Questions Answered by David Humphreys

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

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on
Answered on Mar 6, 2019
David Humphreys' answer
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.

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

1 Answer | Asked in Consumer Law and Small Claims for Oklahoma on
Answered on Aug 18, 2018
David Humphreys' answer
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 lawyer or legal aid.

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

1 Answer | Asked in Consumer Law for Oklahoma on
Answered on May 21, 2018
David Humphreys' answer
This is predatory and not legal in Oklahoma. Search for and hire a consumer protection lawyer.

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

1 Answer | Asked in Consumer Law and Small Claims for New Mexico on
Answered on May 20, 2018
David Humphreys' answer
No. You really should find a lawyer to sue the seller.

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

1 Answer | Asked in Banking for Oklahoma on
Answered on May 9, 2018
David Humphreys' answer
Hire a lawyer and sue them under either the EFTA and:or the Fair Billing Act.

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

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Answered on Apr 12, 2018
David Humphreys' answer
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.

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.

1 Answer | Asked in Banking, Consumer Law and Collections for New Mexico on
Answered on Apr 2, 2018
David Humphreys' answer
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 continue to attempt to collect from you. I would write them a quick letter and send it either registered mail receipt requested or by fax to prove you sent it.

Dear Sir,

I dont owe you any...

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

1 Answer | Asked in Banking and Consumer Law for Oklahoma on
Answered on Jan 22, 2018
David Humphreys' answer
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.

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

1 Answer | Asked in Identity Theft and Small Claims for Georgia on
Answered on Nov 16, 2017
David Humphreys' answer
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.

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

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Answered on Oct 16, 2017
David Humphreys' answer
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 under Federal Law. You can get more information at hwh-law.com

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

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on
Answered on Oct 11, 2017
David Humphreys' answer
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, NM 87504

Telephone: (505) 476-9257

Fax:

Rosemary.Nowak@state.nm.us

I wish you well. David Humphreys, licensed in NM and OK

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

1 Answer | Asked in Identity Theft, Small Claims and Social Security for Missouri on
Answered on Oct 11, 2017
David Humphreys' answer
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 sign. Our firm name is Humphreys Wallace Humphreys which you should be able to locate with a search. You can also go to identify theft.gov and obtain more information. Contact an attorney who handles ID...

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

1 Answer | Asked in Bankruptcy, Consumer Law and Identity Theft for Georgia on
Answered on Oct 4, 2017
David Humphreys' answer
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.

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

1 Answer | Asked in Identity Theft and Consumer Law for Massachusetts on
Answered on Oct 2, 2017
David Humphreys' answer
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.

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

1 Answer | Asked in Consumer Law for Oklahoma on
Answered on Sep 21, 2017
David Humphreys' answer
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 get started on a solution.

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

1 Answer | Asked in Identity Theft for Iowa on
Answered on Sep 18, 2017
David Humphreys' answer
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 years. The general rule is that a cause of action accrues and the time period to sue begins to run when you first can maintain a case, meaning you have sustained damages. The discovery rule may or...

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

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Stockbroker Fraud for Oklahoma on
Answered on Sep 16, 2017
David Humphreys' answer
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 answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.

David

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

1 Answer | Asked in Identity Theft for Texas on
Answered on Aug 31, 2017
David Humphreys' answer
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 cases. Good luck!

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

2 Answers | Asked in Identity Theft for New York on
Answered on Aug 28, 2017
David Humphreys' answer
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 New York. Kevin Mallon would be a good choice for a consultation.

Q: Are there any case references for New Mexico in reguards to balanced billing?

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on
Answered on Aug 17, 2017
David Humphreys' answer
yes. There is a regulation. See TITLE 8 CHAPTER 302 PART 2 NMAC.

It may not apply to your situation. I am not aware of any court rulings on this provision of the Administrative Code. It is a little complicated. More information would be helpful. What type of services? Was their medicare, medicade, private insurance, was it a PPO or HMO? What type of services were subject to balance billing? Radiology, anesthesiology , ER visit? I will respond if you do. Let me know at david@hwh-law.com...

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