Adrian M. Lapas's Answers

Who has to pay off my mother's credit card debt now that she is deceased.

No one is responsible. If your mother has any assets that can be distributed through probate, the creditors can file a claim with the estate and share in whatever assets are sold and distributed. Sounds like very little, if anything, would be distributed. You are not liable. If a creditor says that you are, that may be a violation of state debt collection law and/or the Fair Debt Collections Practices Act. I am assuming that you are not a joint obligor.

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Negotiating with a collection agency lawyer or agency representative.

I am not licensed in California. Generally, I never settle with junk debt buyers. Generally, they cannot prove the debt. Be sure to raise the statute of limitations as a defense. Also, they will try to introduce business records but such records are objectionable unless they have a witness to authenticate the records from the originating creditor and each intermediate purchaser. Objection--hearsay; does not meet the "business records exception" and plaintiff failed to lay a proper...

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A debt collector tries to collect a debt, that is not mine, but my ex's (we are divorced). What to do?

You should contact the collector in writing and by certified mail, return receipt requested and request validation of the debt. You also have the right to tell the collector not to bother you and the collector is "supposed" to honor that request under the FDCPA. However, most states follow the common law rule that a parent is responsible for the reasonably necessary medical bills of the other spouse and/or dependents. As such, if your child was a minor at the time of treatment, as a parent,...

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Ownership of [collection] debt.

I think the answer depends on the rules of procedure for your particular state. It may be sufficient that the allegation of ownership is sufficient in the complaint unless you, by way of an answer, dispute the allegation. Then the alleged creditor would be required to produce evidence of ownership. Having said that, you are spot on to challenge the ownership. Often, the collection agency (more often a debt buyer), will file a "Bill of Sale" that purports to establish ownership. Often the...

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Do missed calls count as "initial communication" under the FDCPA?

I would not think so, either.

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Motion to claim exempt property form was late (past the 20 limit)

Unfortunately, the clerk will deny your late-filed Motion to Claim Exempt Property. I assume that you included the $20 motion fee. As such, you will have been deemed to have waived your right to claim your exemptions. From a practical standpoint, if the sheriff comes out, if the car is not worth more than a couple of thousand dollars, it is not likely to be seized. Often, the deputy will call the creditor and require the creditor to send $500 or so to cover the costs of seizing the car...

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How soon after a list of examptions have been filed for enforcement on a judgement, can I expect my bank account to be levied?

Two things: since it is your spouse's money, even though a joint account, it is your spouse's money. However, it is difficult to show that it is merely your spouse's money when the sheriff is seizing the money or the bank is freezing the account. Second thing: wages earned within 60 days for support and maintenance of debtor and dependents is exempt. From a practical standpoint, have you husband either remove your name from the account or to have his check put into an individual...

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In NC if youwalk away from your house, can your 401 K or wages in another state be garnished?

To break down the question some: As the prior poster stated, NC does allow for deficiency judgments on a foreclosed house (assuming that we are not talking about seller financed, purchase money mortgage, then we have an anti-deficiency statute). A typical, borrowed money from bank to buy house can result in a deficiency. Most 401(k) plans or other ERISA qualified plans are not subject to levy or execution. Can your wages in another state be garnished? If you are contemplating moving...

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Meeting with bankrupcty attonery's on Monday. What questions should I be asking?

As stated, tell everything to your attorney. Even if you think it is unimportant, spill it and let the lawyer decide. In terms of questions, ask about lawyer's experience with bankruptcy and cases such as yours. Ask about available exemptions and with regards to the property that is important to you, ask to ensure that it is exempt. The inheritance check may be going to pay creditors though. You may consider asking about "exemption planning" and whether it is appropriate in your...

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Looking for a collection attorney in charlotte?

You should probably contact a litigation lawyer with experience in business matters. One of the issues that can be raised in attemting to get your money is whether Company B (the one you have a judgment against) fraudulently transferred corporate assets to other entities. Similarly, you can request copies of the corporate books to explore whether grounds exist for "piercing the corporate veil" which means that you may be able to go after the individual shareholders. A problem for you may...

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