Lawyers, Answer Questions  & Get Points Log In

Questions Answered by David Humphreys

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Mexico on

Q: I'm being sued by a collections for student loan debt from ITT Tech, over 10 years old. Do I have rights

I tried to get it dismissed because I never finished or obtained a degree and the ending result the loans racked up to around $89,000 theres no way I can afford to pay this back I have 3 kids now and I filed paperwork because I found it tech was still filing loans for me and collecting student aid... Read more »

David Humphreys answered on Jun 29, 2019

You need to know what type of loans were issued and whether they are federally guaranteed. Some student loans even survive bankruptcy.

Gather the original loan papers if you can locate them. Contact a student loan lawyer. A fdcpa attorney can advise you if the debt collector broke debt...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on

Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?

I purchased a water softener unit for my house and I recently found out that the finance company placed a lien on my property as soon as the contracts were signed. The payments have been paid regularly and up to date when I found out of the lien on my property. Can this be done without a judgement?

David Humphreys answered on Mar 6, 2019

It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.

It is not a judgment lien in all likelihood.

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on

Q: If I am sued for payday loans, will I be notified to appear so they can’t throw me in jail?

David Humphreys answered on Aug 18, 2018

You cannot be thrown in jail for failing to pay a lender. You can be jailed for contempt of a court order. Follow the orders of the court and you won’t go to jail.

You may not have to pay if your income is ssa, ssd, retirement or certain other “exempt” income.

Check with a...
Read more »

1 Answer | Asked in Consumer Law for Oklahoma on

Q: I took out a loan The lady left me a voicemail saying she was issuing a warrant picking me up after work?

David Humphreys answered on May 21, 2018

This is predatory and not legal in Oklahoma. Search for and hire a consumer protection lawyer.

1 Answer | Asked in Consumer Law and Small Claims for New Mexico on

Q: I was buying a vehicle from a private party and they wrongfully repossessed am I still responsible for payments?

I was not late making payments.

David Humphreys answered on May 20, 2018

No. You really should find a lawyer to sue the seller.

1 Answer | Asked in Banking for Oklahoma on

Q: I have been in a dispute against an prepaid visa company. They took $260 og m y money with no explanation. What can i

Do? They denied my first dispute and gave no explanation then they took 110 off of my most recent direct deposit. I just want my money back with answers. Ive called, emailed, and faxed meta bank and nothing is getting done. Im on a fixed income and cant afford mistakes like this

David Humphreys answered on May 9, 2018

Hire a lawyer and sue them under either the EFTA and:or the Fair Billing Act.

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on

Q: What recourse do I have when an auto mechanic is trying to obtain a Title 42 on my deceased son's car?

My son which is now deceased was employed by the same auto repair shop that is trying to obtain the Title 42 on grounds of abandonment also requesting payment for unauthorized repairs done after my son was killed.

David Humphreys answered on Apr 12, 2018

You can file a suit either in small claims court, if the vehicle is worth less than or not more than 10,000. if its worth more you would have to sue in District Court. Im sorry for your loss and wish you the best in your search for justice.

1 Answer | Asked in Banking, Consumer Law and Collections for New Mexico on

Q: A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee.

A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee. They said I would have to pay 9% and I didn’t understand what I would be paying 9% on. I got approved for my loan but do to me calling BBVA Compass and getting approved with my... Read more »

David Humphreys answered on Apr 2, 2018

it does sound like a scam. I understand you never agreed to such a referral fee up front. If this is a consumer loan i would contact the consumer protection unit of the state Attorney Generals Office in Santa Fe.

You have a claim for the tort of unreasonable debt collection if they...
Read more »

1 Answer | Asked in Banking and Consumer Law for Oklahoma on

Q: I have a bank my mother helped me get. Her name is on the account. I got a loan she did not cosign can they go after her

I signed for the loan not her, she says because she opened the account they will make her pay it, but this isn't an account were talking about its a loan....I can't afford it I need bankruptcy if I pay them a dime I won't be able to do the bankruptcy cuz I'm broke bad...she wants me to pay them... Read more »

David Humphreys answered on Jan 22, 2018

your mom is only liable to the extent she puts any of her money in the account. The bank can definitely drain the joint account to pay down the loan.

1 Answer | Asked in Identity Theft and Small Claims for Georgia on

Q: If you check your credit score and a different name other than yours pop up and two addresses for that person.

What do i do? Can i sue them especially if i know that person.

David Humphreys answered on Nov 16, 2017

your problem is likely with the credit reporting agency. You need a consultation with a lawyer who handles cases under the Fair Credit Reporting Act.

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on

Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

TransUnion provides a service for organizations to look up information about existing customers. Unfortunately, this service can also be used to look up thousands of random individuals, and some companies may even TransUnion's services to create a cold-calling list. However, the use of this... Read more »

David Humphreys answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on

Q: How can I find out the standards for methadone clinics in New Mexico?

Must a provider be a physician? Must a patient take daily dose on site, or are doses sent home? If I have concerns about a clinic, who do I report my concerns to?

David Humphreys answered on Oct 11, 2017

Generally, the New Mexico Department of Health regulates health care facilities.

