Q: I bought a car from a private party, its 6 years old, can I use the lemon laws to give back this vehicle as the vehicle has had problems from the day I bought it?
Posted By Henry | Sep 14th 2012
A: Federal and state lemon laws do not apply to vehicles purchased through a private party and typically applies to newer vehicles purchased through a licensed dealer. In the future should you wish to purchase a vehicle from a private party and are concerned as to condition and history of the vehicle, a service such as Carfax or another auto history report provider could give you valuable information that might steer you away from a vehicle that has had a history of mechanical or other types of problems.







questionRecently Asked Questions

A: You may have rights under the Truth In Lending Act. If you don’t have all your deal paperwork, get it, and fax it to Attorneys For Consumers licensed in your state at 866-773-6152 for a free, no obligation consultation. Ort call 888-595-9111 and talk to someone today.

Washington, Debt | Answered by: 12 | May 3rd 2013

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A: Your rights under the Rosenthal Fair Debt Collection Practices Act and/or Fair Credit Reporting Act may be violated. Additional facts are needed to evaluate your situation, so call 888-595-9111 and talk to Attorneys For Consumers licensed in your state, get a free case review and consultation.

California, Debt | Answered by: 15 | May 3rd 2013

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A: Based on the facts you have provided, Equifax should have removed the entry and its failure to do so sounds like a violation of your Fair Credit Reporting Act (FCRA) rights which may entitle you to actual damages and statutory damages, plus attorney fees. The FCRA exists to ensure maximum accuracy in credit reporting, as your credit (and credit report) is so important in many aspects of your daily life, including finding employment and housing, and important purchases. Call Attorneys For Consumers at 888-595-9111 for a free no obligation consultation, see if your FCRA rights are being violated.

Michigan, Credit | Answered by: 23 | Apr 29th 2013

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A: The Fair Debt Collection Practices Act (FDCPA) provides consumers have 30 days form the receipt of such a notice to dispute the debt and demand validation. Unifund is a purchaser of old defaulted debts, so its likely they purchased an old credit card or car loan debt of yours. Attorneys For Consumers licensed in your state may be able to help you dispute the debt and if it or any part of it is invalid, protect your rights under the FDCPA; they may even be able to help you settle it for less. Call 888-595-9111 for a free consultation today, there is no obligation.

Texas, Debt | Answered by: 10 | Apr 29th 2013

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A: Generally “as is” purchases come without any promise to repair, and lemon laws only apply to vehicles that have “warranties.” Still, you may have a state law claim for “revocation of acceptance” under the Uniform Commercial Code that you can bring in small claims court. However, often in car deals there are other violations of federal law, for example, the Truth In Lending Act and the Equal Credit Opportunity Act, both of which provide damages to aggrieved consumers. Attorneys For Consumers licensed in your state can evaluate all aspects of your car purchase to see if any of your consumer protection rights have been violated, call 888-595-911 for a FREE no obligation consultation.

Florida, Vehicles | Answered by: 1 | Apr 26th 2013

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A: Without additional facts such as the original creditor, the current collector and the date of default, there is no way to know. Call Attorneys For Consumers licensed in your state at 888-595-9111 for a free consultation as to your rights under the Fair Debt Collection Practices Act, you may be entitled to actual damages, statutory damages and attorney fees. Call today and learn more.

Arizona, Debt | Answered by: 3 | Apr 24th 2013

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A: That sounds like potential violations of your Fair Debt Collection Practices Act rights and maybe even your Fair Credit Reporting rights, as what they appear to be doing is re-aging your debt for credit reporting purposes and collection purposes. You may be entitled to actual and statutory damages, and attorney fees! Call Attorneys For Consumers licensed in your state for a free no obligation consultation at 888-595-9111 today.

Wisconsin, Debt | Answered by: 23 | Apr 24th 2013

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A: You may have a state law claim for revocation of acceptance that you can bring in small claims court or through arbitration.

California, Vehicles | Answered by: 15 | Apr 22nd 2013

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A: Without knowing the exact status of collections, it's hard to know whether it is true. Call 888-595-9111 and give Attorneys For Consumers licensed in your state more facts. Having said that, you have rights as to disputed debts, rights as to 3rd parties being contacted about your debt, and rights as to people calling cell phones; the Fair Debt Collection Practices Act prevents abusive, illegal collection conduct and provides for actual damages, statutory damages of up to $1,000.00, plus payment of your attorney fees, and the Telephone Consumer Protection Act prohibits certain calls, text message and facsimiles and provides damages of $500.00 to $1,500.00 per instance. Attorneys For Consumers licensed in your state are happy to provide you a no obligation, free consultation. Call today.

Wisconsin, Debt | Answered by: 24 | Apr 22nd 2013

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A: Maybe, it depends on the terms of the warranty and how many days and miles since purchase. And even if you don’t have “lemon” as the law defines it, other rights of yours may have been violated in connection with the purchase, including your rights under the Truth In Lending Act and/or the Equal Credit Opportunity Act. Call 888-595-9111 and talk to Attorneys For Consumers licensed in your state, learn your rights without cost or obligation.

Colorado, Vehicles | Answered by: 9 | Apr 20th 2013

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A: There are some factual nuances missing from your inquiry that prevent us from knowing with certainty the answer to your question, but it seems they cannot unless you are married, and it is not likely they can even when you are, unless you commingle funds. You may benefit from the services of a debt settlement attorney, call Attorneys For Consumers licensed in your state at 888-595-9111 for a free no obligation consultation.

