Category Archives: Credit, Debt and Collections Law

All creditors and credit collection agencies are governed by the Fair Debt Collection Practices Act. This act prohibits underhanded and abusive tactics in order to collect a debt. Prohibited acts include calling a person at their workplace, contacting a debtor outside the hours of 8 am to 9pm and failing to cease phone calls upon request.

paying back reposession debt I had a car repossessed in 1996.

Posted on by

paying back reposession debt
I had a car repossessed in 1996. I bought it for around $9,000 and it was still in top condition when repossessed. The Law Firm Hosto $ Buchan, PLLC, has begun garnishing my check for the amount they say I owe which is now around $13,000. I was told by a CPA that they can only garnish my check for the difference of what I owed and what the car was later sold for. The car was sold at auction, according the the law firm. They won’t give me any help and said there is nothing I can do about it. What are my options? How can I get the legal documentation showing the amount I owed the company at the time of reposession and the bill of sale for when they sold the car at auction? I told the firm I am at a point in my life where I want to pay off my debts but I only want to pay for what I truly owe. I thought about filing a chapter 7 in order to cancel the garnishment but I feel the attorney fees for that would cost just as much as what I actually owe on the debt. I have already paid around $1,300 through the garnishment. I can’t even work overtime because they just get more money.

Thank you,
Adrian

tow company wants money My son who is now 19 sold a car in November 2002 for…

Posted on by

tow company wants money
My son who is now 19 sold a car in November 2002 for $200. The car had not been registered for about 6 months before that. In July 2003, he recieved a letter from a tow company stating he owed $4919 for towing and storage. It appears the people that bought the car broke down and left it on the side of the road. The title was signed over to the new owners, but he can not locate the bill of sale. I spoke with the tow company owner and he told me not to worry about it. Now he recieved a letter from a collection agency saying this will be reported to a credit agency, he will lose his liscence and there will be a warrant placed for his arrest if he does not pay within 10 days. Please help us out, I don’t want to see the kid go through all this trouble when he never did anything wrong. The car was a clunker and it obviously is just a way for this tow company to get a lot of money for doing nothing. The collection agency will not return my calls. Thanking you in advance for any and all suggestions.

I sold a car to a friend of a friend ( I know, stupid) She was supposed to pay…

Posted on by

I sold a car to a friend of a friend ( I know, stupid) She was supposed to pay $2500. After we switched the titles over she said she had to go to the bank for money, then only gave me $900. She said she told her friend that was the agreement ($900 now and then monthly payments). She never talked to me about it. It was miscommunication and my fault. I’ve never sold a car before. We made up a promissory note with payments and she missed the first payment. Now she moved to another city and told her friend she wasn’t going to pay me the rest. There’s another big mistake on my part. When we switched the titles and did the bill of sale we did it with $900 as the sale price. But I do have the promissory note. Is there anything I can do?

Being Sued Over Stolen Propery OK, I had a vehicle for sale on the internet, a…

Posted on by

Being Sued Over Stolen Propery
OK, I had a vehicle for sale on the internet, a person came to me wanting to trade for an ATV, I researched it and saw that I could make a little profit off the ATV. We made the trade, I signed over the title to the car, and A bill of sale was written and notorized for the ATV. I took the ATV to a local Dealership and sold it, they took the ATV and I took a check. Well the person that traded me the ATV neglected to tell me the ATV was stolen. The Police took the ATV. Now the dealership is sueing me saying that I knowingly sold them a stolen ATV when I had no idea it was stolen. So basically Im out a car an ATV and about to be out $2650.00. I was told there is a Law called Bona Fide Purchase for Value, is this true, and does it apply to me, and is there anything I can do about this? Im leaving for the Military in september and I dont believe I should be Responsible for the ATV since I traded and sold it in good faith. Please any advice would be greatly appreciated, Im between a rock and a hard place, and if this goes through this could keep me from pursuing my Military career. Thank you Again for any Help.