Recent content by Munchieman

I have seen in many cases where the validation is satisfied by establishing that the account is yours, and there is a debt. From what you describe, they have done that. Do you have any defense against the debt? Have you responded to the summons? Even if they violated the FDCPA, that...

SmartyPants, You are right, it sucks that this happened. I think your best option is to learn from it, and hope it never happens again. If you know you didn't take anything, the first question should have been "Did this citizen witness me taking something? If not, let me go or call the...

Hello dereck7, I have to disagree konastephen. Just because a person is 'artistic' doesn't mean they don't have to keep their agreements. I too am a photographer, though I don't do it full time as a professional. I have shot weddings, and it does take time. However, as this photographer...

You may be able to get the non-compete made invalid by claiming you signed it under duress. It is illegal to withhold your wages like that. I'm not an expert on Non-Compete agreements, but it could be difficult to have it enforced retroactively. Those agreements are usually signed at the...

If they filed the lawsuit before your validation request, the request has no ability to stop the court action. Did they make any contact with your wife prior to filing the lawsuit? If they failed to give you a validation notice and they made contact before the lawsuit, that could be grounds...

If they have not accepted service, how can there already be a hearing. Also, how do they know about the hearing? What is the jurisdiction? They probably cannot garnish unemployment benefits. I don't think the IRS can do that. However, if they get the judgment, they will be able to garnish...

saginawmom, does Chris pay any rent? If so, has she stopped paying? Gail, I'm wondering if the owner retains his right to change the locks, considering he is also a tenant? I understand the legal concept when a landlord does this to a tenant, but it would seem to be impeding the owners...

You didn't sign a contract, but did you have anything in writing for the previous order that would indicate future orders? Look under the Legal Guides on this site. Contracts/Business. It explains that the Statute of Frauds requires this type of sale to be in writing. If they don't have it...

I think your best bet is to look up the Statute of Limitations, paying close attention to when the SOL begins to run. Brian

I don't think either one gives better protection than the other. An LLC is easier to maintain, so in a sense, it could be easier to protect yourself with an LLC. With a corp, there is more you have to do to maintain the protection, that there is greater chance you will have a problem. I look...

Hello from Nevada! Hello JM, I am also from Nevada. I'll answer as much of this as I can. I have set up many LLCs, but each is different. There is a website Guru . Com (I'm not yet able to post links) I use the services on that site a lot. Questions: 1) I think this is a question for...

What was the last date you made a payment or used that credit card? Had you stopped making payments before you were disabled? Brian

SOL is 4 years Hello, From what I can tell, the statute of limitations in California is 4 years for Open Accounts. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4 That SOL begins on the date of last payment, or last use. See Section 343 and 344 at...

My jurisdiction is: Nevada Hello, My question revolves around a collection lawsuit. Question: Is a plaintiff required to give notice to the opposing party if they set a court date after an appearance has been made? Background: I was sued, and I filed an answer and counterclaim. We...