Debt Collection

Most civil courts do not recognize stipulation of judgments or waver of defenses involving consumer debts. Both would still require the plaintiff to file suit and you would be able to challenge the stipulation. The best defense being that you had been pressured or forced into signing the document, however the best answer would be to retain a licensed attorney.

No, wages can be garnished by an order of the courts for any type of debt. However the credit card company or collections agency MUST first file a lawsuit, obtain a judgment, and then file a motion for garanishment of wages providing the courts with your employers information.

Any collections agency telling you that if you do not pay them, that they will garnish your wages is breaking the law, as they can not make threats that they do not have the ability or intentions to do. If that is the case I would contact an FDCPA law firm has you may be entitled to damages for the violation.

The legal answer is that the process of disputing a debt is simple that for disputes. If your only dispute is that you do not want a litigate debt reported on your credit then you would not legally have the grounds for filing any disputes. If however, the debt is genuinely incorrect or not yours; then you should be able to google "credit dispute" and find sample letters and instructions on the process of assuring that your credit report contains accurate information.

I would avoid any company or service that claims to "fix" your credit, as most of the time its just a scam, and they just send the same letters you can download off the internet for free.

Include everyone you know of and just make sure to keep the paper work ready for anyone in the future that tried to collect it. If the debt was not sold by the original card company then you should not have much of a problem in the future; if it was sold it can be a pain as it may jump around to a handful of other debt buying agents before someone does their job and deletes it.

Only a court of law by issuance of a Order of Garnishment or Levy can freeze a bank account. Any credit card company or debt collector making such threats are breaking the law, and you're entitled to damanges for their actions. I would google "FDCPA attorney new jersey" and get paid! I have no respect for a collector or agency that breaks the laws and lies to debtors!

Your A/OPC.

The principal is responsible for their own debts. A Power of Attorney doesn't create any obligations in the attorney-in-fact to take personal responsibility for the debts of the principal unless the AIF mishandled funds.

A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.

The person to whom you owe the money would need to file a document with the courts notifying them the judgment was satisfied. I would then suggest that you keep copies of these documents also since old debts some times have a bad habit of popping back up.

yes and no, bank accounts can be frozen subject to a levy or garnishment order, however you have the right to go before the judge within 30 days of the hold being placed on the account to explain your financial problems. If you have not been provided with that notice you should contact the clerk of courts, or a non-profit legal assistance program.

Honestly, there isn't a defense that has ever won, except for claiming that the account was not yours and that your a victim of identity theft, however unless that is true you then you can not claim that.

You could however claim that you want to make payments however they refused to accept the amount you could afford to pay. My firm had sued a debtor and got that answer and the judge forced us to accept $10 per month on a $7,000 credit card bill; however the woman had to jump through rings of fire to prove her limited income.

Lastly, if this was a sub-prime card, you could try to claim you had been a victim of predatory lending, but then your going to need a good attorney; so it might be cheaper to just workout a repayment plan.

I would say the best answer is to go back to Chas Levy with the old check and request a new one. Most banks will not accept a 7 year old check for deposit, and if they did there is a chance the account information or bank may have changed during that time frame. Lastly, since the statues of limitations have expired on this check there would be little to nothing you could do to fight to get it paid.

Well as with anything about the law it is subjective, and violations are not determined by the complainant (you). If you do feel that your rights have been violated, you should Google FDCPA Attorney and explain them what happen and if they agency did violate your rights they will represent you as you are entitled to get PAID if they did.

If the two of you are married, I believe you are responsible.

ImFreeOfDebt.org

I believe an attorney only needs his law degree in order to practice law/take the bar exam. The only qualifications that an attorney needs to have is state by state based. They must be licensed in the states that they have cases in.

No, however if you hold any joint assets, before or after marriage, such as a home, car or bank account they can be garnished or levied by the creditor regardless of who else is named on the asset.

Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.

Yes, where the judgment or order for garnishment comes from is not a point for not following the courts order. Most employers when they receive a court order for garnishment just comply.

If your not a State or Federal Agency, then you would need to file a lawsuit, win a judgment, and file a Motion for Garnishment with the courts, and typically you must know the information of what you are seeking to garnish.

Removing or say that information would be removed for repayment of a debt is not legal. If your bad medical debt was reported to your credit, then your payment and the status of the debt would be updated by the collections agency typically within 30-60 days. It will still appear on your credit but as a "paid" or "settled in full" status and zero balance due.

Yes, as long as your listed as a "Co-signer" on the account. Credit is not build if you are just an "Authorized User" if this was a credit card account. Lastly, this all assumes that whatever this joint-account is that it reports to credit.

Yes. Anything can be stolen.

Yes, joint bank accounts are subject to garnishments or levy for debts of any or all of the account holders and regardless of who puts the money in.

All debts should be paid, regardless of being secured or unsecured. However, if you are involved in a bankruptcy then the trustee will provide both the debtor and their creditor with the list of what, if anything, is being paid, adjustment, and/or monthly payment to expect.