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answered on Mar 19, 2024

In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.

Since the debt collector... View More

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its... View More

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answered on Mar 13, 2024

In Utah, you are allowed to record phone calls as long as at least one party to the conversation consents. Since you are a party to the conversation and you consent to recording it, you can legally record your phone calls with the debt collector and their lawyer.

Here are some steps you can... View More

This has all the earmarks of a collection scam.

First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and... View More

If you settle with them, pay the debt in whole or a reduced compromise amount, get the agreement in writing before payment. Have the agreement provide they must file a dismissal with prejudice.

As to the lawsuit, if not settled prior to the response time you must file your answer with... View More

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answered on Nov 24, 2023

Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.

In... View More

Get in touch with a consumer protection attorney and see if they will offer a free consultation. Make sure to keep all potential evidence you have available for the attorney to review.

In order to garnish wages, there must be a valid judgment. Research the court files, mini available online, for cases against you. If you were not served properly with a lawsuit, you might win a motion to set aside judgment.

Look into filing a motion to set aside the judgment for failure to serve. Review the court file to see how they claim served.

Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... View More

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... View More

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... View More

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... View More

Quiet title, slander of title, and wrongful lien against real property are potential causes of action in a situation where an improper lien is placed on real property. Injunctive relief and money damages, along with attorney fees, may be recoverable with improper liens.

In slander of title... View More

You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she... View More

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a... View More

You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.

Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney's office and make a settlement offer. Most Plaintiff's/Creditors are more than willing to try and work out... View More

Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.

UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too... View More