I did a quick Google search and located the following information:

Rosemary Nowak

New Mexico Behavioral Health Services DivisionPO Box 2348

37 Plaza La Prensa PO Box

Santa Fe,...
Read more »

1 Answer | Asked in Identity Theft, Small Claims and Social Security for Missouri on

Q: What can I do if my mother and law used my wife's social security # to open a credit account without permission?

She went over the balance by $100 for a total of $3100 and has stopped paying on it and it showed upon my wife's credit report.

David Humphreys answered on Oct 11, 2017

you need to dispute the false credit reporting directly with the credit reporting agencies and the credit card company.

You can go to our law firm website and click on the link Credit Reporting Errors for detailed and specific instructions on what the letter that your wife will need to...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Identity Theft for Georgia on

Q: I keep getting harassed by debt collectors over a debt that was not mine and was included in a bankruptcy. Its been 14yr

Debt collectors are still harassing me via phone and letter over a cell phone bill that belonged to my mother. The company that issued the collection claims the account was in my name, however I was just an added line on to my mothers account. I also was a minor when my phone plan was added on to... Read more »

David Humphreys answered on Oct 4, 2017

from the sound of your email you have a very solid case. You need a lawyer to represent you. You should not pay anything. You have claims for invasion of privacy and likely, the Fair Debt Collection Practices Act. Search the internet or contact my office if you'd like.

1 Answer | Asked in Identity Theft and Consumer Law for Massachusetts on

Q: How can I get the bill out of my name without filing a police report

My mother placed a utility bill in my name without my knowledge. The bill is over four grand. I contacted the company as soon as I found out but they said I have to file a police report. I do not want my mother to go to jail and I can not let her find out I am trying to take the bill out of my name... Read more »

David Humphreys answered on Oct 2, 2017

Go to the FTC website, IDTheft.gov and download an ID Theft Affidavit. Present that to the utility company. If they harass you after you fill out the affidavit and provide it to them, get a solid consumer protection law firm to help you.

1 Answer | Asked in Consumer Law for Oklahoma on

Q: In the MLA I was supposed to be denied the loan, not fully aware of the 79% interest rate that would follow.

The lenders aren't allowed to sign loans with military members or spouses of members with these types of loans. I have a copy of the agreement showing a 79% interest on the loan yearly. With the MLA it is supposed to be limited or capped. I have more than paid the loan back but with the growing... Read more »

David Humphreys answered on Sep 21, 2017

You should obtain a consultation with a consumer law attorney. Search the web for lawyers that handle consumer fraud in Oklahoma; thats what happened to you. You need to get a competent attorney and take action. The stress of your situation is going to go away unless you deal with this problem and... Read more »

1 Answer | Asked in Identity Theft for Iowa on

Q: When does the statute of limitations start for Identity Theft Cases where the Bank was used for the ID Theft?

If a person is aware he may be a victim of Identity theft does the statute of limitation start from when he's aware of it or when he proves to the courts he was a victim and the Judgement and charged off accounts were overturned and dismissed? For Example: if a wrongfully issued Judgement was... Read more »

David Humphreys answered on Sep 18, 2017

I recommend you speak with an attorney in your jurisdiction because your question is complex and depends on what claims you bring. In other words, certain federal claims have a one or two year statute of limitations, while some state law claims expire only after three, five or even longer period of... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Stockbroker Fraud for Oklahoma on

Q: Does the MLA (military lending act) cover me in this situation?

I was enlisted at the time I signed for a predatory payday loan and have been paying them for almost two years constantly having to renew as it's almost impossible to pay them off. I heard about the MLA and each time I ask the company about it they never answer me and refuse to give anything in... Read more »

David Humphreys answered on Sep 16, 2017

There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.

PS Don't let the time to...
Read more »

1 Answer | Asked in Identity Theft for Texas on

Q: My credit card company is refusing to work with me when someone with my same name opened a credit card account that's

now affecting my credit. I think it's just an honest mistake (the cardholder seems to be a man and I'm a woman with a gender neutral name), but how do I get them to look into this so my credit report isn't negatively impacted?

David Humphreys answered on Aug 31, 2017

Go to HWH-law.com and click on the tab identity theft. You can see how to write the needed letter and what you need to say. The good news is that many times a well written letter makes the problem end. If not, you have rights and you will want to contact a lawyer that handles FCRA and ID Theft... Read more »

2 Answers | Asked in Identity Theft for New York on

Q: can i have my estranged husband arrested for his forging of my signature on DMV titles and selling the vehicles?

I filed for divorce and husband started taking assets every day while i was at work despite divorce orders. I then found out he forged my signature on 2 DMV titles to vehicles owned and titled in my name and sold them to friends without my knowledge or consent. He also backdated the titles. He... Read more »

David Humphreys answered on Aug 28, 2017

Only law enforcement can answer that question. If you interest is to receive the value of the vehicles in your divorce this is very good evidence to use. Contact a divorce lawyer in your state. Check your credit report, if you find accounts you do not recognize, contact an Identity Theft Lawyer in... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.