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Marvin Wolf
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Marvin Wolf’s Answers

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  • New Jersey Special Civil Part - "Collecting A Money Judgment" - Landlord Tenant Court

    Am I able to file for an Execution Against Wages (Garnishing Debtor's Salary) within 45 days of obtaining a judgment for possession for rent not paid, or is there a step in-between, like filing in Small Claims Court first? The written instruc...

    Marvin’s Answer

    Generally speaking, a judgement for possession gets you possession - a right to evict through the sheriff - but not money. A separate suit in civil court is necessary to get money. Depending on the amount you go to Special Civil Part or Small Claims Court (a subdivision of Special Civil Part). Once tenant is out, inspect for damages. Generally, give advance written notice to tenant you will be subtracting from security deposit and if this does not make you whole, you can sue for the rest. Look up the Security Deposit Law, N.J.S.A. 46:8-19 et seq. to see the requirements. Of course, this sometimes opens up a countersuit for money, claiming you didn't handle the security deposit right.

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  • What options do I have, I am on a fixed income. Was told I have 2 give them an answer today.

    I'm being harassed & threatened by debt collector who bought debt as a third party. I signed for a security system with vivinit in 2011. After reading contract decided I needed 2 cancel, however, trying several times received no a answer. Talked 2...

    Marvin’s Answer

    This is not legal advice, but a friendly warning. It may not be this company at all but an imposter. Google suggests there is a scam using their name. You might even be able to file a criminal complaint, as it may be a door to door scam against the elderly. If they threaten to arrest you, you will know it is a scam. A consumer lawyer might sue them, but he'd have to find them first - they may not really exist. If they show at your door, do not let them in. If you are on a target list, you might be subject to other scams too. You did not win any lottery, or home improvement service, or a free trip. Here's contact info:

    Bureau of Consumer Protection

    The Office of Attorney General’s Bureau of Consumer Protection will investigate any consumer complaint and attempt to mediate and correct the problem for you. For example, if you are unhappy with a purchase and the company refuses to consider your complaint, you should contact the Bureau of Consumer Protection.

    Eligibility: All Pennsylvania residents

    Contact:

    Office of the Attorney General
    Bureau of Consumer Protection
    14th Floor, Strawberry Square
    Harrisburg, PA 17120
    717-787-9707 or 1-800-441-2555
    FAX: 717-787-1190
    consumers@attorneygeneral.gov

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  • Account in Judgement,says closed has balance says charged off bad credit profit and loss write off , What does this mean

    2 accounts went into judgement. 1 in 2013 the other in 2014. I have been unemployed so unable to pay. The one that was from 2014 says open and still shows up in current open collections with collection agency who filed suit. The one from 2013 from...

    Marvin’s Answer

    Generally, a charge off is usually followed by a sale to a third party debt collector, and sometimes a 1099 tax form listing it as income to you. This could lead to new collection efforts, even a new lawsuit, and opportunities for you for FDCPA violation cases against .the collectors. Or they will sit on the judgment and let interest accumulate, and then one day suddenly freeze a bank account. It's just an accounting treatment and a recent case has held that chargeoffs can even be reversed in bankruptcy proofs of claim. The debts are still collectible despite the confusing word "closed". - they closed it because they sold it to someone else who reopened it. The new buyer is sometimes listed elsewhere on the credit report.

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  • Is the attorney supposed to check the record for unknown bills and liens in a bankruptcy?

    I hired an attorney to handle my bankruptcy. Everything went OK until I received a summons after the discharge to appear in court because a home owner's association had put a lien on my house for a bill that was already paid. I have the receipt an...

    Marvin’s Answer

    • Selected as best answer

    Generally speaking, some liens may not show up in a credit report, perhaps very recent, or filed after you ran the report There are also many types of bills and debts that may not show up on a credit report, so the onus is on you to provide all information to the attorney as no one knows your case better than you do. If the HOA made a mistake, it is their responsibility to correct it and release the lien. Of course, HOA's add all sorts of high late fees, fines and attorney fees on late bills, so it may be your check didn't fully cover the debt. I suspect the HOA didn't send you an updated bill because you were in bankruptcy and they were stopped by the automatic stay from sending you one (but the late fees might continue to accrue), so how would the lawyer know? You didn't say if the lien was dated pre or post bankruptcy or the type of bankruptcy you filed. This is not just lawyers defending other lawyers - my spider sense is telling me there is a fact you left out - not on purpose - but there may be something you don't know and need to ask the HOA further questions. They might be right. Ask them for a full account history, and compare with your records carefully.

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  • Do you have any rights as a creditor if the person in debt lies during their bankruptcy hearing

    We have a judgment against a former tenant who claimed bankruptcy chapter 7 a week after the judgment was issued. The former tenant lied during her bankruptcy hearing and never claimed or told her bankruptcy lawyer that she inherited $4000. The ...

