Gabriel Cheong's Answers

Gabriel Cheong
Quincy Divorce / Separation Lawyer.
Contributor Level 15

1

Attorney answers:

  1. Gabriel Cheong

Under PA debt collection laws can a credit card company try and collect on a 7 year old debt

Asked by a user in Dickson City, PA - over 3 years ago.

Note that I am not licensed to practice in your state. The statute of limitation for debt collections in PA is 4 years. If in 4 years, you have not made a payment or promised to make a payment and they have not gotten a judgment against you, then you legally am not obligated to pay on that debt after the statutory period.

22 people marked this answer as helpful

4

Attorney answers:

  1. Gabriel Cheong
  2. Henry Lebensbaum
  3. Jessica Ann Foley

How long after a divorce can one remarry

Asked by a user in Cambridge, MA - over 3 years ago.

When the divorce is finalized, then you can legally re-marry. The divorce is not finalized at the final hearing date however. You must wait either 90 days or 120 days depending on whether your divorce was contested or uncontested. The judgment of divorce nisi should tell you the date that it becomes effective.

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3

Attorney answers:

  1. Gabriel Cheong
  2. Jeffrey Nathan Wishman
  3. Lesley Abigail Hoenig

Will filing for bankruptcy affect my 401k

Asked by a user in Orlando, FL - over 3 years ago.

No you should not be taking out that loan money. You should listen to your bankruptcy attorney on this point. When you file for bankruptcy, they will make you pay back your creditors will available funds that you have. However, retirement accounts are safe from bankruptcy seizures. So if you take out money from your retirement account, even if you use it to pay off student loans, they can seize that money and force you to give them the money instead. They can void any transactions. Even...

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3

Attorney answers:

  1. Gabriel Cheong
  2. E. Alexandra Golden
  3. Elizabeth Taylor Herd

Settlement of credit card balances for deceased person in MA

Asked by a user in East Taunton, MA - almost 4 years ago.

If the credit cards were in the deceased individual's sole name and his estate has no residual funds to pay for those cards, then there is nothing the credit card companies can do or will do. Those balances fall away. If the credit cards of the deceased individual was jointly held with either a spouse or some other person, then the joint card holder has the responsibility to pay for the bill. Beneficiaries or heirs of the deceased person do not have an obligation to pay those bills.

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2

Attorney answers:

  1. Gabriel Cheong
  2. Bruce Givner

What is the federal gift tax and how does it work

Asked by a user in Gainesville, VA - over 3 years ago.

The federal gift tax requires you to file a gift tax return in the year that you give any one individual more than the allowed amount ($12,000 this year). You can give $12,000 per person, per year. If you give more than $12,000 to any one person, then you file a gift tax return but you don't pay anything. The "tax" that you pay is actually deducted off your lifetime exemption of $1M. The beneficiary of your gifts do not have to pay any tax.

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2

Attorney answers:

  1. Gabriel Cheong
  2. Margery Ellen Golant

Can creditors garnish social security disability income

Asked by a user in Bremerton, WA - over 3 years ago.

Note that I am not licensed to practice in your state. I will answer your creditor question at the end of this post but I want you to consider another issue. If your SSDI is not sustaining you and you are now living off of credit cards, is this really a sustainable option for you? Instead of simply going with a debt counselor, you need to re-evaluate your whole living situation and standard of living. Do you currently own a home? If so and if you stay in that home but can't afford to...

10 people marked this answer as helpful

2

Attorney answers:

  1. Gabriel Cheong
  2. Henry Lebensbaum

My boyfriend lives with me and was just notified he is the father of a 3 year old. If paternity is proven do I need to worry

Asked by a user in Lynn, MA - about 3 years ago.

You, as the girlfriend has nothing to worry about in terms of the court. There might, of course, be consequences to your relationship if he does prove to be the father. A paternity summons can be left at the door. What he needs to do now is answer it and submit himself to a paternity test. If it shows he's the father, then he'll have to pay child support. If he's not the father, then that's the end of the case.

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4

Attorney answers:

  1. Gabriel Cheong
  2. Susan E. Hanna
  3. E. Alexandra Golden
  4. Justin Lee Kelsey

How long after a divorce can 1 remarry in ma

Asked by a user in Springfield, MA - over 1 year ago.

Let me clarify a little - you have to wait 120 days after the Final Hearing if it's an uncontested (1A) divorce. You wait 90 days after the Final hearing or issuance of the judgment if its a contested (1B) divorce.

2 lawyers agreed with this answer

2 people marked this answer as helpful

2

Attorney answers:

  1. Margery Ellen Golant
  2. Gabriel Cheong

Is there a statute of limitations on collecting a credit card debt

Asked by a user in Saint Joseph, MO - over 3 years ago.

Note that I am not licensed to practice in your state. This is not intended as legal advice. Please check with an attorney in your state. MO's statute of limitations on open accounts is 5 years. If during those five years, you did not pay, promise to pay, or they did not sue you and get a judgment against you, then they cannot now sue you and get a judgment against you. That does not mean that they will stop calling you to collect however. If they do, then you must write them a letter...

9 people marked this answer as helpful

2

Attorney answers:

  1. Gabriel Cheong
  2. E. Alexandra Golden

Can my child opt for child support rather than social security disability income from his father

Asked by a user in Charlestown, MA - over 3 years ago.

You can always TRY to bring a motion in front of the court to ask. However, the court will rule what is in the best interest of the child. Purposely getting less money for your child is not, in my opinion, in the best interest of the child.

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