California, Debt | Answered by: 15 | Apr 19th 2013

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A: It sounds like you might benefit from the help of a debt settlement attorney who may be able to defend the suit, settle your debt for less and uncover violations of your consumer financial legal rights which may entitle you to payment from them! Call Debt Help Lawyers licensed in your state at 888-595-9111 for a free, no obligation debt settlement consultation.

Colorado, Debt | Answered by: 8 | Apr 18th 2013

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A: Generally, when you apply for credit, you give the creditor, and their debt collectors, permission to access your credit report. There are certain limitations to this ability, and exceeding it may in fact constitute a violation of the Fair Credit Reporting Act (FCRA) which provides for actual damages, statutory damages and attorney fees for successful consumers. As for the representations, and seemingly misrepresentations, made to you by the collector(s), the Fair Debt Collection Practices Act (FDCPA) may protect you, and this federal statute too provides for compensation to consumers whose rights have been violated, plus attorney fees. Call Attorneys For Consumers licensed in your state at 888-595-9111 for a free, no obligation consultation, you may be entitled to cash compensation and justice!

Georgia, Debt | Answered by: 9 | Apr 17th 2013

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A: If you didn’t know the car was salvaged, you may be a victim of consumer fraud. Call 888-595-9111 and talk to a consumer fraud lawyer for a free, no obligation consultation. You may be entitled to actual and punitive damages.

Oregon, Vehicles | Answered by: 22 | Apr 15th 2013

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A: If this is not your account and you are not an authorized user, then yes it should be deleted after you dispute with the CRAs. The level of details in the dispute letter (you should dispute in writing; not online) and the inclusion of supporting documents may determine whether your dispute is successful. However, practically speaking, it will all come down to how Dish Network responds to the investigation request they receive from the CRA’s. So, if you are able to get Dish Network to correct the social security number and then you dispute, it will mostly be deleted. If Dish does not correct the social security number, they probably will not correct the report. Of course in the latter situation, you would likely have a claim for relief pursuant to the Fair Credit Reporting Act (FCRA) which provides for damages for consumers whose FCRA rights are violated, call 888-595-9111 and talk to Attorneys For Consumers licensed in your state for a free consultation, there is no obligation.

California, Credit | Answered by: 18 | Apr 15th 2013

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A: You likely have rights under Illinois’ version of the Uniform Commercial Code and can bring a claim for “revocation of acceptance” against the seller in small claims court.

Illinois, Vehicles | Answered by: 1 | Apr 10th 2013

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A: Their actions may be in violation of the Fair Debt Collection Practices Act (“FDCPA”). The FDCPA regulates debt collection activities, and violations of your fair debt rights may entitle you to actual damages, statutory damages of up to $1,000, plus attorney fees! Call 888-595-9111 and talk to Attorneys For Consumers licensed in your state, you can get a free, no obligation case review.

Georgia, Debt | Answered by: 9 | Apr 10th 2013

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A: It sounds like your rights under the Florida Lemon Law or the Magnuson-Moss Warranty Act are being violated, and that you may be entitled to cash compensation, a refund, or a replacement vehicle. These lemon laws also require payment of your attorney fees, so getting “lemon-aid” should cost you nothing from your pocket. Call 888-595-9111 and talk to Attorneys For Consumers in your state for a free, no obligation case review.

Florida, Vehicles | Answered by: 1 | Apr 8th 2013

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A: Generally, you give consent to pull your credit report when you apply for credit, its usually in the fine print. If these entities didn’t have consent, for example, for authorized users, their actions could be in violation of the Fait Credit Reporting Act and you may be entitled to statutory and actual damages, plus attorney fees. Call 888-595-9111 and talk to Attorneys For Consumers licensed in your state, explore your rights with a free, no obligation case review.

New York, Debt | Answered by: 28 | Apr 8th 2013

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A: That doesn’t seem true, and may be a violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et. seq. If your fair debt rights are being violated, you may be entitled to actual damages, statutory damages of up to $1,000, plus attorney fees! More facts are needed to evaluate your situation, so call 888-595-9111 and talk to Attorneys For Consumers licensed in your state for a free, no obligation case review.

New Jersey, Debt | Answered by: 28 | Apr 4th 2013

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A: Perhaps, but a lot of different factors go into actual mileage, and it would be very hard to prove a misrepresentation in this regard. You may have other rights as they pertain to your vehicle, for example under state or federal lemon laws, or the Truth In Lending Act . Call Attorneys For Consumers licensed in your state for a free vehicle rights case review, 888-595-9111, learn what rights you have and how to protect yourself.

Arizona, Vehicles | Answered by: 3 | Apr 3rd 2013

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A: Your issue isn’t one of consumer law, it sounds like a basic issue of contract law, and what you did or did not agree to with your wife’s friend.

Illinois, Home | Answered by: 1 | Apr 1st 2013

A: If the recall was issued, and the vehicle wasn’t taken in to have it performed, it sounds like the owner is out of luck. If the omission was the fault of someone else, there may be a negligence claim.

Maryland, Vehicles | Apr 1st 2013

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A: You need debt help. Midland Funding and its attorneys may have violated your fair debt collection practice act rights, or other consumer financial legal rights, and you may be able to gain settlement leverage by asserting your legal rights or by having a debt settlement attorney work on your behalf. Call 888-595-9111 to speak to Attorneys For Consumers in your state for a free consultation.

