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David Anthony Huber

David Huber’s Answers

57 total


  • Inflated debt collections for a nonreturned rental books from a community college.

    The rental agreement does not provide for interest or collection fees for nonreturned books, but a collections agency has inflated the original debt from $62.30 to $342. Am i responsible for the inflated charges?

    David’s Answer

    You would have to sit down with an attorney to review the agreement in its entirety. I should point out to you that the difference you are speaking is all of $280. You may incur more costs for an attorney to review and write a letter/negotiate on your behalf than that amount of money. Perhaps you can use strong negotiating skills to resolve the dispute?

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  • Filing CH7 Seperately from Spouse.

    Was going to file Ch 7 with my spouse. My attorney suggested just one of us file, being we a are a community property state. He is still going to get back to me on it as he has to make sure all debts were incured during our marriage. We have been...

    David’s Answer

    As I am not licensed in Washington, I am unsure of the rationale for the attorney's recommendation. The filing costs with the court remain the same, there is an increase (slight in overall scheme) for debt counseling costs, and I do not know their service costs based upon joint/individual filer. However, if you do file a joint case under Chapter 7 and are behind on the car payments, it may increase the difficulty in keeping the car. I strongly urge you to revisit this circumstance with the attorney you spoke with.

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  • I sent a dispute validation letter to a creditor. The creditor sold (or gave) the debt to another collection agency/firm.

    In the dispute letter, I specifically demanded that creditor stop contacting me in anyway and that I disputed the debt (which I don't owe). The creditor then sold/gave the debt to a different collection agency who is now calling and sending me le...

    David’s Answer

    Think of the debt you owe as an asset; whatever amount you owe can be bought and sold between creditors and frankly; you should repeat the disputes to any subsequent owner of the debt. Please also make sure you check the credit reporting bureaus and file any disputes you may feel are necessary. As previous counsel stated; you can only stop the phone calls; you can't truly stop sands of time with what creditors do with the debt itself.

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  • Can bankruptcy overrule an original divorce decree?

    House was awarded to me and mortgage remained in both names. Other party filed and received bankruptcy. House was to be sold and 65% of profit given to other party. Since the other party's obligation of debt for the house has been erased, do I s...

    David’s Answer

    The bankruptcy itself does not overrule the state court order. What was explained in the prior two posts is the fact that a bankruptcy filing nullifies the personal liability to creditors discharged in bankruptcy; the discharge itself DOES NOT nullify what a state court ordered to take place. I echo the recommendation of speaking to divorce counsel and wish you luck going forward.

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  • Do I have any remedy if my wife to whom I am still married opened credit accounts and charged on them in my name?

    Do I have any recourse with the creditors or would this have to involve a criminal proceeding against my wife? These accounts are now all in collection and the collection attorneys are looking for me.

    David’s Answer

    You can, but you have to measure that action against comfort in your marriage. The action would be reporting fraud to the police and signing affidavits that you did not authorize the cards to be opened and used. Make sure, above all else, you are completely honest with any accusations you may make and you are completely comfortable having your wife possibly facing criminal charges.

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  • I have a judgement of 7,470 if i file bankruptcy chapter 7 will they still be able to garnish my wages?

    My sons fathers was arrested his bond was 9000 they took court cost so we ended back up with 7470 well his family gave me the money my sons father said keep the refund so i did! and not to mention i took care their son since he was 16 and i wa...

    David’s Answer

    You may file Chapter 7, however as the prior response states, the father and family may try to say what you owe them was due to fraud; and in eligible for discharge. Speak with a Chicago area bankruptcy lawyer who has had experience defending fraud accusations to help l. Good luck!

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  • I am being garnished 25% of my take home pay. This % was set by the courts. Is there any way to reduce this %?

    I called the collection agency that is listed as the plaintiff. They told me this decision was set by the court in Olympia and there was nothing I could do and no one I could discuss this with. They said having dependents made no difference in the...

    David’s Answer

    The collection agency is not telling you the whole picture, however, the question you need to ask yourself is why did I wait until after they attached my wages before addressing this? Each state has a maximum percentage they allow for a person's wages to be garnished. Unfortunately, it appears from what you describe that your opportunity to argue/fight against the garnishment has come and gone because most likely you failed to appear at a hearing or file the proper objection to their application to garnish your wages. Please speak with a local attorney versed in financial difficulties to best address this issue; and your overall financial picture. Good luck!

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  • Can forclosure be listed on credit after loan discharged in bankruptcy?

    I filed a chapter 7 bankruptcy in 2010, but did not reaffirm the mortgage. The mortgage got included in the bankruptcy because of this and was listed as such on my credit report. Now 2 years after discharge my credit report shows that a foreclos...

    David’s Answer

    Your discharge affected your personal obligation to pay the mortgage; it did not extinguish the lien against the property. Many lenders do no reporting to credit reports once a person has filed bankruptcy out of fear of being sued for violating the stay/credit reporting protections. I recommend you first send a copy of your discharge and bankruptcy schedule showing the mortgage included in it to all three reporting agencies. This may have the reporting changed to "included in bankruptcy". HOWEVER, how this affects your appearance as someone to lend money to from lenders in IL is best answered by a local attorney. GOOD LUCK!

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  • If my writ of garnishment is never answered by the employer of the debitor. What should I do for next step?

    I submited the writ of garnishment to a small company, which is the employer of the defendent. It includes a judge from small claim court as well as all the neccessary forms. What should I do as the next step? Sue employer? or hire attorney?

    David’s Answer

    I think you have no other option but to contact a local collection attorney. One who knows how to deal with the court system on enforcing the wage garnishment whilst making sure all efforts that can be taken are exhausted. Good luck!

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  • Is it possible to transfer registration on my car if the bank won't release the lien after a bankruptcy?

    My cousin has my car, and says he is going to get it registered in his name. Is this possible without the bank coming to me for the 5,000.00 they want to release the title? The bank refuses to get the car, and told us they don't want it. The car...

    David’s Answer

    As already recommended, you can speak with the attorney who did your bankruptcy. There may be a way to force the lender's hand into releasing title. This is for a WA attorney to answer how to do so. The measuring stick for you will be weighing the cost of the junk vehicle application versus your attorney. Mind you, be careful of any paperwork to be submitted on an application to any government office. Be complete, be truthful, be accurate. Good luck.

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