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Tag Archives: fair debt laws

If a judgment is in my name only, can the plaintiff or court change it so the plaintiff can collect from my wife or any of my children?

If the only reason for requesting an amendment is to collect from someone other than you then the answer is no. In order to change (amend the judgment), the plaintiff would need to prove that your wife or children were a party to the issue. There may be instances where discussing your situation over a public forum could potentially compromise ...

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Disputing a Debt: Are we still able to dispute a debt even though the agency is saying it’s been over 30 days since the original letter to us was sent?

credit card debt

We have been in contact with the original creditor because we wanted our bill reduced or taken off for some faulty car repairs; but haven’t had much success. Today we received a call from a collection agency stating they have sent out a few letters and haven’t received any sort of response so they contacted us by phone. To date, ...

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What does re-aging a debt mean?

Answer: Re-aging credit card debt and other past due accounts resets the clock and may give you, collectors and creditors a fresh start, so be careful! Creditors DO NOT have to re-age past due accounts. But when they do without your permission or payment, their actions may be in violation of the Fair Credit Reporting Act and the Fair Debt ...

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Am I responsible for my ex-husband’s or ex-wife’s debts?

debt and divorce

Whether you are responsible for your ex-husband’s or ex-wife’s debts depends on the circumstances surrounding the issue, your state law and perhaps most importantly, who signed the credit contract. For instance, if your name is still on the credit contract you are still responsible for the debt regardless of what the divorce decree states. It’s important to understand that a ...

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I had a written payment agreement with a collection agency but now an attorney is threatening to garnish my wages for twice the amount I am paying the collection agency. Is this legal?

Assuming you complied with the terms of the written agreement, turning the account over to an attorney and the wage garnishment threats may be illegal. Does the attorney know about the written agreement? If not, have you informed the attorney of the agreement? Are you currently paying at least as much as the federal limit (or your state’s limit) on ...

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My medical provider failed to bill my insurance company, am I still responsible for the debt?

Some common myths: 1. Medical providers are required to bill your insurance company. 2. Insurance companies have to pay your medical bills. The truth is, you are responsible for paying your medical debts. Now, if you happen to have medical insurance, AND the insurance company receives the medical bill in accordance with its stated requirements AND the medical service is ...

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Do Medical Debts fall under the Fair Debt Collection Practices Act?

Yes! Medical Debts and bills fall under the Fair Debt Collection Practices Act because medical debt meets the definition of a “debt” under rule 803(5): This rule defines “debt” as, “a consumer’s obligation to pay money arising out of a transaction in which the money, property, insurance, or services are primarily for personal, family, or household purposes.”     There ...

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