The facts aren't fully clear here, but this sounds like it might involve a repossession action. Your question remains open for five weeks - you could try reposting and adding Banking & Collections as categories. There's no guarantee of a response - most attorneys would ask to see...Read more »
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »
I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »
I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »
The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.
I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... Read more »
I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... Read more »
There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).
So I cosigned for someone 2 years ago and the person recently stopped making payments and now it has gone to repossession. The person blocked me from contacting her. My credit score dropped significantly and I am not sure what I can do. I'm not sure if I can sue her or get out of this cosign... Read more »
Filing a bankruptcy will remove the negative remarks from your credit and permit you to start fresh. If you don't intend to file for bankruptcy, you'd have to sue your cosigner - which would be much more expensive and difficult than filing bankruptcy!
Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »
Should i send the law firm an award letter from SSI? Maybe they will stop? My girlfriend financing a car for me but its registered in my name. Is there anyway to protect the vehicle from being taken away by debt collector? My girlfriend still has 1year and a 1/2 left of payments left.
If this is just a claim, it may be a scam and if not, the statute of limitations is a defense to any claim. More likely it is a judgment, which expires next year (after 20 years) if entered in 2002. While technically a car could be repoed, the likelihood is next to zero. I would ignore it.
As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?
I never received a notice of default from WebBank Fingerhut and from what I researched MetaBank sold credit accts to WebBank in 2012 and On Oct. 2012 Terms and Conditions were changed to WebBank If this is a fingerhut acct which Im not too clear of, cause it states MetaBank OC and bought by JCS in... Read more »
If you have a default against you, then I am not sure what is on the calendar in court. If you are in default, there is no discovery. I think you are unclear of the posture of the case. Depending on how much is involved, you might want to hire a lawyer. If there is a hearing, you can definitely...Read more »
A collector did a credit pull recently, it dropped my score and will be on my report for 2 years. I'm pretty sure my debt was payed by my fathers estate due to a lien on the property that was left to myself and 3 others in my fathers will. My father passed in 2011, that would mean the estate... Read more »
The whole issue makes no sense. You have no liability for your father's debt. A lien on property follows the property. I do not think this collector was trying to collect this debt, unless you were on the card also. The SOL is six years from the last payment. Based on your post, even if...Read more »
I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.
The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the...Read more »
I don’t think the debt is mine and I believed I tried to dispute it off my report a while ago . I called Capital one bank to see why my New business debit card wasn’t here and they forward it to the collection agency . I don’t ever remember having any debt with capital one . My money is still... Read more »
It sounds like you are confused. To freeze an account there must be a judgment. The judgment lasts for 20 years in NY. The statute of limitations refers to the time to bring the initial case to get the judgment. To vacate a judgment you need to make a motion in the court that entered it. These...Read more »
This is something that a debt collection attorney would be able to advise best on, but you await a response for two weeks. At this point, depending on the amount at stake, it might be advisable to look into a brief consult with a collection defense attorney to look over all the alleged claims. Even...Read more »
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