instructed to cease contact may contact you to let you know that they are about to take a specific action, such as...View More
A civil debt (such as as credit card debt, medical bill, etc.) is a civil matter. That's not a criminal issue, and a debt collector who falsely threatens to have a debtor arrested is in violation of the Fair Debt Collection Practices Act and may be liable for damages.
Adult children are typically not responsible for credit card debt of a deceased parent. There are a few exceptions, such as if one of the children is an authorized user on the credit card or has made actual purchases using the credit card.
However, the estate of the deceased is liable for...View More
Here are the details. I opened this credit card in Mass. I now live in Ga. I got a couple letters threatening to put a warrant out for my arrest if i did not call and negotiate with them. I was scared and stupid so i called verbally agreed that it was my debt, and made a payment. I now just checked... View More
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