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Joseph A Mullaney III

Joseph Mullaney’s Answers

243 total


  • Is there any form the bank is sending me that can secretly reaffirm the mortgage and hold me for the under water amount?

    I filed a Chapter 7 and was discharged in NJ. I want to do Deed in lieu.

    Joseph’s Answer

    Generally, a person is responsible for what he or she signs. Signing a "secret form" would not ordinarily happen if a debtor had a bankruptcy attorney. Not having a bankruptcy attorney can cause a person to worry if conspirators are shuffling around secret forms.

    Moreover, a reaffirmation of a debt generally requires court approval, the presence of a debtor in court, and the entry of a court order. A bankruptcy attorney would have advised as to whether a debt was reaffirmed.

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  • I have a question regarding food stamp fraud in pa

    is this fraud.. my husbands ex wife is recieveing food stamps for there 4 children whom live with her. She works a part time job, she lives with her parents of which her father is employed and also her boyfriend whom also is employed.

    Joseph’s Answer

    Generally, if a citizen believes there to be fraud, many government agencies permit the reporting, even anonymous reporting, of suspected fraud and waste. Sometimes, there may even be rewards. But, it isn't up to the citizen to decide, for him or herself, whether there is fraud or not. In the alternative, one can always mind his or her own Ps & Qs in the absence of suspected harm to a child.

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  • Just bought a used car from a dealership and its missing some features.

    The previous owner had installed an after market headunit, which disabled some listed features. Like the steering wheel controls, accelerator adjusted volume, bluetooth etc. After much arguing with the dealership they agreed to fix some of th...

    Joseph’s Answer

    Generally, a car that is "missing features" cannot be said to be fraudulent unless the buyer was deceived into believing there was no "missing features" or where the buyer was deceived into believing he or she purchased a vehicle with OEM intact. If the car is missing necessary safety features, that can be deceptive too.

    Generally, a person who buys a car with the steering wheel sitting right in front of him or her will need a level of evidence of deception that overcomes why the buyer did not detect that "steering wheel controls, accelerator, adjusted volume, bluetooth, etc." were "missing features" unlike, say, a missing lug nut. A buyer who drives a car off a lot with broken wheel controls or a broken accelerator should have a good reason for why he or she didn't stop right then and there.

    Nevertheless the New Jersey Consumer Fraud Act provides powerful remedies when cars are not what they are represented to be. A Consumer Rights Attorney should be consulted to determine if the NJCFA has been violated and, if so, what does the NJCFA allow.

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  • How do I pay a judgment when the place won't take money?

    A judgment was entered against me by a credit union. I contacted them about making paying arrangements. They said they wrote it off and wouldn't take any payments. Today I was served a writ of revival for the judgment. How do I get this off my...

    Joseph’s Answer

    Generally, a judgment debtor has no right to "paying arrangements." The creditor must accept payments, but the judgment debtor is not entitled to anything in return other than a reduced balance. Once the judgment is paid, the debtor can seek a document from the court that shows it has been paid.

    Generally, the attorney who discovers the magic of getting accurate, but derogatory items off credit reports will become a very rich person.

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  • Can I claim my mileage on my taxes as a private duty nurse?

    I do home care nursing. I leave from my house to my patients then home again. At times I've done 100mile round trips. I worked 2 jobs last year and logged almost 19,500 miles on my SUV. One of my employers office is and hour and a half away from m...

    Joseph’s Answer

    Generally, attorneys will not provide federal tax advice to anonymous online posters. The liability is too high. Fortunately, the IRS goes to great lengths to explain its tax laws and regulations by example. There are many examples the IRS presents to understand permissible mileage deductions. They are on IRS.gov.

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  • What are the exceptions for garnishing bank accounts

    I am trying to work with creditor, my income is ss and va disability

    Joseph’s Answer

    Generally, federal law protects and exempts from account levy monies obtained from the SSA or the VA. Generally, the bank is responsible for using good faith to ensure that SSA or VA funds in a bank account are not frozen. However, this becomes murky fast when the depositor deposits funds into a bank account that is not from the SSA or VA. That's why it may be a good idea to maintain a bank account that only has funds from exempt sources like the SSA and VA. Then, open another account to deposit money that is not from exempt sources like the SSA and VA.