Arizona, Debt | Answered by: 3 | Mar 27th 2013

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A: You may have rights under the Song-Beverly Consumer Warranty Act or the Magnuson-Moss Warranty Act, and may be entitled to return that vehicle, get a replacement or get cash compensation, plus payment of your attorney fees. Call 888-595-9111 and talk to Attorneys For Consumers in your state for a free case review, there is no obligation.

California, Vehicles | Answered by: 15 | Mar 27th 2013

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A: You may just have rights under the Telephone Consumer Protection Act (TCPA, 47 USC 227 et. seq.). The TCPA regulates certain phone calls, text messages and facsimiles and provides damages of $500.00 to $1,500.00 per instance. Take pictures of the messages and email them to pnc@AttorneysForConsumers.com for a free, no obligation TCPA case review. Or call 888-595-9111 for a free consultation today from Attorneys For Consumers licensed in your state.

California, Telemarketing | Answered by: 15 | Mar 25th 2013

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A: It is unlikely 2 third party collection companies simultaneously calling on the same account can be doing so in compliance with the Fair Debt Collection Practices Act (FDCPA) as it seems only one could have the authority to collect; it is likely one or both are misrepresenting the status of the debt as within their collection portfolio. Messages left must also strictly comply with the FDCPA, and any violation of the FDCPA, whether its a non compliant message, a third party disclosure, both or something else, may entitle you to up to $1000 in damages, plus attorney fees. If the calls came from an auto dialer and were to your cell, your Telephone Consumer Protection Act rights may have been violated, and you could be entitled to $500 per call. Call Attorneys For Consumers in your state, 888-595-9111, get a free consultation. Those voice messages could be worth money, so save them.

Pennsylvania, Debt | Answered by: 17 | Mar 21st 2013

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A: Indian tribe lenders have what is called sovereign immunity — they cannot be sued in ordinary court and don’t generally have to follow US laws or state laws. Most of the time, their threats are hollow, and until you are served with a lawsuit, you have no duty to respond to their threats. Still, its best to do business with entities that are bound by the law like the rest of us, so in the future, try dealing with another lender, but beware of payday loans. They are being banned and/or restricted in many states. For other tip and advice, call Attorneys For Consumers in your state toll free at 888-595-9111.

Iowa, Debt | Answered by: 24 | Mar 21st 2013

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A: It sounds like you have exempt funds that cannot be garnished. SSDI isn't generally garnish{and}nbsp;able, not from your check and not from your account, so long as the funds aren't commingled (mixed) with non exempt funds. If those funds were all that was in your account and were taken, your rights under the Fair Debt Collection Practices Act may have been violated and you could be entitled to statutory and actual damages. Call Attorneys For Consumers in your state for a free consultation, 888-595-9111.

Arizona, Debt | Answered by: 3 | Mar 20th 2013

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A: It sounds like your rights under a state or federal "lemon law" are being violated. Lemon laws require repairs be properly made within a reasonable number of attempts, a reasonable period of time, and/or a reasonable opportunity. If they are not, you may be entitled to a refund, replacement, or cash compensation. Call 888-595-9111 and speak to Attorneys For Consumers in your state for a free consultation. Lemon laws also provide for the payment of your attorney fees so bringing a lemon law suit can cost you nothing.

South Carolina, Vehicles | Answered by: 11 | Mar 20th 2013

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A: It sounds like your rights under state and/or federal fair debt laws are being violated. You may be able to turn the tables and sue the collectors and payday loan company. You may also qualify for debt settlement help. Call Attorneys For Consumers in your state, 888-595-9111, get a free consultation and learn your rights!

California, Debt | Answered by: 18 | Mar 19th 2013

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A: State and/or federal lemon laws may protect you, depending on the year, make, model and mileage of your vehicle. Lemon laws require repairs be made pursuant to a warranty within a reasonable opportunity, and provide compensation when that doesn't occur, including payment of your attorney fees. You may also have rights attendant to your purchase under the Truth In Lending Act, the Fair Credit Reporting Act, and the Equal Credit Opportunity Act. Call Attorneys For Consumers in your state for a free consultation, 888-595-9111.

Arizona, Debt | Answered by: 3 | Mar 19th 2013

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A: Maybe. It depends who is garnishing. Call 888-595-9111 and provide more details, Attorneys For Consumers in your state may be able to help you settle for less without a garnishment and may also be able fight that garnishment.

Utah, Debt | Answered by: 22 | Mar 18th 2013

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A: It sounds like in the interim you were sued, and a judgment entered against you. You should go to the local courthouse and get your court file. Attorneys For Consumers in your state may be able to help you settle your debt, and may be able to uncover a violation of your consumer financial legal rights. Call 888-595-9111 for a free consultation.

Texas, Debt | Answered by: 10 | Mar 18th 2013

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A: Talk to a debt settlement attorney. With attorney representation, you may be able to save you money on your balances and your monthly bills. Plus, attorneys are skilled at using consumer protection statutes to recover damages for you. Call Attorneys For Consumers licensed in your state at 888-595-9111 and get a free consultation, there is no cost or obligation.

