Unfortunately, he may falsely tell you that he represents the original creditor. You need to find out. One way to determine this is if and/or when he files suit against you, he will list himself/his firm or the original creditor as the Plaintiff. If it's NOT the original creditor, this means he is a junk debt (stressed debt) buyer. If he or his firm has purchased the "rights to debt collection", then you stand a much better chance of defending yourself. But I recommend that you still hire a Lawyer. Also, if he misrepresents himself as working for the original creditor and he does not, he is in violation of the Fair Debt Collection Practices Act.
A "charge off" does not mean the debt is not valid. It means the credit card issuer, or original creditor, has written it off their books for tax purposes as noncollectable. They receive insurance payments and tax credits on the charge off. That account may then be purchased for pennies on the dollar by a third party who will attempt to collect the debt.
There are Attorneys and Law Firms (Mann-Bracken) who specialize in collection lawsuits to recover payment in full but their success is limited against the informed. If you do nothing a default judgment will be made to the Lawyer. There are many things these Lawyers do not want you to know! Read further! If you fail to respond/answer the complaint/summons, and a default judgment is won by the third party collector, they will initiate action(s) to collect. Some of the ways for them to collect are, garnishment of wages and/or bank accounts. Liens against real estate, requests to have non-exempt assets liquidated. All states have a set of exemptions to protect specific amounts of the defendants property.
If you are sued:
Always file an answer to the complaint/summons within the 30 day period!
The first thing you should know and check is that you are protected by various consumer laws depending on what state you live. There are certain time limits, called statute of limitation, in which a Lawyer/Debt Collector has in order to claim remedy. For example it is four (4) years in California from the "Date of Occurrence" or when the account is in default or the date of last payment. Generally the default date is when the first payment was missed if there are no subsequent payments. So if you live in a state where the statute of limitations has expired, you should file an answer to the summons, stating that your debt is beyond the statute of limitation and move that the case be dismissed with prejudice.
Pursuant to the Fair Debt Collection Practices Act, (§ 803.4) these Lawyers or Debt collection agencies are NOT the original creditors. The Lawyer must establish a creditor/debtor relationship with you and establish a course of business dealings between you and he in order to claim remedy. DON'T AGREE TO OR SIGN ANYTHING! The Lawyer must also provide viable validation of the alleged debt beyond his own records. Since the Lawyer is not and does not represent the original creditor, the records they keep are hearsay. This includes affidavits since said records or documents upon which the affiant or the Lawyer relied is not the original creditors or not admitted into evidence or attached to the complaint or affidavit. This means he must provide the original creditors complete records of the alleged debt. As a rule, he will not be able to do this.
He will also claim "breech of contract". In order to sustain the burden of proof for a Breach of Contract the Lawyer must attach a copy of his contract with you (not the original creditors), with your signature on it, to the complaint. If he does not, he fails to establish a contractual relationship between you. Additionally, if implied, it must be established that you, was sent a statement and that you expressly consented to the statement by failing to object. (meaning he sent you letters that you did not reply to) There needs to be a copy of a statement and proof of mailing (registered mail) to establish a presumption of no objection. For an account to exist between the Lawyer and you there must be proof of an agreement between you that a certain balance is correct and due and an express or implicit promise to pay this balance exists. There must be evidence that the parties agreed on any balance due and owing.
Most damaging is that according to the doctrinal law, Volenti Non Fit Injuria, a legal principle that states that one who knowingly and voluntarily consents to and takes on a risk cannot ask for compensation for the damage or injury resulting from it, you cannot claim remedy for an injury which you inflicted upon yourself as the Lawyer has done by willingly purchasing debt on an account that was defaulted and deemed non collectible by the original creditor. Based on this, most cases are dismissed once it is established that the Lawyer is suing on his own behalf (since he purchased the debt collection rights to your account) and not that of the original creditor which is what HE wants you to believe!
it depends if you haven't been charged yet but you know you will you should talk to one if you have been charged you will definitely need one
To access their credit data, people should send a letter to a credit reference agency. They collect public and credit data to produce credit reports and credit scores.
If going to court, if you cannot afford one, one will be appointed. If a child is innocent, get a lawyer. If a child is guilty, you should get the appointed one, and plead guilty.
a credit memo is getting credit for something that should have not been charged. a demo memo is billing someone incorrectly.
The difference between the two should be what has been charged to the card.
Can I travel out of the country if not formally charged ? If bondsman says ok should I have them write letter of approval as well as the lawyer ?
Your state's Statute of Limitations law will provide you with the answer to that question. Charging off a debt is essentially just a bookkeeping term, and does not affect the company's ability to collect the debt from you. The seven-year time frame you reference is related only to how long it can be reported on your credit file, and is completely separate from the Statute of Limitations, which can be anywhere from 3 to 10 years or more. Of course, I'm not a lawyer and this should not be construed as legal advice, but rather general information based on my experiences and research. I make no guarentee as to the accuracy of the information.
If you want to try and clear their name or lighten their punishment, yes.
No. Your plea does not give your lawyer anything to work with. It simply denies your guilt. If you enter a guilty plea, your case will end and you will be sentenced.If you are charged with a crime, you should consult with a lawyer before your arraignment.
Yes. Even though the chargeoff line item should come off of the credit report in seven years, the credit card company may attempt to collect their debt for as long as they wish (assuming no fair credit collection laws are broken in the process).
You should never be charged for an incoming call - no matter what service you use. The only time you should be billed for an incoming call - is if the other person reversed the charge via the operator (collect call)
There should be a system in place from the jail for accepting collect calls. It usually allows you to put funds into an account via credit card to accept collect calls from their specific phone number.
If you're buying online and paying by credit card, your credit company will convert to euros for you. the amount charged to you on your statement should show as Canadian dollar.
You should try to collect as soon as possible for fear that his assets will disappear and with them any chance of financial return; his lawyer was putting you off, and judgements do expire(10...20yrs.), but that's not the critical issue - procrastination is!
They should be charged with assault.
Read your governing documents to determine how the fees should be charged, whether they should be charged to a limited number of owners, or to all owners in the association. Apparently, a citation was required to settle a difference of opinion among owners, or between owners and the board. Yes, this is association business, and yes, the fees should be charged to owners.
Yes, your rights have to be read when you are arrested and accused of any crime. A lawyer should be contacted if your rights have been violated because you may not be charged with the crime.
Over the period, Expense debit Payable credit and when pay Payable debit Bank credit Expense should be charged on acturial asumption. and over the period, acturial gain or loss should be recorded.
No. You can take the paperwork with the collection and send a certified copy to all 3 credit bur., and it will or should be taken off.
My friend was charged with Assault in the 2nd Degree in New York City. The defence lawyer wants to charge a fee of $10,000.00 dollars Is this fee too high?
Like most legal matters, that all depends. A person that is under indictment for a felony (charged, waiting for trial) may NOT purchase a firearm. However, if you were charged but not convicted, trial is over, etc, that should NOT be a bar to purchase. You will need a lawyer for a current, legal and correct answer.
Being a lawyer, you should and good at speaking.
I think you should be a lawyer.