http://www.expertlaw.com/forums/ Issues involved in the collection of debts, including car loans, student loans, credit cards, judgments and medical debts. en Fri, 24 May 2013 03:58:54 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158709&goto=newpost Mon, 20 May 2013 22:00:13 GMT My question involves collection proceedings in the State of: California I rented a car while I was abroad and got into an accident. At the time of... My question involves collection proceedings in the State of: California

I rented a car while I was abroad and got into an accident. At the time of rental, I did purchase their loss damage waiver insurance policy with a deductible. They have been trying to collect the full cost of repairs to the vehicle as opposed to the deductible. The rental company originally sold the debt to a foreign collection agency which tried to collect and violated several collection laws, but I am not sure anything can be done about that since they were not based in the US.

The debt was subsequently sold to a US-based collection agency, and they have since been trying to collect from me. I have stated time and time again to both the collection agency and the rental company that I did not breach the original contract terms and that I was only responsible for the deductible. The wording in the rental agreement is purposefully vague, but the conditions under which the accident occurred should not preclude the insurance from paying out.

They reported the debt as a collections account on my credit report. I have since disputed it, but the rental agency insisted that I was responsible for the debt when I asked the collection agency to validate it.

I am not sure what to do at this point.

If I am not responsible for the debt because I have not breached contractual agreements, how do I get the collection agency off my back?
What is my course of action to prove that I did not breach the contract?
And to whom must I do this? Do I need to take legal action?

I appreciate your help in advance, and please let me know if you need additional information. ]]> Debts and Collections bigweapons http://www.expertlaw.com/forums/showthread.php?t=158709 http://www.expertlaw.com/forums/showthread.php?t=158630&goto=newpost Sun, 19 May 2013 14:29:38 GMT My question involves collection proceedings in the State of: Florida I am being sued for credit card debt. Cap One filed a timely camplaint well... My question involves collection proceedings in the State of: Florida

I am being sued for credit card debt. Cap One filed a timely camplaint well over one year ago. I responded within 20 days. We are now over the sol and cap one has not proceeded with the suit. Do they have a certain period of time to move forward with the suit or can they keep this action open for an indefinate amount of time since the complaint was filed timely

Steve ]]> Debts and Collections steveland http://www.expertlaw.com/forums/showthread.php?t=158630 http://www.expertlaw.com/forums/showthread.php?t=158555&goto=newpost Fri, 17 May 2013 16:39:12 GMT My question involves collection proceedings in the State of: California

I have a question..... I have been paying the District Attorney's office for a bad check I wrote. I sent the final payment, however I sent late so was assessed a late fee of $12.50.... however because I have not paid that in Dec 12, I have been charged $10 a month so now I owe over $50. Is it legal for them to charge me every month a late fee on a original late fee?? ]]> Debts and Collections Jennbishop http://www.expertlaw.com/forums/showthread.php?t=158555 http://www.expertlaw.com/forums/showthread.php?t=158547&goto=newpost Fri, 17 May 2013 13:10:29 GMT My question involves collection proceedings in the State of: Sacramento,Calfornia

Ok here's the deal about three months ago I cashed my payroll check form my employer at cash one in sacramento as i had done in the past. so a week or so later i got a called saying that it being a placed stop payment on the check and since they gave me the funds which was $493.00 dollars which was less than that because they took they check cashing fees. but here's the thing they except me to pay back the funds that i got . also i have not gotten any thing from my employer saying why they placed a stop payment on the check and i still work for the company.i have offered to pay back the funds in payments and they are not willing to work with so i really need some help because i dont think its fair to me since this was not a personal check from me it was a payroll check. ]]> Debts and Collections vegasbaby http://www.expertlaw.com/forums/showthread.php?t=158547 http://www.expertlaw.com/forums/showthread.php?t=158479&goto=newpost Wed, 15 May 2013 21:15:08 GMT My question involves collection proceedings in the State of: Arkansas
I helped a family member out with a car loan. I'm listed as the owner and she is the cosigner. She has stopped payment. What options do I have for getting the car back from her? ]]> Debts and Collections Surina01 http://www.expertlaw.com/forums/showthread.php?t=158479 http://www.expertlaw.com/forums/showthread.php?t=158437&goto=newpost Wed, 15 May 2013 01:50:19 GMT My question involves collection proceedings in the State of: New York When I was 17 I started a joint account with my mother (19 now). Since then... My question involves collection proceedings in the State of: New York