Illinois, Debt | Answered by: 1 | Mar 15th 2013

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A: It sounds like you can! Once a judgment is entered, it's not possible to dispute and request validation IF the collection lawyer who got the judgment also collected pre-suit. But when you speak of suing in one state and garnishing in another, or being garnished in a state where you don't work, or not being served, it sounds like a possible Fair Debt Collection Practices Act violation where you may be entitled to actual damages, statutory damages, and attorneys fees Talk to Attorneys For Consumers on your state, 888-595-9111, learn your consumer financial legal rights and get a free consultation.

Wisconsin, Debt | Answered by: 24 | Mar 15th 2013

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A: You may be a victim of identity theft. Have you checked your credit report? You can get a free credit report once a year from Transunion, Experian and Equifax at the Federal Trade Commission's website annualcreditreport.com. Pull your report and then contact Attorneys For Consumers in your state for a free consultation, you may have rights and remedies under the Fair Credit Reporting Act (FCRA) which could entitle you to actual and statutory damages, plus attorney fees. Call 888-595-9111 and learn how to dispute inaccuracies on your credit report.

Texas, Debt | Answered by: 10 | Mar 14th 2013

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A: No. A debt collector must sue you in either the county you live, the county where you signed the contract, or in the case of real property, the county where that property is located. Whichever applies, more than one active suit cannot be in compliance with the Fair Debt Collection Practices Act, and you are likely entitled up sue they collector and turn the table! Attorneys For Consumers in your state can help, call 888-595-9111 and get the process started today.

Arizona, Debt | Answered by: 3 | Mar 13th 2013

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A: There aren’t enough facts provided here to know if any rights were violated. But disposable income isn’t extra income, its what’s left in a paycheck after ordinary deductions, and a bank garnishment can occur for non exempt funds or exempt funds commingled (mixed) with nonexempt funds. You may need debt settlement help, and you should contact debt help lawyers in your state, 888-595-9111 for a free consultation.

Arizona, Debt | Answered by: 3 | Mar 11th 2013

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A: "ILCS § 425/9(14) prohibits communication with the person’s employer, not their spouse, providing: Initiating or threatening to initiate communication with a debtor's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the debtor, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order. As an aside, the term “debtor” means debtor, family member, or spouse, so any prohibitions applicable to the debtor also apply to the spouse.

Iowa, Debt | Answered by: 24 | Mar 11th 2013

A: Potentially, call Attorneys For Consumers at 888-595-9111 and get a free, no obligation debt settlement review.

Arizona, Debt | Answered by: 3 | Mar 8th 2013

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A: They cannot! And it sounds like your rights under the Florida Consumer Credit Practices Act are being violated, and that you may be entitled to actual damages, statutory damages of up to $1,000, plus attorney fees! Call Attorneys For Consumers in Florida for a free case review, there is no obligation.

Florida, Debt | Answered by: 1 | Mar 8th 2013

A: Contacting your employer may be a violation of several different sections of the Fair Debt Collection Practices Act and may entitle you to actual damages should you lose your job or suffer some form of demotion at work, and statutory damages of up to $1,000 even if your job isn’t negatively affected, plus payment of your attorney fees. Section B limits how a third party (e.g., your work) can be contacted about your debt, and section C addresses how and when a third party may be told about your debt. Call 888-595-9111 and speak to Attorneys For Consumers about your rights, the consultation is free and without obligation. Click here to learn more about your rights under the FDCPA.

Florida, Debt | Answered by: 1 | Mar 8th 2013

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A: It depends on at what stage of the debt collection proceedings you are. A debt collector must validate a debt if asked to do so within 30 days of its initial communication under 15 U.S.C. 1692G (the Fair Debt Collection Practices Act, “FDCPA”). If the debt is part of a collection lawsuit against you, “discovery” should allow you to get the information you want. If a judgment has already been entered against you, then it is likely too late to get the information. Talk to Attorneys For Consumers in your state about your rights under the FDCPA or about your debt settlement options, you may be able to get that debt settled for less than you owe. The consultation is free and there is no obligation.

Illinois, Debt | Answered by: 1 | Mar 7th 2013

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A: You may have a claim under the EFTA. It is very likely that a payee, such as Vital Recovery, will deposit your checks by using the information on the check to initiate an electronic funds transfer (“EFT”) withdrawing the funds from your bank account. If a payee does initiate an EFT, it would have to get your authorization before doing so. A “consumer authorizes a one-time electronic fund transfer (in providing a check to a merchant or other payee for the MICR encoding, that is, the routing number of the financial institution, the consumer's account number and the serial number) when the consumer receives notice and goes forward with the underlying transaction.” 12 C.F.R. 1005.3(b)(2)(11). Notice must be substantially similar to the following: “When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.” Appendix A to 12 C.F.R. 1005. Here, if Vital initiated EFTs using your checking information without providing the notice required by the Electronic Fund Transfer Act (EFTA), they may be liable to you for up to $1000 of statutory damages as well as the attorneys’ fees incurred, and the costs of the action. Alternatively, if Vital provided the disclosures required by the EFTA to initiate EFTs using your checking information, you may argue that the transfers constitute “Preauthorized Electronic Funds Transfers” covered by 15 U.S.C. 1693e(a). In order to prove this, you will need to show that the transfers were electronic fund transfer authorized in advance to recur at substantially regular intervals, that require no further action by you to initiate the transfer. If you are able to show this, you may then argue that your financial institution has violated the EFTA by failing to provide notice as required by 12 C.F.R. 1005.10(a) by either providing notice to the consumer that the transfer occurred within 2 business days of the transfer occurring, providing notice to the consumer that the transfer did not occur within 2 business days after the date on which it was scheduled to occur, or providing a telephone line for the consumer to call to determine whether the transfer occurred, and disclosing the telephone number to the consumer on each periodic statement. However, even if your finance institution failed to provide notice as required by 12 C.F.R. 1005.10(a), it may escape liability if Vital provided notice, because the EFTA allows payees, like Vital, to provide notice of the transfers for the financial intuition. Alternatively, if you notified your financial institution that the final payment had not been withdrawn as scheduled, you may have a claim against your financial institution for failing to comply with the EFTA’s error resolution protocols. If a consumer notifies a financial institution of an erroneous EFT, the financial institution shall determine whether an error occurred within 10 business days of receiving a notice of error, or if unable to determine if an error occurred, provisionally re-credit the consumer’s account within 10 business days, correct the error if any within one business day after determining the error occurred, and report the results of Its investigation to the consumer within 3 business days after its completion. Here the EFT is 3 weeks late, if you contact your bank and provide them notice that enables the institution to identify your name and account number; and Indicates why you believe an error exists and includes to the extent possible the type, date, and amount of the error, the financial institution’s duty to investigate will be triggered. Then depending on how the financial institution reacts, you may have a claim. Call 888-595-9111 and talk to Attorneys For Consumers well versed in the EFTA to learn your rights. The review is at no cost and without obligation.

