Had a default judgement against me for rent owed after eviction. Hearing is set to answer questions about my assets. I want to settle the debt w/the apartment complex, not their collection attorney. Does the FDCPA cover this issue and allow me to submit in writing that I will only deal w/the... Read more »
I have been summoned on an outstanding debt. The summons references an agreement but does not include it as an exhibit. The debt was purchased from HSBC and I do not have any details on that transaction either. If I file an answer that denies all the complaint, can the plantiff come up with more... Read more »
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 settlement...Read more »
I received a notice of garnishment of wages from my employer about a debt that is six plus years old. No attempt to contact me was ever made but the court went ahead and gave the attorney who is doing the collections everything they requested. What can I do?
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...Read more »
There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.
The email tells the pre-charge off customers the company is considering obtaining counsel for creditors' rights and asks the customer to contact us to make mutually acceptable arrangements. I do not alter the form email in any way. It has my name as the sender. A customer who has been in... Read more »
Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be...Read more »
Try to settle for 50% or as little as possible if you have the funds to pay in a lump sum. If you do not have the funds, then see if the lawyer for the hospital will put you on the "easy payment plan" and let you pay $100 a month until the debt is repaid.
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