Kyle G. Manikas's Answers

If my husband files for bankruptcy, will this affect my credit report/rating? This assumes he and I have no joint debt.

If he files bankruptcy, you should subsequently order a copy of your credit report. I have seen situations where two people are jointly liable on a debt, one file bankruptcy, yet the notation of a bankruptcy filing with respect to that debt appears on BOTH of their credit reports. This is completely improper and you can force the credit reporting agency to remove it from your credit report. These comments are not legal advice and are made for educational purposes only. No attorney-client...

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I have about $15,600 in delinquent credit card debt. Is it wise to use a debt settlement company?

Be careful with these companies. Many are owned by the very creditors you owe money to. Also, outside of bankruptcy, if they settle you debt for 40% of what you owe, then the other 60% foregiven can be income for federal income tax purposes. These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

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What is punishment of driving without a license and getting pulled over for the second time

Generally, you are likely looking at active jail time for a second offense for driving without a license. As far as the dangling object goes, this is a quite common basis for a stop in Virginia. There is a actually a code section in title 46.2 of the Virginia Code which prohibits having objects hanging from your miror.

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How long does nolle pros stand for on a malicious wounding charge?

As you are aware, a nolle pros is a prosecutor’s decision with agreement by the court to discontinue proceedings. The charges are not dismissed, and the prosecution reserves the right to reinstate charges at a later time. The charges usually have to be refiled within one year of the court granting the motion for the nolle pros.

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I have a class 6 felony can i get that sponge? It's been about 4 years

If it was a conviction then no. Convictions cannot be expunged in Virginia.

What is the punishment for aggravated assault and it's a persons first offense?

There is no such thing as "aggravated assault" in Virginia. There is misdemeanor assault, unlawful wounding, malicious wounding, and aggravated malicious wounding (the equivalent of first degree murder). It's not clear what your friend is charged with, but she should speak to a lawyer and if there is a warrant for her arrest, she should coordinate the turn in with her lawyer.

What is the procedure for expunging criminal history in the state of VA

Section 19.2-392.2 of the Virginia Code governs expungements. That code section can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2. You must first submit the petition for expungement and then obatin the fingerpirnts and other information detailed in the statute. Once you do that you can notice the matter for hearing.

Can credit card debt bring a lein on my cari have stopped paying on my debts dont have the money

If they have a judgment they can levy on it by garnishing wages and seizing and selling any property you have. These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

Is a debt collector prohibited from selling a debt to another collector

Unfortunately, debts are routinely bought and sold. However, you are on the right track by looking at the FDCPA for potential abuses. These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

If you declare bankruptcy after a deficiency judgement, will that wipe away the judgement ?

If you qualify to file a chapter 7 bankruptcy (based upon the means test) then the judgment can be discharged assuming there is no fraud or other improper conduct at issue