Arizona, Debt | Answered by: 5 | Mar 7th 2013

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A: You have the right to the attorney of your choosing, however, your attorney client agreement likely addresses compensation for services performed in the event of discharge.

Arizona, Debt | Answered by: 3 | Mar 5th 2013

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A: No attorney can ethically make guarantees, so its literally impossible to answer the question. But as the saying goes, “nothing ventured, nothing gained,” so why not simply call Attorneys For Consumers in your state, and ask about their qualifications and experience in dealing with these issues? A no obligation, free consultation is available by calling 888-595-911 now.

Arizona, Debt | Answered by: 3 | Mar 4th 2013

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A: Additional facts are required to answer, but generally, it sounds like you may have rights under The Fair Credit Billing Act - (15 U.S.C. §§ 1666-1666j) Learn more about the FCBA here

Minnesota, Credit | Answered by: 24 | Mar 4th 2013

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A: The Florida Consumer Credit Practices Protection Act (“FCCPA”) may make what the apartment complex is doing illegal. Section (5) of the FCCPA states a creditor or collector may not “[d]isclose to a person other than the debtor or her or his family information affecting the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false”, and section (14) prevents a creditor or collector from “[p]ublish[ing] or post[ing], threaten[ing] to publish or post, or cause[ing] to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts. Fax the notice you received to 866-773-6152 and let me and other Attorneys For Consumers have a look, you may be entitled to up to $1,000 plus payment of your attorney fees. Or call 888-595-9111 and get a free and no obligation consultation.

Florida, Debt | Answered by: 1 | Feb 28th 2013

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A: That is an issue of state law and civil procedure, and most states require you to have a just defense to vacate a judgment. However, having a judgment entered against you without service of process may be violation of the Fair Debt Collection Practices Act at several sections, and may entitle you to actual damages and statutory damages of up to $1,000, plus payment of your attorney fees. Call Attorneys For Consumers today about your rights at 888-595-9111, the consultation (or referral) is free and without obligation.

Virginia, Debt | Feb 28th 2013

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A: If you entered into a contract with him for the money, you may owe it. But your question is short on facts, so it is impossible to know. Call 888-595-9111 and talk to Attorneys For Consumers licensed in your state, the attorney collecting may be violating the Fair Debt Collection Practices Act and you may be entitled to damages.

Missouri, Debt | Answered by: 27 | Feb 25th 2013

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A: Old debts that are purchased by debt collectors are often referred to as "zombie debts" as they appear to have gone away and then come back to "haunt" you. Each state has its own statute of limitations on debt, the average is 6 years, you do not have to pay debt that is considered too old by your state however some states allow up to 15 years to collect a debt so its best to seek legal help to advise as to your states laws and your rights. If you are contacted by a debt collector about an old debt, remember not to admit that you owe the debt, do not agree to any payment plan as that will restart the clock on the statute of limitations which will allow the debt collection process to start over again.

Texas, Debt | Answered by: 4 | Feb 18th 2013

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A: Every contract contains an offer, an acceptance, and consideration, and has a duty of reasonableness implied in it, meaning implicit in the contract was the duty to pay your friend back within a reasonable period of time and under reasonable terms.

Pennsylvania, Debt | Answered by: 17 | Feb 18th 2013

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A: The Fair Debt Collection Practices Act (FDCPA) protects consumers by regulating the actions of debt collectors in their attempts to collect a  debt. Learn more about the FDCPA here

Texas, Debt | Answered by: 10 | Feb 12th 2013

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A: It sounds like the debt collector may be making false representations as to the character, amount, or legal status of the debt; or as to any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt in violation of section E2(a) of the Fair Debt Collection Practices Act (FDCPA). Violations of the FDCPA may entitle you to statutory damages, actual damages and attorney fees—all from the debt collector. Call 888-595-9111 and talk to Attorneys For Consumers to learn more about your rights under the FDCPA.

Hawaii, Debt | Feb 12th 2013

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A: It sounds like you need help settling that debt from Attorneys For Consumers in Arizona. Call 602-445-9819, or toll free 888-595-9111 and talk to a debt settlement lawyer today, free consultation and a great plan to help you get out of debt.