    Marvin’s Answer

    Generally speaking, deliberate concealment of assets is both a bankruptcy crime and grounds for denial of the bankruptcy discharge from all creditors, not simply your claims. However, as a practical matter, omission of the asset could cause a trustee to make a claim against the debtor for turnover of the money as a non-exempt asset. Not as legal advice, but that he put the burden on you suggests he may choose to not go after it. An adversary proceeding would be to make your specific debt nondischargeable, not to give you a direct claim against the inheritance, and would usually require proving deliberate, malicious and fraudulent behavior, which may not be easy or cost-effective to prove (unless it specifically said so in the language of the state court judgment), especially on an hourly billed basis. You can complain to the Office of the US Trustee, if you wish, although they won't fight for your claim, only possibly move for discharge to be denied (in which case all the debts are once again fair game), or forward to the US Attorney for possible criminal action (which is somewhat rare). I've seen far worse behavior than this ignored, and lesser behavior pursued. Still, this is the jurisdiction that had the Real Housewife case, so you never know. If the trustee posts a notice of assets to the creditors, that will mean he is going after the 4K for all the creditors. After his own fees, there might not be very much left to divide among the creditors. Also, the US Trustee Office or your attorney could schedule a Rule 4001 hearing, basically an audit under oath, to see if any other assets were hidden - a treasure hunt, as it were. There are deadlines to accomplish these things, they are time sensitive, so if you wish to move forward, you would retain counsel quickly. The above is general information and not legal advice for a specific situation.

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  • What happens when the original creditor and collection agency both won't deal with you?

    Saw a collection on my credit score. Reached out to the collection agency. They responded by auto-dialing me at 11:38 PM and then returning the account to the original creditor. I called the number of the original creditor they provided, and have ...

    Marvin’s Answer

    A collector is not supposed to contact a debtor after 9 PM, so this may be a violation of the Fair Debt Collection Practices Act. The collector may owe you money. The original creditor will likely assign the debt out again to another collector, who will have information. Also, under the Fair Credit Reporting Act, you can request validation on the debt and they must respond within 30 days.

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  • What are my options as Creditor Employer in the Notice of Chapter 7 Bankruptcy Case against the Debtor Ex Employee

    The Creditor was awarded default judgement against the Debtor in the amount of $728.98 by the Civil Court of the City of New York in Kings County on 06-16-15. The Creditor served the Debtor of the default judgement by way of registered m...

    Marvin’s Answer

    Your dates make no sense. No one has a meeting of creditors only 8 days after filing. The complaint deadline you list - even if you correct for the year to make it 2015 instead of 2010, is only seven days after filing. A Chapter 7 341(a) meeting of creditors is supposed to be scheduled between 20 and 40 days after filing. Newark has been averaging about a month from filing date. I believe you have demonstrated that if you push a debtor too hard, they will file for bankruptcy and discharge the debt. If the judgment was properly docketed prior to the bankruptcy filing date and the debtor has some real property in New York, your judgment may serve as a lien against that property that could survive the bankruptcy if it does not impair a bankruptcy exemption (what a debtor is entitled to keep). You sound very angry but the court does have rules to make sure it is a good faith case. If a trustee finds unprotected assets he/she will send all creditors a notice of assets. Please be very careful not to make any attempt to collect on this debt as this will violate the court order and the debtor would be able to sue you for money even while the debt to you is discharged. . You are/were entitled to show up at the meeting of creditors (if it hasn't already taken place) and ask questions about finances and assets, but not harass the debtor. The trustee usually does a pretty thorough job but when he is through he asks if any creditors are present. You can tell him you are there and on what case, so he will let you sit in by the debtor Most creditors think it a waste of their time, especially for a small amount, but that is your choice. You should consult a tax professional about writing off the debt and issuing a 1099.

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  • Hello, This is with regard to Collection account on my credit report.

    There is a Collection account by a cell phone service TMobile through a debt collection agency. I have never been sent any official letter from either the debt collection agency or TMobile. Since I am a paid member of Experian I got an alert today...

    Marvin’s Answer

    It may may sense to wait until you receive a letter, since if the bill is bogus you would need to prove that. As to what you are being billed for, there should be no harm in contacting the original creditor to find out. Did you get a final bill showing a zero balance?

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  • What tax papper do i fill out,i just got credit card remove

    can't aford topay taxes on it.

    Marvin’s Answer

    In addition to the advice above, while only providing general information and not tax advice, tax discharged without filing a bankruptcy is considered taxable income, while debt forgiven in bankruptcy is usually not considered income because "insolvency" is pretty clear to establish since you filed bankruptcy. But other evidence of insolvency besides bankruptcy can work, and your reported value for forgiven debt does not necessarily have to match the creditor's "write-off" number, which can be inflated. In any event, all income including the 1099 has to be reported on your taxes even if you can't pay it. IRS does do payment plans, and older taxes - older than 3 years - can sometimes be discharged in a later bankruptcy.

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  • Can I sue a Credit Reporting Agency if they shared my information without a permissible purpose?

    My credit file was blocked for promotional purposes which removes my name and credit file from the list credit bureaus sell to lenders. However, even after the block was placed, the credit reporting agency continues to sell my information to outsi...

    Marvin’s Answer

    How do you know the source of the mailing was from a CRA? Sometimes when you deal with a merchant you have an existing relation with you also inadvertently agree to let their "marketing partners" contact you. This happens a lot especially with internet websites where the language is hidden away in mountains of boilerplate language. Very few people actually read or scroll through that long agreement. Permission may sometimes even be hidden in a paper invoice. The credit card you used often has that language in their agreements. Your email account may have the same language. Same for frequent flier mile accounts. If you own a Lenovo computer they spy on you with an embedded program called Silverfish that even third parties can exploit to direct ads to you or gain private account numbers. This can present significant issues of proof in a trial. It is not easy to do a FCRA case and damages are statutorily limited. This sounds like it would not automatically be a "Ker-ching show me the money" kind of case. Unfortunately, these days, privacy is an illusion, various merchants can analyze your buying patterns. and demographics. this information is bundled by various parties and sold willy-nilly to various other parties. The world has changed. I suspect it would take a class action and not an individual case to get anything changed. if they did do it to you, they did it to others too.

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