I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.
When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... Read more »
answered on May 5, 2022
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... Read more »
answered on Nov 22, 2021
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... Read more »
evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... Read more »
answered on Sep 21, 2021
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... Read more »
Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... Read more »
answered on Sep 2, 2020
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... Read more »
HOA FOr a condo put a cloud on title for past due hoa fees that were in dispute and outside of the statute of limitaitons.
THis caused a sale to fail. What remedies can we seek against the HOA owner?
answered on Jul 8, 2020
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... Read more »
Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California
answered on Jun 26, 2020
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... Read more »
answered on Aug 1, 2017
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... Read more »
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 »
answered on Sep 3, 2015
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.
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 »
answered on Aug 31, 2015
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... 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?
answered on Aug 31, 2015
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.
answered on Aug 31, 2015
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 »
answered on Aug 31, 2015
No, they can't disclose any information without a release from the individual. There may be some ways around that without disclosing information but it's a fine line.
My wife's check is currently being garnished by the Utah State Government. Can the US Government garnish the wages of me, a husband but under one household, in simultaneous actions?
answered on Aug 31, 2015
The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.
My company won a Judgement for $ but the Defendant is not paying and is now filing an appeal. Can I file a lien in the meantime?
answered on Aug 31, 2015
Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.
I have also heard that you can post a notice in the newspaper that you are not responsible for your spouses debt. Does this remove any liability for myself?
answered on Aug 31, 2015
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 »
answered on Aug 31, 2015
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 »
answered on Apr 18, 2013
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.
Of course, this assumes... Read more »
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