Arizona, Debt | Answered by: 3 | Feb 6th 2013

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A: It depends on the state you live in, the type of purchase (“as is” or with a “warranty” or “service contract/mechanical breakdown protection plan”), and whether you bought it from a dealer or a private party. But in the worst case scenario, you may be able to “revoke acceptance” under the state commercial code in small claims court. If you purchased it from a dealer, you may have rights under various consumer finance laws that may provide leverage for repairs. If you purchased it from a dealer, or need any sort of consumer finance legal help, call Attorneys For Consumers in your state for a free consultation, 888-595-9111

Texas, Vehicles | Answered by: 10 | Feb 6th 2013

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A: Lemon laws usually apply to low-mileage factory warranted vehicles with multiple repair attempts (there may be certain state law exceptions to this general rule, depending on many facts). You should contact your local attorney general's office or your local Better Business Bureau to see if they can help.

West Virginia, Vehicles | Feb 4th 2013

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A: It sounds like you may be a victim of consumer fraud. Most states make affirmative misrepresentations, omissions (half truths) and outright concealments actionable under the common law or a consumer fraud act/unfair and deceptive trade practice act. Most of the time, a “knew” or “should have known” standard applies to what the settle did or didn’t tell you. If you are a victim of consumer fraud, you may be entitled rescission, compensatory damages, punitive damages and even attorney fees. Call Attorneys For Consumers in your state for a free consultation, 888-595-9111.

California, Vehicles | Answered by: 15 | Feb 4th 2013

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A: Inaccurate credit reports can lead to claims for actual And statutory damages under the Fair Credit Reporting Act (FCRA). Here is an outline of actions to take when you find inaccuracies. (1) You should regularly review your credit reports. Each year, you can receive one free credit report from each of the three major reporting agencies (Experian, Equifax, and TransUnion) by visiting www.annualcreditreport.com. (2) If you find an inaccuracy, you must dispute the inaccurate information with the credit reporting agencies (e.g. Experian, Equifax, and TransUnion). Although you may also dispute with the entity that is reporting inaccurate information on your credit report, in order to invoke your FCRA rights, you must dispute directly with the credit reporting agencies. It is usually better to dispute in writing. Below are the addresses for the three major credit reporting agencies. Trans Union: PO Box 2000, Chester, PA 19022-2000 Experian: 701 Experian Pkwy, Allen, TX 75013 Equifax: PO Box 105314, Atlanta, GA 30374 (3) When drafting your dispute you must provide your full name, date of birth, andsocial security number. (4) When drafting your dispute you should state exactly what is inaccurate with the credit report and provide the account number associated with the inaccurate entry. For example, if Discover card is inaccurately reporting a credit card account, you should provide the account number displaying on your credit report. (5) When drafting your dispute, you should attach any documentation that supports your claim that the reporting is inaccurate. (6) Upon receipt of your dispute, the credit reporting agencies must respond within 30 days. It is therefore important to date your dispute letter and if possible you should send it via certified mail. a. If not, your FCRA rights may have been violated and you should visit Attorneysforconsumers.com for a free case evaluation. When there you should upload (1) all credit reports in your possession from the last two years, (2) your dispute letter to the agencies and (3) any and all supporting documentation. b. The credit reporting agencies may however inform you that they need an additional 15 days to complete the investigation. If the any credit reporting agency verifies the reporting after its investigation, your FCRA rights may have been violated and you can contact Attorneys For Consumers licensed in your state for a free evaluation by calling 888-595-9111 or visiting www.AttorneysForConsumers.com. When there you should upload (1) all credit reports in your possession from the last two years, (2) your dispute letter to the agencies and (3) any and all supporting documentation.

California, Credit | Answered by: 18 | Feb 1st 2013

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A: It depends. The Fair Debt Collection Practices Act (FDCPA) provides that “within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall” send a written communication outlining what are called the debtor’s “G” rights, one of which is the right to request validation (unless the “G” are contained in the initial communication or the consumer has paid the debt, but even then, the consumer has 30 days from the initial communication). However, lawsuits are not “initial communication(s)” under the FDCPA, so assuming you didn’t receive any written communication prior to the lawsuit, you have 30 days from the date you do receive it. If you did receive an “initial communication” prior to being sued, its likely too late to dispute. Regardless, under Texas Finance Code section 392.202, if a person sends a letter to a debt collector that disputes the accuracy of the debt, then the debt collector is required to cease collection efforts until it takes certain steps. Specifically, the debt collector has 30 days to investigate the dispute and send the person a written statement that either denies the inaccuracy, admits the inaccuracy, or states that it needs more time to complete investigation of the inaccuracy. If they fail to send the person this written notice, they may be in violation of the law. It would be smart to go over the specific facts of your situation with Attorneys For Consumers licensed in your state. You may have valid claims to offset the amount you owe, may be able to have that suit dismissed, and/or may be able to settle the debt for less than you owe. Call 888-595-9111 for a free no obligation consultation.

Texas, Debt | Answered by: 10 | Feb 1st 2013

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A: Your state may have a landlord tenant law that applies to your situation, call your local county bar association or the California Department of Consumer Affairs (800) 952-5210 and see if they can help.

California, Home | Answered by: 15 | Jan 31st 2013

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A: It is likely too late to vacate the judgment, and it sounds like you might need the help of Consumer Law Laywers in your state to assist you in settling that debt for less than you owe. You may also have claims for relief under the Fair Debt Collection Practices Act, which may provide settlement leverage. Call 888-595-9111 for a free consultation or nationwide referral.

