Joseph A Mullaney III’s Answers

Joseph A Mullaney III

Media Debt Settlement Attorney.

Contributor Level 12
  1. Settlement agreement paid but not filed as satisfied with the court.

    Answered 12 months ago.

    1. Joseph A Mullaney III
    2. Raymond Andrew Grimes
    3. Lawrence Michael Centanni
    3 lawyer answers

    Generally, one will need to request a plaintiff's law firm to file a Writ of Satisfaction (WoS) with the Court when a judgment debtor has paid a judgment. There is a fee associated with the filing. If the plaintiff will not file the WoS, the defendant may have to file it his or herself. Once the WoS is filed and accepted by the Court, the a copy of the official WoS will need to be mailed the credit reporting agencies (CRAs) in dispute form. The CRAs will then be required to update the...

    3 lawyers agreed with this answer

  2. How do I get relief from credit card debt without going bankrupt?

    Answered about 1 year ago.

    1. Joseph A Mullaney III
    2. Dwayne M Farnsworth
    3. Scott Russell Needleman
    3 lawyer answers

    Generally, bankruptcy does not necessarily mean one must lose the home. Many persons who file for bankruptcy keep their homes as long as they continue to pay the mortgage and escrow items. Thus, a homeowner should not automatically exclude bankruptcy from his or her considerations.

    3 lawyers agreed with this answer

  3. Do we owe HOA dues accrued after bankruptcy?

    Answered about 1 year ago.

    1. Karina Pia Lucid Esq.
    2. Joseph A Mullaney III
    3. Michael J Corbin
    4. Blake Owen Brewer
    4 lawyer answers

    Generally, a debtor is still liable for post petition debts. Post petition HOA fees are generally still owed so long as the the debtor's name appears on the deed. It is up to the HOA whether it will be satisfied with a lien or pursue the debtor personally for the post petition HOA fees or do both.

    3 lawyers agreed with this answer

  4. DEFAULTED ON SBA LOAN DUE TO ILLNESS BANK FILED JUDGEMENT SETTLED WITH SBA BANK WON'T REMOVE JUDGEMENT UNTIL I PAY BALANCE

    Answered about 1 year ago.

    1. Joseph A Mullaney III
    1 lawyer answer

    Generally, banks and creditors neither report nor delete any reference to a judgment in a person's credit report (public records section). Instead, the major credit reporting agencies ("CRAs") go out to courts and get lists of judgments for themselves. Therefore, a creditor has nothing to do with a judgment being reported on a credit report. If a person has satisfied or otherwise complied with a judgment, the warrant of satisfaction or similar document should be mailed cert/rrr to the CRAs...

    3 lawyers agreed with this answer

  5. If I've been paying a debt collector monthly and they sell the acct, can the new co. garnish my bank account?

    Answered about 1 year ago.

    1. Joseph A Mullaney III
    2. Dorothy G Bunce
    3. Christine B. Adams
    3 lawyer answers

    Generally, an agreement arrived at with a creditor acting through its debt collector is as enforceable as any other contract. If the account is sold, it is sold subject to the terms and conditions of the agreement. Generally, a secondary debt collector must honor payments made to the primary debt collector. If not, a consumer should verifiably mail a dispute letter to the secondary debt collector. If that does not resolve the dispute, the consumer should consult a Consumer Rights Attorney.

    3 lawyers agreed with this answer

  6. I am going to write a motion to vacate default judgement where can I get a format to follow. Do I need a lawyer to do this ?

    Answered over 1 year ago.

    1. Joseph A Mullaney III
    2. Maxim Christopher Zawojski
    3. Lawrence Michael Centanni
    3 lawyer answers

    Generally, New Jersey requires that service be proper and that a defendant have a fair opportunity to respond to a lawsuit. When service is improper and a default judgment entered, the usual remedy is to file a Motion to Vacate Default Judgment. The process is complicated and judges have been conditioned into thinking the movant is lying about not getting proper service. If an easy form existed to simply "fill out" and file, society would not need attorneys. Of course, a person is...

    3 lawyers agreed with this answer

  7. Is it not illegal for my dad to be claiming me on his taxes if I am 18 years old ,I live alone and I work to support myself?

    Answered over 1 year ago.

    1. Joseph A Mullaney III
    2. Evan A Nielsen
    2 lawyer answers

    Generally, for financial aid purposes, an 18 year old is a "dependent" of her parents regardless of tax declarations unless financial aid "emancipation" exceptions are met. The US government fully expects parents to provide their available resources for younger adults, and tax declarations alone will not defeat those parental obligations. Entirely independent of financial aid, a person may assert herself as independent for tax purposes and anyone else claiming otherwise may see his or her...

    3 lawyers agreed with this answer

  8. My husband was on a payment plan for fines out of Eht municipal court. He did default on the payment plan. Not intentionally, he

    Answered over 1 year ago.

    1. Joseph A Mullaney III
    2. Mark M Cheser
    3. Yolanda Navarrete
    4. Benjamin G Kelsen
    4 lawyer answers

    This is not a Debt Collection matter. I have changed it to reflect Criminal Defense for better results. In any event, your husband needs to consult with a criminal defense attorney.

    3 lawyers agreed with this answer

  9. Can i get the rears remove off my credit report when i pay bi weekly

    Answered over 1 year ago.

    1. Joseph A Mullaney III
    2. Dorothy G Bunce
    2 lawyer answers

    Generally, accurate reporting about the status of a debt cannot be "removed." Merely making payments on a defaulted debt does not "remove" the prior negative reporting. BTW, "arrears" is a legal term for the part of a debt that is overdue after missing one or more required payments.

    3 lawyers agreed with this answer

  10. Would paying back a loan I took from my 401k be a problem when filling for chapter 7 using money I receive as severance?

    Answered over 1 year ago.

    1. Bruce C Truesdale
    2. Joseph A Mullaney III
    3. Diane L Gruber
    3 lawyer answers

    Generally, when a person seeks to convert to a different bankruptcy chapter and when that person is seeking to protect a sizable sum, that person should very much have an attorney before acting.

    3 lawyers agreed with this answer