Recent content by JohnMacek

  1. J

    Commercial or personal debt issues !!!

    Request validation if you want, just remember the collection attorney isn't bound by the FDCPA in it's actions to collect this debt. I don't have all the details, so I can't tell you how best to proceed. I will reiterate that the debt does not fall under the FDCPA. Go to court and put as many...
  2. J

    3rd party Collector filing suit against me?

    First off, send a dispute letter. If this is your first contact with MB LLC, they should have put the full "Rosenthal" FDCPA disclosure somewhere in your letter. If they didn't, you may have a FDCPA violation. Look up your local court records online and search for cases in which MB LLC is a...
  3. J

    upside down car loan

    if they repossess and the amount your vehicle fails to sell for equal to or greater than what you owe, you will owe the difference. thay can sue you and garnish you wages, attach property (personal or real) and "ruin" your credit. judgments can be renewable indefinitely, depending on the state.
  4. J

    Sued by Palisade Collections

    i'll assume it was opened in 2001. the SOL doesn't start to run until your last pay/last charge (to put it simply). if you were out of state, in prison, or in some other manner/condition, the SOL may have tolled (been put on pause). there seems to be a lot of "case law" surrounding Wolpoff and...
  5. J

    Help advise me please!

    did you state "paid in full"/"settled in full" followed by the account number when you presented the check? do you have a copy? as far as i know, a check is a legal instrument, and if they negotiated it with those terms on the check, they are subject to (bound by) those terms. i could think of...
  6. J

    I don't know what to do.

    but in a community property state, they can attach/levy/seize community property. (after judgment, of course)
  7. J

    Carpet restocking fee?

    i like the lawprofessor's answer....
  8. J

    repossesion

    at five years old, i would try to work out a settlement agreement with them, with the understanding that the derogatory mark will be removed in it's entirety. I would offer 65% of what is due on the condition that the negative credit mark will be removed. get it in writing (fax or email is ok)...
  9. J

    Misrepresentation of Product - product ordered was not product installed.

    in my state, contractors are licensed and bonded, as well as a contractors state license board, which regulates contractors while performing their trade. there are also portions of the business and professions code which stipulate (down to the font size) how a contract for construction work...
  10. J

    Collection agency still reporting against me after bankruptcy

    as i understand it, if it wasn't included, you have to make a motion to have it included (a noticed motion, i believe). your state should have a listing of attorneys that have passed the state bar, they should have the last known info for your attorney.
  11. J

    Wife has separate debt in collections

    If it's community property and she has a right to it, her creditor(s) have a right to it.
  12. J

    Commercial or personal debt issues !!!

    The FDCPA only applies to "consumer" debts (primarily for personal, family or household purposes). You have no FDCPA protection. You personally guaranteed a business loan/obligation for your LLC. Since the transaction was for a business debt, you have no FDCPA protections. You're stuck with the...
  13. J

    Foreign Debt

    If the contract under which the obligation was formed I don't see why not. (i am not an attorney)
  14. J

    collecting on a garnishment we issued

    Find a bank account or other asset to levy upon.
  15. J

    Wage Garnishment

    The amount of wages to be garnished is subject to state and federal law. I would assume that the judgment (or "sister state" judgment) was entered in AL, as the writ would have to be issued by a court in AL to be effective in that state . If you were never served/made aware of the judgment, you...
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