answered on Sep 11, 2023
Keep track of all calls and letters, and any other form of contact, including any efforts to contact you or your employer at work. Applicable laws may entitle you to make a successful claim against the collector.
If you engage counsel, a simple letter from you or counsel to the collector... View More 
I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More
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answered on Sep 3, 2023
For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More
I could owe them over 20,000 after they sell it, moved to much equity to high interest loan in 2019. During the pandemic I skipped payments basically still owe what I paid for it. Are the chances of a lawsuit from them high?
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answered on Jul 5, 2023
If you voluntarily choose to give your car back to your finance company, it is possible that they may still pursue you for the remaining balance on the loan. This is known as a deficiency balance, which is the difference between what you owe on the loan and the amount the finance company is able to... View More
My wife received an oral deposition saying that she is to appear and testify "in aid of execution concerning all of her income, assets and property, including personal property, which may be subject to execution in satisfaction of the judgment obtained by Plaintiff against [her] in the... View More
answered on May 10, 2023
It is possible that a creditor sued your wife on a debt, and, for whatever reason, she was never properly served. This might happen, for example, if the creditor cannot find the defendant and obtains permission for alternate service by mail or publication. If there is no response, the creditor... View More
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answered on Apr 27, 2023
Without more information on your particular financial situation it is not possible to give you a complete answer. Regarding your Social Security payments they are protected from collection. You may have other assets that they can attach so you will want to contact an attorney with experience in... View More
judgment was granted in 2001 in Westmoreland county, transferred to Allegheny in 2012. Can we execute on it, or has it passed the SOL?
answered on Mar 28, 2023
A judgment rendered by a PA court goes "dormant" after five years of inactivity, but may be kept "alive" is the creditor executes on the judgment, or issues discovery in aid, within that five year period.
A judgment rendered by a PA District Court (small claims, under... View More
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answered on Nov 21, 2022
You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... View More
I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... View More
answered on Oct 31, 2022
It sounds like a scam. I'd ignore it. If its a scam, there is no lawsuit and never will be. Moreover you have to be served with the complaint and summons by someone authorized by Pennsylvania law to do so. Relax and enjoy Halloween night.
my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... View More
answered on Oct 31, 2022
There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... View More
I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.
answered on Sep 9, 2022
Yes. You can't just send a payment amount that you can afford without an agreement that your payments are acceptable. Suppose your debt is $10,000.00 and you are making monthly payments of $20.00 without an agreement that the at $20.00 is acceptable.
Does this violate the FDCPA
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answered on Aug 28, 2022
They are telling you that they are accepting your verbal request for verification of debt. Within that 30 days they will likely mail you a copy of verification of debt. After they provide you with the required information they may or may not give you a follow-up call. They may start litigation... View More
I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me
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answered on Jun 16, 2022
Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.
The tax borough told me they could hold the funds up to three years. I went to them in February 2022 with a notarized letter requesting my funds. They told me they needed it in order to release my funds. The tax borough said check back in a year! I received a letter from this Asset recovery firm... View More
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answered on Jun 16, 2022
Sounds like you may have been scammed. If I understand correctly this Asset Recovery company had you agree to have the check sent to them so they could cash it and take their fee. You should speak with an attorney and have the agreements and paperwork reviewed. You may be fine, but it also may... View More
Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... View More
answered on Jun 2, 2022
As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any... View More
I’ve never received a notice from this collector or the original biller, I’ve disputed them on my credit and had them removed. They return to my report the next month as a new account. This has happened for 15 accounts now from the same single visit to original biller over four years ago. Is... View More
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answered on May 31, 2022
You should contact a local consumer credit attorney to review your credit report and the information you have on the account being reported. An unpaid account can remain on your credit report for 7 years. If you dispute the account and they validate it with the credit reporting agency it will... View More
My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... View More
answered on Apr 21, 2022
It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor... View More
for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... View More
answered on Sep 4, 2021
(1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.
(2) Other than that, on January 1st, 2022, file your 2021 return, show the... View More
I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?
The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... View More
answered on Feb 28, 2021
it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.
The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I... View More
answered on Nov 22, 2020
Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... View More
I have no idea on the balance or what she has charged on it, and she refuses to show me. She's using our Money Market to make payments, which have ranged from $700 - $1200 / month. How can I legally obtain access to review that account, so I can properly proceed with budgeting and/or further... View More
answered on Oct 27, 2020
If you are not an authorized signator on the credit card account, you would only be in a position to compel disclosure in either a domestic relations or bankruptcy court setting.
Her refusal to share details with you about that account is foreboding. Perhaps, to make it "fair",... View More
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