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lwpat, Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 25384
Experience:  35 years of business experience and a practicing attorney.
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A company has purchased an old loan of mine. I went to court

Resolved Question:

A company has purchased an old loan of mine. I went to court and the judge dissolved the garnishment of my wages. but the firm will not return the funds and the informed me that they don't if I was improperly served they just going to go and start the garnishment again without nogationing with me. they never served me. Never gave a chance to work things out. They are garnishing about $600.00 from me a month an they don't care. What are my options they put a lean on my house, so I they have tied my hand to pay them in full and they have created a hardship for me. My salary and my VA Benefits are all I have to live off of. I have no credit cards. I just have my monthly income and va befits. I really need to know where to start. Thank you for any advice you can give. Terinia
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  lwpat replied 2 years ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

I am sorry to hear of your situation. What is your state and when is the last time you actually made a payment on the loan not including the amount that was garnished in the order the judge set aside. Is this a credit card or what type of loan. Thanks
Customer: replied 2 years ago.

My state is Florida. From what info I have this is a loan. I was using consumer credit counseling to pay off my debts, but the credit companys told me they were not getting paid so I'm not sure of the balance. It is a citifinancal .I had a fire so I dont know the loan balance

Expert:  lwpat replied 2 years ago.
It appears that what you need to do is to request validation of the loan including the amount owed and the last payment that was made. That should have been in the complaint they filed with the court in the case that was set aside. To do so send them a certified letter and ask for the following information to validate the debt

What the loan you say I owe is for;
Provide how you calculated what you say I owe;
Provide a copy of the loan documents
Identify the original creditor;
Prove the Statute of Limitations has not expired
If a debt collector, show me that you are licensed to collect in my state and furnish your license numbers and Registered Agent.

You are entitled to all of that information per the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b)

It is likely that the statute of limitations is past and that is an absolute defense. If they sue you again, be sure to answer with the statute of limitations as your defense.

The statute of limitations on a written contract in the state of Florida is 5 years from the date you last made a payment.
Customer: replied 2 years ago.

I want to say thank you for giving me a place to start no matter the out come. I there anyway you can email your response to me so I can go back and reflect on my response when they come after me. I would need it for home work purposes. Thank So Much They have been so mean to me. And want to tack on more atty fee charges. I've called and they speaking to me and saying they can do whatever.

Expert:  lwpat replied 2 years ago.
They will tell you anything to get you to send them a payment which restarts the statute of limitations. In other words they will lie to you. good luck and a positive rating is really appreciated
lwpat, Attorney at Law
Satisfied Customers: 25384
Experience: 35 years of business experience and a practicing attorney.
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