When I was 17 I started a joint account with my mother (19 now). Since then ive put a substantial amont of money in the account, around $25000, and my mother has never touched it. A few days ago, a collection agency froze the account because my mother inherited a $4000 debt from my father after he died and they are trying to garnish the money from my account. Again, all the money is mine, I inherited it from my fathers death. My mother has never put money in or taken money out. How can I stop them from taking my money? ]]> Debts and Collections DylanF94 http://www.expertlaw.com/forums/showthread.php?t=158437 http://www.expertlaw.com/forums/showthread.php?t=158426&goto=newpost Tue, 14 May 2013 20:36:50 GMT My question involves collection proceedings in the State of: Florida

I desperately need your help. I don't know what to do at this point or who to contact anymore. I have filed a claim with the Department of Education Ombudsman Group and nothing has been done yet. Here's my situation in 2003 I went to National School of Technology and I was told and it was documented and signed that my total tuition was going to be $10,002.00 and I was approved for a federal grant of $3,700 and I was to pay 600 to the school so the remaining balance was going to go towards a student loan. That paper was signed and documented. And that is why I enrolled in the school thinking I was going to get help by financial aid based on what the school told me. Well it turns out that what the school told me was all a lie the 10,002 was applied to the student loan and now I am in debt. I did my own research and it looks to be in 2005-2007 the Department of Education raided this school National School of Technology due to some kind of scam or Fraud took place in this school and I have a feeling I am probably in one of those cases. I need help finding someone who can help me. If I knew I wasn't going to be approved for financial aid I would not have enrolled in this school. In my credit report it is greatly affected because it looks like am in complete debt. I would like to either have this student loan be discharged or Atleast have a balance that indeed it is the correct balance. I see how you help so many people and I would love it if you help me by providing me a number of someone who can help me or point me to another direction.

And now I believe Sallie Mae may be involved in this as well because they can't seem to even locate where I signed off on this loan that's over $9,000 ]]> Debts and Collections Janelle Perez http://www.expertlaw.com/forums/showthread.php?t=158426 http://www.expertlaw.com/forums/showthread.php?t=158356&goto=newpost Mon, 13 May 2013 11:18:08 GMT My question involves collection proceedings in the State of: California Hello. coming up on one year ago I lent my father a lot of money. And... My question involves collection proceedings in the State of: California

Hello. coming up on one year ago I lent my father a lot of money. And since he is my father and at the time I trusted him I did not have him sign a paper or anything. Keep in mind my father owed a lot of money on his house. Which I was living in and continue to live in now. The house needed to be sold in order to avoid losing it. It was on the market for six months until the posting expired and our real estate agent gave up essentially. Then my father decided to try a different agent. But the agent recommended changes and my father and rather dangerous friend have spent the last few months doing a very lousy and messy job at it. Anyways my father is constantly talking about how we are close to losing the house but my father talks of financial ruin almost all the time so I have no idea what is really happening. At one point an argument led to him saying that he may not pay me back. Also recently since I have not been in school this semester he asked me to pay rent. I told him I would provided that he sign a paper saying he owes me money. He proposed something called a loan note. When I asked about getting it notarized he denied that it was important. I also have major doubts as to whether he will agree to sign a date of when he will pay me back. I think his plan may be to not put a payback by date then if he loses the house to the lender he will not be forced to sell one of his several other properties that he is currently renting in order to pay me back. Also some more info he owes two loans actually on the house he lives in. What should I do? I was thinking of offering to pay extra rent the first month if he agrees to a notary and payback by date. All of my current information on loan notes comes from this website. http://www.ehow.com/about_4680468_what-loan-note.html

What all should I know?
Suggestions?
Tips on better negotiating?

