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Recent Debt Collection questions

I have a legal question in regards to a debt, Florida, Not

HelloJA: Hello. How can we be of help?Customer: I have a legal question in regards ***** ***** debtJA: What state are you in? It matters because laws vary by location.Customer: FloridaJA: Has anything been filed or reported?Customer: Not yet...JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, what happened is that I was a partner on a LLC in New Mexico, at that time I contracted the services of a company called Incorp to serve as Registered Agents, but later I have sold my shares (around 4 yrs ago), but they are still billing me besides I've not longet anything to do with the Company, but they are trying to held me liable for all the fees incurred all these years since they say that I've had to cancel before leaving the company, or have made the switch under a new responsible party.JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: But I don't think this is legal, since this is a Business debt, and since I've sold my shares and I don't have anything to do since then with the business, and if nobody sent in a payment to them anymore, they have to dropped from being a RA and not continuing with a service that is not longer being paid.

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Richard - Bizlaw

Juris Doctor

11,510 satisfied customers
Ray, I found this on Amended pleadings? Can you explain this

Hey Ray,I found this on Amended pleadings? Can you explain this to me:(c) Relation back of amendments. Whenever the claim or defense asserted in the amended pleading arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.

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RayAnswers

Lawyer

Doctoral Degree

42,864 satisfied customers
I am a small business going out of business. My Credit card

I am a small business going out of business. My Credit card company with not work with me. The say I must close out my bank account and have my bank send them a letter on letterhead saying I have closed or I must pay them $495. I have been with them almost 2 years and at the time the person who signed me up said if I had to go out of business there would not be a problem.The reason I can't close my account is I am a consignment store and I will be sending December consignors their money and I will have to wait for the checks to clear. I want to do the right thing, but they will not listen to me.What should I do? I know this is a very little matter, but if you could just lead me to someone who could tell me what to do I would appreciate it.Thank you for your time.Beverlee Melban

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INFOLAWYER

Attorney

Juris Doctor.

42,522 satisfied customers
Law Educator, Esq ONLY. ( This the regular ) This is related

Law Educator, Esq ONLY.( This the regular )This is related to last question on motion to vacate,.Should I (A) narate the history of the case, (B)Then the law and then (3) discusion in which I will argue(1) fraud, shoud I argue that because of the Fraudulent act that the plaintiff (1) committed Fraud Tort and in violation of 2005 Connecticut Code -Sec. 53a-155(a) (1)(2) (2), that the plaintiff's Fraudulent behavior violates the Connecticut unfair trade practice act, c.g.s. sec. 42-110(b)? also that the plaintiff's attorney is in violation of Fair Debt Collection Practices Act § 807(2)A&B(10), for conspiring with the plaintiff to commit fraud by uttering the invoices, fabricating new invoices, Falsifying entries and knowingly misrepresenting them to court as true defendant's invoices to deceive the Court to win judgment for his clients .ORafter introduction I should just go straight to Faud and argue the new evidences?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,788 satisfied customers
LAW EDUCATOR ESQ. ONLY (This is the regular with second

