Joseph A Mullaney III’s Answers

Joseph A Mullaney III

Media Debt Settlement Attorney.

Contributor Level 12
  1. I consigned a student loan because someone else couldn't. The loan is delinquent and she's now getting married.

    Answered 11 months ago.

    1. Joseph A Mullaney III
    2. Ivan Raevski
    3. Fredrick P Niemann
    4. Steven R. Neuner
    5. Jonathan Stone
    6. ···
    6 lawyer answers

    Generally, a co-signer to a credit obligation cannot "remove [his or her] name from the loan." If it was that easy to avoid liability, then the entire structure upon which co-signing loans exists would fall apart. When both co-signers agree to pay a credit obligation, both are equally liable to pay. That's what co-signing loans is all about. Generally, co-signers are jointly and severally liable for a credit obligation, and the creditor can go after both, one, or none for payments,...

    5 lawyers agreed with this answer

  2. In the state of PA if a husband/wife dies will the spouse be liable for outstanding debts?

    Answered over 1 year ago.

    1. Joseph A Mullaney III
    2. Renee Mayerson Cannella
    3. David M. Axinn
    4. Sonila Isak
    4 lawyer answers

    According to PA statute 23 Pa.C.S. § 4102: "In all cases where debts are contracted for necessaries by either spouse for the support and maintenance of the family, it shall be lawful for the creditor in this case to institute suit against the husband and wife for the price of such necessaries and, after obtaining a judgment, have an execution against the spouse contracting the debt alone; and, if no property of that spouse is found, execution may be levied upon and satisfied out of the...

    5 lawyers agreed with this answer

  3. Hi i have a civil suit against me for a credit card company what will happen at the court case

    Answered almost 2 years ago.

    1. Joseph A Mullaney III
    2. Daniel Edward Mueller
    3. Matthew Michael Loker
    3 lawyer answers

    It depends on which court you were sued in. If you were sued in a local magisterial court and you timely notify the court that you will defend, then you can expect to have a trial date in which a judge will hear your defense. If you were sued in your county seat's Court of Common Pleas, the expectations are much different. However, if you don't file a response to the court, you will be defaulted and the creditor will move to forced collections. Many other considerations are present here...

    5 lawyers agreed with this answer

  4. Just a quick question for educational purposes. The question is can one's dad be his trustee in bankruptcy?

    Answered 8 months ago.

    1. Jonathan Stone
    2. Joseph A Mullaney III
    3. Alan D. Walton
    4. Dorothy G Bunce
    5. Golnar Sargeant
    6. ···
    6 lawyer answers

    Generally, debtors elect no one to be trustees. The selection of trustees is a function of the court. A father would not be appointed for his son's bankruptcy.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can my federal tax refund be levied?

    Answered almost 2 years ago.

    1. Joseph A Mullaney III
    2. Dheeraj Kumar Singhal
    3. Dorothy G Bunce
    3 lawyer answers

    A student loan borrower who is in default on his or her federal student loan may see a tax intercept. The Department of Eduction notifies the IRS and then the IRS will notify the taxpayer. At that time, there are some options to address the tax intercept before it actually become permanent. The IRS will notify the taxpayer of the options/responses available to the federal student loan borrower.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I have been sent a subpoena from my credit card company... What should I do?

    Answered almost 2 years ago.

    1. Joseph A Mullaney III
    2. Rachel Lea Hunter
    3. Seyed Abbas Kazerounian
    4. Eric Jerome Gold
    4 lawyer answers

    Unfortunately, job loss, unemployment compensation, "credit limits," un-closed credit card accounts, continuing late fees and interest, "crazy fees," etc. are all utterly irrelevant to determining the legal rights and obligations of debtors and creditors when a judgment has been entered on the debt in question. If a judgment is entered against a debtor and it's backed by a writ of execution, a judgment debtor must pay the judgment from available, nonexempt assets. A major exception is a...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I like to ask a lawyer if a person has been supporting me for 7 years i am disable and just stops with no reason in oct after

    Answered 9 months ago.

    1. Joseph A Mullaney III
    2. Michael T Warshaw
    3. D K Kevin Dugan
    3 lawyer answers

    Generally, when a "person has been supporting [someone] for 7 years..." and "just stops with no reason," the legal ramifications of the person leavings depends on his or her relationship with the left. For instance, if the leaving person is a spouse, that spouse may have continuing duties to provide basic necessaries to the left. If the person leaving is a caretaker, ongoing duties may be found in a contract or law. If the leaving person is not married to the left, but provided support...

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  8. Is my father liable, if I sign contract in his name without his consent?Does pa consumer fraud act protect small business owner?

    Answered over 1 year ago.

    1. Joseph A Mullaney III
    2. Robert C. Keller
    2 lawyer answers

    Generally an agent working for a disclosed principal can execute contracts and agreements that are fully binding on the principal. This is particularly true when the agent is working within the scope of an agency determined by the agreement and/or course of conduct between principal and agent. If an agent attempts to disclaim a contract on behalf of a principal because the principal didn't "sign" the contract, that agent may then be liable him or herself for having presumably acted *...

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  9. Can a repossion of a car garnishere your social security disibility or retirement benefits

    Answered 8 months ago.

    1. Joseph A Mullaney III
    2. Michael T Warshaw
    3. D K Kevin Dugan
    3 lawyer answers

    Generally, private debts reduced to judgments cannot be executed upon social security benefits. Although there are exceptions, a defaulted car note is generally not one off them. Regarding retirement plans, execution depends generally on whether the plan is ERISA qualified in NJ and some other criteria.

    4 lawyers agreed with this answer

  10. Can a collections agency put a lien on a car title that I have the title. The car Is paid in full.

    Answered about 1 year ago.

    1. Joseph A Mullaney III
    2. Joseph John Console
    3. Gary D. Bollinger
    4. Michael L Detzky
    4 lawyer answers

    Generally, a judgment creditor with a New Jersey judgment may lien, levy, garnish, and seize any asset legally available to the judgment creditor. Placing a "lien" on a vehicle titled to the judgment debtor AND seizing that vehicle for auction and sale is generally permissible with a New Jersey judgment. The judgment debtor may assert its $1000 exemption to any asset including a titled vehicle.

    4 lawyers agreed with this answer