Debtor And Creditor Legal Questions

The statute of limitations has expired on bringing a new lawsuit, so the issue is whether there is an existing judgment against you.  You can find out by running your credit report under your social security number.  If so, you can hire a lawyer, while still overseas, to make a motion to have it vacated.  At that point you can settle it, or maybe have it marked off entirely.  Having a civil judgment will not impact your visa applications or customs check at border.... Read More

There are a few unanswered details in your question.  Did you close the account more than 5 years ago?  If you did, the claim may be past the Statute of Limitations, so the Bank would have no legal right to sue you for the charges.Do you actually owe the money?  Are the charges correct?  Because if the charges are NOT correct, you should actively dispute and challenge the debt collector to prove the debt.Was this a consumer bank account or a business bank account?  Debt Collection Practices laws apply only to consumer debts.  Commercial debt collectors do not need to comply with these laws.Are you being contacted by the Bank itself, or a collection agency on behalf of the bank?  The Federal Fair Debt Collection Practices Act (FDCPA) only applies to third party collectors such as collection agencies.  However the Florida Consumer Collections Practices Act (FCCPA) can apply to both original creditors and third party collectors.Do you want to stop all contact with the debt collector?  If you do, it may prompt the creditor to sue -- but that may depend on the amount of the debt.  The bigger the debt, the more likely that the creditor will sue.You can write the collection agency a letter, saying (a) you dispute the charges (and why, if your dispute is legitimate), (b) you request "verification of the debt," (c) you demand that they stop all telephone calls and only contact you by mail, or email if you prefer, or not at all.  I recommend that you send the letter by certified mail, and keep a copy with the certified mail receipts.  All that does is prevent them from bothering you.If the debt is legitimate, the bank or debt collector can still put a negative entry on your credit report or sue you to collect the debt, but they should not bother you any more.  If you DO receive further telephone calls or other collection activity, go meet with an attorney who handles FDCPA claims against Creditors.  If the creditor/debt collector has violated the FDCPA or FCCPA, most attorneys will handle the case without costing you attorney's fees, as they will get fees from the other side.... Read More

So lets see....YOU allowed your father to get credit in your name, he stiffed the creditors, and .....you want to have them foregive the debt, meaning that THEY would in effect pay for your poor decision making? Good luck with that. The answer to your question is you man up (or woman up) to your responsibilties, cancel the cards and pay the debt your dead beat dad didn't and learn your lesson well about financial responsibilities and letting others buy things on your credit. ... Read More

You would need to hire an attorney who specializes in EDD issues if you want to deal with them directly on this.  But another option is to file a bankruptcy case to discharge the debt.  If your boyfriend is interested in a free consultation to go over his eligibility and options, have him visit https://www.bklaw.com/consultmain/individual/ to prepare for and schedule an appointment.... Read More

The debtor's lawyer misled you.  If you had inventory, you needed to assert your UCC lien within 10 days of the filing.  You did not, so you lost your lien.  You will get neither the inventory or the money.  File a claim if there is a time to do so.  Had you asserted a lien, you would have gotten back the goods you supplied.... Read More