LAW EDUCATOR ESQ. ONLY(This is the regular with second appeal and other cases)Let me refresh your memory on the history of this case that branches out to several cases before I ask this question on this new motion that I am starting. I can not go too far back because it has been going on for 8 years.(1) Judment was given to the plaintiff on the initial case. (2) I filed my first appeal on that judgment (3) The appeal was on the plaintiff's favor. Appellate court based their decision on Counterclaim that was not the issue on appeal and does not have Fraud issue that was my issue on appeal. (4) Plaintiff filed motions for his attorney to be paid fees (5) During that argument I discovered more fraud commited by plaintiff and his attorney. I found pages that were fabricated and new invoices created with false entries to decieve the Court that I actually was given those invoices and that plaintiff did the work he did not do. There are clear evidences of this fraud as the invoices the plaintiff originally falsified were filed at the Superior court during pre trial, The invoices the plaintiff and the attorney used to win the case were different. There were more invoices with new fabricated pages with false entries, new dates and more. These new evidences were presented during argument for the Counsel fees. (6) judgment was given to plaintiff on the counsel fees. More evidences of fraud expecially the full new page fabricated and used to create new invoice was discoved after the judgment on the Counsel fees. (7) You adviced that I file motion to vacate and reconsideration, which I did. Judgment was given to plaintiff on that. the judge stated that I was argueing the issues that was already decided on plaintiff's favor on appeal, ignoring the newly discovered fraud Tort and palintiff's attoeney's violation of fair debt collections practice acts for conspirig with the plaintiff to fabricate invoices falsified entries and knowingly misreresenting them to Court as my actual invoices to win judgment for him and his client. (8) I filed my second appeal which is now pending. the Court Gave 3 months extention of time to the plaintiff to file their brief. (9) The plaintiff filed foreclosure complaint on the judgment on appeal. I filed a motion to strike and the order was that the foreclosure action is stayed until the determination of the appeal on the second Count which is the attorney fees judgment.You adviced me to file a motion to vacate the original judgment which is the Count one of the foreclosure case due to the newly discovered Fraud. I remember asking if I can still file a motion to vacate the judgment that already went through appeal and you aswered yes. Now that I am done with my brief on the other judgment on appeal I am ready to write the motion.My first question on this motion is what should the title of this motion be, should it be (1) motion to vacate and reconsideration (2) Motion to vacate judgment (3) Motion to reopen and vacate judgment or what should it be? and what is your advice on how to go about this motion?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,788 satisfied customers
I have been engaged in litigation with a public traded bank

I have been engaged in litigation with a public traded bank who fraudulently obtained a Preliminary Injunction over 6 years ago. The PI is solely used as a tool of extortion and punishment. ( to long to explain) it prevents me from selling or refinancing my office rental real estate asset. A seperate bank holding the mortgage that just matured refuses to refinance and will commence foreclosure soon. I have always serviced the loan accordigly and I have been making good faith interest payments while trying to get the PI lifted.I don't want go the bankruptcy route. I have requested an extension but the bank refused. Any suggestions?

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Richard - Bizlaw

Juris Doctor

11,510 satisfied customers
Last month, I sued a collection agency in Small Claims Court

Last month, I sued a collection agency in Small Claims Court for violation of the Rosenthal Fair Debt Collection Practices Act.The agency was collecting on medical bill paid in full by my health insurance company.I was reworded $1,000.00 for violation of the FDCPA and $1,000.00 Compensatory Damages for emotional distress.Last week the collection agency posted on my credit report that I owe the $1,250.00 which I proved in court that is paid in full by my health insurance company.I also received a collection letter for the $1,250.00.I spoke to the Small Claims Court clerk and she said I will have to file the form SC-105 “Request for Court Order and Answer” and ask for declaratory relief.My question is,1. what should I specify in the section no 3 of the form SC-105, which stipulates “I ask the court to make the following order”2. what should I specify in the section no 4 of the form SC-105, which stipulates “I ask for this order because”All I want is that the collection agency will stop collecting on the paid bill, will stop contacting me and to make sure that no this agency or any other collection agency will post the $250 bill as account in collection on my credit report or start new collection over again.Thank you

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,788 satisfied customers
Doug, We have not been served papers but have received a

Hello Doug,We have not been served papers but have received a call from a company claiming to be coming tomorrow for "asset and liability" process. It is my understanding i do not have to allow them to enter the business w/out legal serving. is this correct?

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LawTalk

Attorney at Law

Juris Doctor

37,258 satisfied customers
I borrowed a family member $5,000 about 25 years ago. I

I borrowed a family member $5,000 about 25 years ago. I threw out the records I had kept because I thought I would never collect this debt. He is about to win a lawsuit. Is there a way I can claim this money from him?

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Loren

Juris Doctor

43,816 satisfied customers
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