Search results

A subpoena needs to be justified by an underlying action (suit), either pretrial/discovery or after trial to enforce a judgment. Are you being harassed? If you are being harassed by the party with the "unavailable number", file suit against the "doe". Then serve the company with a subpoena for...

Assuming the facts are as stated, bringing a time-barred (ie sol has run) suit is a violation of the FDCPA, so it sounds like you have a decent chance of prevailing on a FDCPA claim against the collection agency that just served you.... BUT, you have to raise the defense that the action is...

In California the creditor can bring an action for fraudulent conveyance, and move to put all the assets back into your name so the can be levied upon.

The statute of limitations on judgments in California is ten years, renewable for another ten years indefinitely. Be aware that judgments bear interest at 10% per annum, non-compounding. That interest gets capitalized upon renewal (effectively doubling the amount owed). Costs are also allowed...

***This applies to California*** I will make the assumption that the "suit" you refer to is an EWO (Earnings Withholding Order, aka wage garnishment). If you change jobs while an EWO is in effect, the judgment creditor (or Assignee of Record) will have to get a new writ and re-serve the new...

First off... Debtor: "one who has the obligation of paying a debt" Creditor: "one to whom money is owed by the debtor" If Citifinancial has sent your account to a collection agency, you most likely are getting calls from that agency, as they have assigned it to the collection agency. They...

Anything the "debt negotiators" can accomplish, you can do on your own. The question is which is more valuable to you; the time it takes to reach a settlement agreement with each creditor and/or assignee, or the money you will pay to the "negotiators"? I personally think they are a sham as I...

yes they can contact your employer to see if you are employed. sounds like they are gearing up to sue you. send them a cease and desist letter. they will either sue you, or your account will go to another collection agency.

most loan agreements include a "right of offset"... meaning if you default, they can take funds due and owing directly from your account (if you have bank account w/ the lender). best not to bank with your lender.

if it's a law firm, it's not small claims. it would be a limited civil case (at least in CA) file an answer and go to adr, agree to a stipulation (in lieu of judgment) of $500/month. if you default, they can and will get a judgment against you.

if you have no assets, no income (and thus no ability to pay your creditors) file bankruptcy. you will get to keep your house and car. otherwise i would pay them. they can seize your car and lien your home after judgment (depending on what state you live in)

the only "debt cancellation" i've heard about is bankruptcy, and i've worked at a collection law firm for 4 years. settle it (get it in writing). dispute it on your credit report after you have pad the settlement.

i'll take you at your word.. if you were a minor, you (legally) didn't have the ability to enter into a binding contract, thus any contract entered into is null and void. as gary pointed out, the debt is stale for credit reporting purposes. dispute it as such, and it should go away.

don't mean to burst your bubble, but if the collection agency was assigned the debt (they were), they have all the legal rights (and none of the liabilities) of the original creditor. ie, they can (and possibly will) sue you. if you try to play hardball with a collection agency, they will sue...

if the debt is paid, chances are the creditor will fail to file an answer if you dispute the debt on your credit report(s).

you can dispute it on your credit report as "late due to ins. company payment". as long as it gets paid, the creditor won't bother with filing an answer to your dispute, and it will get removed.

they have a security interest in the vehicle. if you default, they can seize it and sell it at auction to recover the balance owed. a debt being charged off has nothing to do with your obligation to pay. you still owe the money, they just wrote it off for tax reasons.

i'm not familiar with the applicable state laws, so this is just my opinion (as always) 1) you owe the judgment creditor. the judgment creditor can assign the debt (giving the assignee all the rights that were the creditors) to anyone they so choose. 2) depending on (your) state law, yes...

disclaimer: i am not familiar with FL laws... transferring an asset to a third party for little or no consideration is known as fraudulent conveyance. if you didn't receive fair market value for the car when transferred, you have a big problem, especially if you still enjoy use of the car...

a judge can issue a warrant if you fail to comply with a court order (oex, interrogatories, etc). depending on your state, the judgment creditor can levy your bank account, seize your personal property and lien your home. very few people are "judgment proof". pay what you owe. it will come back...