Thank you
best regards, 01 ]]> Debts and Collections anonymous01 http://www.expertlaw.com/forums/showthread.php?t=158356 http://www.expertlaw.com/forums/showthread.php?t=158331&goto=newpost Sun, 12 May 2013 08:02:14 GMT My question involves a consumer law issue in the State of: Ohio I purchased services of a bail bonding company. 11/2009 i went to their offices ... My question involves a consumer law issue in the State of: Ohio

I purchased services of a bail bonding company. 11/2009 i went to their offices and paid the amount required to bail a friend out of jail. I signed a contract (whew, giving them poa and agreeing to their 2 page contract) I got a receipt for the amount paid from the bail bondsman, dated the 17th (which was the day that i was there). I signed and dated the paperwork 17th as well.

I didnt get a copy of the paperwork. I called twice and never did get it -until the situation turned badly and the friend didnt show up for his court appts. The bail bond co called me, and i called the friend, got him to a wendy's to meet with the bonds person, they (3) took him in (peacefully).

I then get a bill ( got bill months later) for $5,000.00 and the long awaited copy of contract.:grumpy:

I sent back a check for $1.500.00 and marked paid in full on it, and a letter saying no way did they have to send bounty hunters out of state or anything - that i had helped set the meeting to bring him in. They sent it back saying they couldnt accept that, that just because i hadnt received a copy of the contract didnt mean it did not exsist.

Upon viewing the LATE (4 yrs now they are taking me to court) contract I see that now one page is notarized -not the poa where there is a place for it, but the second page detailing fees, in the place for it there . (I am a notary as well, so I noticed these things and know the serious issues here Collusion of a notary in a false certification is very serious too. )

There was no notary in the room when I signed. They now have a woman (who I see is also part owner of the firm) signing she witnessed my signiture, (which she did not, nor did she give any oath, get id, etc, as she was not there!) Also, she has the date wrong, saying the 16th instead of the 17th as the two of us put down on other things.

So because there is fraud in this paperwork, does that void it? Lots of errors here, due to her not being there, i was not asked to sign in a sequential journal of notarial acts. (which she is required to do to prove she and I were there and she observed all details.).

Any assistance here would be a God-send, thank you - Need to respond to the court in 28 days ]]> Debts and Collections ohwidow http://www.expertlaw.com/forums/showthread.php?t=158331 http://www.expertlaw.com/forums/showthread.php?t=158282&goto=newpost Sat, 11 May 2013 02:38:08 GMT My question involves small claims court in the state of:

8 months ago, my dad's boss borrowed $50k from him because he "needed it". He said that he will give it back this february but he refused to give it at the stated time. Now it's May and he still hasn't given it back, not even a single penny. He said that he would give back about 10k today but he made an excuse that he forgot and will give it later. We are 100% sure that he is doing it on purpose and we don't know what to do now. We do have the statement of the transfer but we have now idea on what to do and it's causing a lot of stress in our family and there are kids who are very sensitive to this kind of stuff. We've tried talking to him nicely but still no response. Can somebody help us please? This is a really serious matter. ]]> Debts and Collections Adak17 http://www.expertlaw.com/forums/showthread.php?t=158282 http://www.expertlaw.com/forums/showthread.php?t=158136&goto=newpost Tue, 07 May 2013 12:56:51 GMT My question involves collection proceedings in the State of: Colorado I had a credit card that I defaulted on in 2001 just received a letter from... My question involves collection proceedings in the State of: Colorado
I had a credit card that I defaulted on in 2001 just received a letter from MCM saying I own them. MCM purchased the debt form Collect America LTD on 07/09/2007. Hasn't the statute of limitations run out on the debt? ]]> Debts and Collections coreys281 http://www.expertlaw.com/forums/showthread.php?t=158136 http://www.expertlaw.com/forums/showthread.php?t=157930&goto=newpost Wed, 01 May 2013 00:25:40 GMT My question involves collection proceedings in the State of: Michigan I had sold a car to a buyer in 2005 and in 2013 I am getting some toll... My question involves collection proceedings in the State of: Michigan
I had sold a car to a buyer in 2005 and in 2013 I am getting some toll violation collections. When I checked on this, apparently the buyer may not have registered the title and I was not aware that I had to send in a "release of liability". The vehicle was registered in Florida.

Should I go ahead and submit the release of liability asap?
I do not have access to the buyer although I know the name of the buyer.

Any thoughts, suggestions?

Thank you. ]]> Debts and Collections mssexpert http://www.expertlaw.com/forums/showthread.php?t=157930