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  • When a parent passes unexpectedly it is illegal to withdraw money from bank account

    If no one has Poa or is the executor of my fathers stuff is it illegal to touch the money

    Joseph’s Answer

    Generally, it is unlawful to withdraw money from an account not belonging to the withdrawer. A person dealing with the death of a close one should proceed with the decedent's assets only in accordance with probate law. Usually, any assets left behind will be first used to satisfy probate and funeral costs, then just debts, then in accordance to the selection of beneficiaries of law where there is no will.

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  • My bank account was levied. While prior to the ruling i had a payment plan in place , can prove with emails.

    My account was levied. after a judgment in december. Prior to that i had payment arrangement. I sent two check out for november and december but they saying they did not recieve them. also before that i been making payment from may. But account w...

    Joseph’s Answer

    Generally, a settlement agreement within the context of litigation contains an implied term: that the plaintiff will not execute (involuntarily collect) on the judgment during the defendant's compliance with the agreement's terms.

    If a settlement agreement includes a term that a plaintiff will receive money, the defendant ought to remit the payment and keep evidence of same. A defendant who does not maintain evidence that a payment was received by a plaintiff has very little to prevail upon. Generally, that's defendant's problem, not plaintiff's.

    Generally, a defendant who *thinks* he or she has a settlement agreement ought to have it in writing. A defendant who do not obtain the settlement in writing usually bears the burden when there is a disagreement.

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  • Phila Resident Working in NJ Tax Situation

    Hello, I have a hypothetical issue I would appreciate your input on. So let's say there is a new PA resident (with Philadelphia on driver's license) staying temp. & working in NJ for a few months. The driver's license and residency was no...

    Joseph’s Answer

    Generally, a relationship between a taxpayer and a taxing authority is one based on law and the adage "ignorance of the law is no excuse." A Philadelphia resident - to the extent a taxpayer is a resident of Philadelphia - is generally required to pay taxes on his or her earned income wherever derived. Relying on an HR department's "advice" that a taxpayer misrepresent his or her residency is generally no excuse against tax liability. To wit: "keep your PERMANENT address in their system as NJ even though the driver's license/residency is Phila)." Moreover, a taxpayer cannot rely on the advice of a third-party that encourages tax evasion or unlawful tax avoidance. Generally, each taxpayer has an independent duty to correctly report to taxing authorities his or her correct residency no matter what a third party advises to the contrary. This can be verified through one's W-4 and pay stub deduction categories.

    A taxpayer who does not pay taxes relying upon an non-authoritative source (like a large company's HR dept. as opposed to legal advice from an attorney or the taxing authority itself) is liable for any unpaid taxes. However, the taxing authority may be convinced to exercise discretion or leniency in a matter in which there is an honest - but legally inexcusable - mistake. Because the hypothetical implies that the HR department merely "said" to just keep the NJ address, the taxpayer is likely without any persuasive evidence to the effect that there was, in fact, an actual honest mistake. (E.g., he said/she said.)

    Generally, if one cannot afford to pay a tax bill, the taxing authority may have a program that permits payments over time and/or even forgives or compromises in certain circumstances.

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  • Please help. Quit claim deed.

    I have an account of over 10k in collections. I have no employment, no bank account under my name only of my husband's. We are both on the deed of the house. Can I quit claim to avoid a possible lean on our home? Also, how much would this cost? My...

    Joseph’s Answer

    • Selected as best answer

    Generally, when a debtor hides, conceals, transfers, secretes, conveys, or sells for less than fair market value any asset to another person for the purpose of evading creditors, that debtor may be liable for fraudulent conveyance.

    If it was as easy as quit-claiming a deed to this person or giving away an asset to that person or putting an asset in this here hole, then no one would have to repay his or her debts. See the New Jersey Uniform Fraudulent Transfer Act, N.J.S.A. § 25:2, et seq.

    The better course of action would be to consult with a Consumer Rights Attorney to make the unknown known and determine whether you have a reason or not to be scared.

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