Hi, so I had a debt collector who called me seeking a payment. After negotiating back and forth I was going to make a payment on the account only to realize that would restart the loan. I did make a payment of $50 but had it reversed immediately and it doesn't show up in my banking account
If the debt is otherwise time-barred, the creditor would have to file suit against you and allege that your reversed payment was agreeing to pay the debt. Based on what you say, you do not appear to have agreed to repay the debt.
Also, the creditor has to have informed you that the debt is...Read more »
Had no idea I had this against me, my husband use to take care of our finances and now he is deceased. A collection agency wants $7400 for a $2900 judgement. What can I do? Would like to clear this up but don't have $7000.
If your objection is that the dismissal is without prejudice I do not think a judge will allow it. A dismissal with prejudice is an adjudication on the merits. Judges are reluctant to dismiss with prejudice when there has been no engagement on the issues of the case. (I assume the case has not...Read more »
I completed a foundation replacement on a property to stop the house from collapsing and the home owner is refusing to pay there final bill even tho the job passed all state inspections upon completion
I was in a vehicle crash in July, 2019. I was not at fault so my damage was paid for by the person at fault. My insurance though sent me a check for damage as well, So i cashed it after they sent me a letter saying it does NOT have to be used for my vehicle. I am now receiving... Read more »
It sounds like your insurance carrier, either in the course of its investigation or in an audit, discovered the double payment - both from themselves and from the other driver. Either on your own or through a Massachusetts attorney, you could ask the carrier if they would be willing to consider...Read more »
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been...Read more »
Unless the debts sought to be collected are child support, federal taxes or student loan repayments you owe, the answer is no. The issue is for you to be proactive, since the court may give the creditor a bank account attachment or order you to make payments because they are unaware your income or...Read more »
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees...Read more »
Usually a creditor can only collect what it is owed, so if the tax offset paid your debt in full, they should not be able to further offset any more refunds. The Department of Education has a good website that is easy to navigate and has a lot of information on questions like these:...Read more »
She was told she has to pay the balance. She has an annuity which is currently paying for the assisted living facility in Beverly. We believe when she runs out of money the assisted living will then go through medicaid for her monthly bills. Should we pay the rehab bill ($11K), try to negotiate... Read more »
Are you power of attorney for mother? Is mother competent at this point? If you are power of attorney for her you can try to negotiate with the rehab or you can set up a payment plan. Heep your records for the MassHealth Medicaid application.
If the note you hold is also secured by a properly recorded mortgage, then you can foreclose. If there is no mortgage then the only recourse would be to sue them for default of the loan. You should hire an attorney either way.
In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts... Read more »
You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from...Read more »
Credit card company took me to small claims court for a balance owed. We agreed to terms and that payment is made through the law firm representing them. Lawyer at court instructed me where to send payment. When I called that office they claimed they don't accept payments and to use their... Read more »
The entity that purchased the right to the money would be owed the money from you, but they'd have to provide you written proof of that right. Otherwise you won't know whether they're trying to scam you or not. More details are necessary to provide a professional analysis of your...Read more »
My 14 year old son secretly created an ebay and a paypal account. On the eBay account he sold a few items, the money was transferred to the PayPal account where he spent it on in video game purchases. He never sent the items and eBay issued the buyers a refund along with service charges which put... Read more »
Yes, you may indeed be sued for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...Read more »
If the security deposit was owed to you, you may be able to sue for failure to refund it in a timely manner. More details are necessary to provide a professional analysis of your issue. The best...Read more »
I have received notice of a magistrate hearing from a collection agency for credit card debt back in 2011. My last payment was in August of 2011. Am I still liable? I'm not sure if I should go to this hearing or set up a payment plan that I can not afford.
Facing suit over defaulted private student loan my daughter defaulted on that I cosigned. My households only income is my husbands Railroad Retirement, which we live on. My home has a Homestead Declaration filed in 2003, I have since taken one equity loan in 2008 and married in 1997. Deed is still... Read more »
It appears that everything but the home is your husband's, so that should be ok. I wouldn't think that the homestead declaration would expire, so if the homestead exemption is unlimited, you should be fine.
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... Read 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....Read 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...Read more »
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