New York, Debt | Answered by: 28 | Jan 30th 2013

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A: There are facts missing that are required to understand your rights, but that story is not likely to be true. If it isn’t true, your Fair Debt rights, and possibly other rights, may be in the process of being violated. Call 888-595-911 to provide more information, and learn how Attorneys For Consumers in your state may be able to enforce your consumer protection rights and help you settle your debts for less than you owe. The consultation is free and the representation may be as well.

Iowa, Debt | Answered by: 24 | Jan 18th 2013

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A: You are required to receive what is called an “initial dun letter” within 5 days of the first communication with a debt collector according to the Fair Debt Collection Practices Act (FDCPA) at section g. The letter must state the following: (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. The failure to send you such a letter is a violation of the FDCPA and may entitle you to up to $1,000 in statutory damages, plus any actual damages suffered, plus attorney fees. For help fighting a debt collector who uses illegal tactics, or help settling the alleged debt for less than you owe, or both, call 888-595-9111 and speak to Attorneys For Consumers in your state, the consultation is free and without obligation.

California, Debt | Answered by: 18 | Jan 17th 2013

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A: It sounds like you have a negligence claim against the dealer, not a right to a refund. Call a local attorney.

New Jersey, Vehicles | Answered by: 28 | Jan 17th 2013

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A: All things equal, lenders have the right to seek a co-signer whether is a wife or somebody else.

West Virginia, Credit | Jan 16th 2013

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A: Your rights under both the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Protection Act may be violated by these actions. Violations of these statutes may entitle you to $1,000 in statutory damages, plus actual damages, plus attorney fees. You rights under other federal statutes are also possibly being violated by these acts. Call 888-595-9111 for a free consultation, there are Attorneys For Consumers in Florida who want to help.

Florida, Debt | Answered by: 1 | Jan 16th 2013

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A: He needs to return the product, but is entitled to return of his down payment, absent perhaps a mileage offset if that was provided for in the sales contract. If he doesn't get his full down payment back, call 888-595-9111 and talk to an attorney. Further, he may have rights related to his credit denial, including claims under the Equal Credit Opportunity Act and Fair Credit Reporting Act. Make sure he gets a complete copy of his deal file, and then have him get a free attorney consult as to his rights.

Texas, Vehicles | Answered by: 10 | Jan 7th 2013

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A: The Fair Debt Collection Practices Act (“FDCPA”) requires, amongst other things, a debt collector cease communications with you (except for 3 very limited purposes) upon receipt of written correspondence from you demanding the same. The FDCPA doesn’t specify the manner in which you must deliver your written request, so U.S. Mail, facsimile, E-mail or hand delivery are all acceptable methods. If your letter came back undeliverable, and you know another method of contact (e.g., facsimile), by all means send it that way. Should the collector improperly contact you after you send the letter, you may be entitled to $1,000.00, or more, under the FDCPA. Call 888 595 9111 to talk to a debt help lawyer about your options, the consultation is free and if a lawyer can help you, it is at no cost to you because the FDCPA provides for payment of your legal fees. Why do it yourself when professional help may be available at no cost to you?

Texas, Debt | Answered by: 10 | Dec 28th 2012

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A: It sounds like your insurance company may be acting in “bad faith.” Most jurisdictions impose upon insurance companies a duty of “good faith and fair dealing” to their insured. Where an insurance company violates this duty, the policyholder can usually bring both tort and breach of contract claims.More information is required to make further suggestions, so you should contact an attorney.

Arizona, Health and the Environment | Answered by: 3 | Dec 18th 2012

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A: You may have rights under a state or federal “lemon law,” the federal Truth in Lending Act (“TILA”), and/or state uniform commercial code depending on the year, make and model of your vehicle and whom you purchased the vehicle from (for example, a car dealer or a private party).Lemons laws require defects be cured within a reasonable number of attempts/reasonable opportunity and the uniform commercial code permits buyers to “revoke acceptance” of non-conforming products within a reasonable amount of time after purchase. The Truth In Lending Act requires Creditors to give consumers specific disclosures regarding the cost of the credit extended to them in a written form that the consumer may keep, and that many states’ Motor Vehicle Retail installment Sales acts also require creditors to give consumers copies of vehicle purchase documents. If a creditor did not provide you these documents, you may send the creditor a letter requesting that they send you a copy of your purchase documents.You may want to call Attorneys for Consumers at 888-595-9111 for a free no obligation consultation or lawyer referral. You may be entitled to cash compensation or a refund or replacement under a “lemon law,” a refund under the uniform commercial code, and/or statutory and actual damages under TILA. Your attorney fees may also be recoverable from the opposing side, so getting help could cost you nothing.

Vehicles | Dec 18th 2012

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A: Wage garnishments are regulated by state and federal law. The amount that can be garnished must be within these limits. If more than the legally permissible amount of money is being garnished, your Fair Debt Collection Practices Act rights may be violated. Additionally, the garnishment may be causing you additional financial harm, such that talking to a debt help lawyer may be of great assistance. Call 888-595-9111 for a free consultation or lawyer referral, there is no obligation.

Arizona, Banking | Answered by: 3 | Dec 12th 2012

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A: You always have a statutory right to request that Corelogic investigate this entry. However, most likely Corelogic is getting this information from the public record and not from your landlord. If that is the case, unfortunately as it stands now it would be reporting accurately. The only way to get that removed would be to some how get the Court that entered the eviction to overturn the eviction. But getting the eviction overturned will not be easy. If you get it overturned, you then could request Corelogic to investigate the entry and they should remove it. If they don’t remove it, and you were able to get the eviction overturned, then you would have a claim against Corelogic for violations of the Fair Credit Reporting Act. Call 888-595-9111 to learn your rights under the Act, and for other valuable consumer financial laws information. The consultation is free and without obligation.

Illinois, Home | Answered by: 3 | Dec 11th 2012

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A: The laws regarding gym memberships and other club memberships vary from state to state. If your gym violated the terms of the agreement under any of the Unfair Deceptive Trade Practice Acts in your state, or any other applicable federal laws, a fair debt lawyer may be able to assist in evaluating your rights regarding these collection calls and advise as to remedies available.

California, Debt | Answered by: 15 | Oct 30th 2012

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A: If the car is out of the warranty period and the problems began after that time, you will probably be unable to get the dealer to repair the vehicle at their expense. Thus the repairs to your vehicle will need to be paid for out of pocket by you.

Florida, Vehicles | Answered by: 1 | Oct 30th 2012

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A: Your rights are determined by the laws in the state where the accident occurred or where the Walmart is located. Other factors that would determine liability on the part of the store include how long the spill was on the floor before you fell, whether or not a store employee had been notified of the spill's presence prior to your slip and fall and whether or not there was any negligence on the part of the store owner. The location of the spill in relation to displays may also be relevant to your potential claim or case. A personal injury attorney licensed in your state would be able to advise of your rights as each case is unique.

Arizona, Health and the Environment | Answered by: 3 | Oct 24th 2012

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A: A joint bank account that is held by a husband and wife can be levied and garnished by a debt collector or collection agency but only after a lawsuit has been filed and won by the collector and a judgment has been issued against you in court. The court orders the garnishment of the joint account. Certain exceptions may apply depending upon state laws and you must have been served with a notice of their lawsuit prior to any garnishment, a right provided by the federal Fair Debt Collection Practices Act.

Arizona, Debt | Answered by: 3 | Oct 10th 2012

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A: A loan modification, or a renegotiation of the terms of your mortgage, could probably help you if you are having trouble making your monthly mortgage payments however since you mention difficulty with other bills as well there are many factors that need to be considered before advising you as to how to proceed. You mention loss of income, but do you still have income coming in and if so, will you be able to continue make payments even at a reduced amount? In some cases there may be other debt help options available to help relieve your burden. Contact a debt help attorney for a free financial consultation and review.

Florida, Home | Answered by: 1 | Oct 8th 2012

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A: An unauthorized charge on your credit card could be an outright mistake by the credit card company for any number of reasons or could possibly be an effort by an identity thief to obtain other personal information for fraudulent purchases and acts. The first step is to contact your credit card company to get additional information regarding the charges. Typically, the credit card company will put in a dispute for these unauthorized charges which is followed by an investigation. If the charges are found to be fraudulent, you will receive a credit to your account and often, a new credit card will be issued to prevent any further fraud attempts. Continue to keep a close watch on any other credit card accounts you may have and your bank statements to be sure there are no other instances of fraudulent charges.

Ohio, Credit | Answered by: 23 | Oct 8th 2012

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A: The first step is to document and maintain all paper work related to your rental right from the initial walk through. When you do the initial walk through, make sure you take pictures and note anything that might be considered less than perfect or what is represented as such in the lease. Once you have documented the condition of the apartment in writing and with photos, review with your landlord and have him/her sign to confirm agreement with the current condition before actually signing the lease itself. Maintain accurate records of all requests you’ve made to repair anything that needs fixing during the term of your lease. When the time comes for move out, you will want to take photos of the move out condition and compare to those you took before move in. The goal is to have the before and after look as close to the same as possible in an effort to get every dime of your security returned after you move out and avoid any disputes.

Illinois, Home | Answered by: 3 | Oct 5th 2012

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A: Debt settlement and debt consolidation are not the same. Debt consolidation is a process whereby various debts are rolled together or combined into one amount to enable a lender to make a single, lower payment to a one company rather than many payments to a variety of different lenders. The objective is to obtain a lower interest rate for all of these payments together and thus cut down on the amount of interest that may accrue over time, however the amount of the total debt itself is not reduced by debt consolidation.Debt settlement is a process that allows a company or law firm to negotiate with your lenders/creditors on your behalf in an effort to lower the total amount of debt overall. The goal is to reduce your payments and the amount of time it will take to pay off all of your debt. In addition to creditors and lenders a debt settlement firm will also negotiate with collection agencies and debt collectors and during this process a collector may not contact you once contacted by your debt settlement solution provider.

Wyoming, Debt | Oct 5th 2012

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A: A debt collector is not allowed to contact you at work once you have requested they cease calling you at your work place. Make certain to document all information regarding your request, including the name of the collection agency calling, the name of the person you spoke to, and the date and time of your request. It is most important to keep accurate records of all your contact with a collection agency as if they do continue to call you at work in spite of your request to stop, they are in violation of the Fair Debt Collection Practices Act and you could be entitled to damages. If this has already occurred, contact a fair debt lawyer who can advise of your rights and the next steps to take.

California, Debt | Answered by: 15 | Oct 5th 2012

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