John R. Cantrell Jr.’s Answers

John R. Cantrell Jr.

Goose Creek Litigation Lawyer.

Contributor Level 8
  1. How do I get out from under this rental property?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    You could just let the bank foreclose on it. If you did that, you would have two potential liabilities. The largest would be to your lender, since they would likely sell the MH for much of nothing and then get a judgment against you for the balance of the debt (called a deficiency judgment). In addition, if your renter has a lease for a specific term, and they are unable to rent a comparable property for the same amount, then they may have a claim against you for damages under the lease (if...

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  2. Can a signature loan company garnish social security payments for non payment of the personal loan

    Answered about 2 years ago.

    1. John R. Cantrell Jr.
    2. Gary D. Bollinger
    3. Matthew Scott Berkus
    3 lawyer answers

    No, they can't. It is best if the account where the SS funds are being deposited contains only deposits from SS, and not other income. This makes it easier to prevent the SS funds from being improperly garnished.

    3 lawyers agreed with this answer

  3. I have been issued a Civil Summons, over charged off credit card debt, what should I do?

    Answered about 2 years ago.

    1. Casey Lorraine Spitzer Carrigan
    2. Jason Wade Barnette
    3. John R. Cantrell Jr.
    4. Kris K. Skaar
    4 lawyer answers

    You should consult with a local consumer protection attorney to see how much it would cost to have this debt collection action defended. You may also have counterclaims against the debt buyer. If you search the web, you will find a good bit of negative information about PRA. The papers that you were served should have included a notice about your right to request verification of the debt. You should write the attorney's office that has filed the lawsuit, and indicate that you dispute the...

    3 lawyers agreed with this answer

  4. Do I need a court order to submit copies of text messages to my dec?

    Answered about 2 years ago.

    1. John Robert Bonin
    2. Thomas Martin Morningstar
    3. John R. Cantrell Jr.
    4. Michael T Millar
    5. Constantine D. Buzunis
    5 lawyer answers

    This is a rather vague question, so it will be hard to give a precise answer. You should have identified the type of court action that you are involved in, and the court as well. Sometimes procedure varies between state and federal courts, or even different types of state courts. However, in general, you could attach copies of any documents sent to you by the opposing party, since that would be admissible against that party as an admission, assuming that it is relevant to the issue in...

    3 lawyers agreed with this answer

  5. In Florida Bankruptcy Chapter 11 when an order is made what does the 10 days to file to set aside the order. The signature date?

    Answered about 2 years ago.

    1. Kevin Christopher Gleason
    2. Scott Benjamin Riddle
    3. John R. Cantrell Jr.
    4. Michael Avanesian
    4 lawyer answers

    Such a motion would normally be made under bankruptcy Rule 9023. As you can see from the rule, the time runs from entry of the order. Many times the date the order was signed and filed by the judge, and the date the order was entered on the docket by the clerk of court will be the same date, but sometimes the order entry date is a day or so later, especially if the order was filed late in the day, without enough time for the clerk to get it entered the same day. If you look at the top of a...

    3 lawyers agreed with this answer

  6. "Contempt of Court" ??

    Answered about 2 years ago.

    1. John R. Cantrell Jr.
    2. William C. Devine II
    3. Kris K. Skaar
    3 lawyer answers

    Sounds like a phishing scam. Be careful. Call the clerk of the court that was supposed to have issued the order to see if there really is an order that has been issued by that court. If it is a real order, then contact an attorney in the state that issued the order to see what can be done. It is possible that a valid credit card judgment in one state could be enforced in another state. The procedure varies by state. If necessary, consult with a bankruptcy attorney in your state, which can...

    3 lawyers agreed with this answer

  7. Does a supplemental proceedings verdict carry more weight than a judgment?

    Answered about 1 month ago.

    1. John R. Cantrell Jr.
    2. Waymon S. Harrell
    3. Richard Glenn Elie
    3 lawyer answers

    Whether supplemental proceedings will work for you depends on whether the person you have a judgment against has any assets that can be taken to pay the judgment. Debtors in SC are allowed certain exemptions in property that they can keep protected from judgment creditors. (See attached link to SC Code 15-41-30.) If a person has assets that can be taken, supplemental proceedings is often a quick way to get them to pay up. If not, your judgment is good for ten years, during which time you...

    1 lawyer agreed with this answer

  8. I am unable to pay debt that is owed to installment loan companies in the amount of $3000 & I am thinking of filing bankruptcy

    Answered 3 months ago.

    1. Richard D. Granvold
    2. Brian James Ellsworth
    3. Dorothy G Bunce
    4. John R. Cantrell Jr.
    5. Blake Owen Brewer
    6. ···
    6 lawyer answers

    I agree that you should not file a bankruptcy on this small of a debt. In addition, there are better remedies available under SC law to a borrower such as yourself. SC has a state law similar to the FDCPA which applies to original creditors such as yours. This means that any improper debt collection practices by finance companies can give you lots of leverage to settle these debts. I have settled with such companies in SC several times on such debts, and normally those companies end up...

    1 lawyer agreed with this answer

  9. Can a bank sell a mortagae once a bankruptcy is filed

    Answered 3 months ago.

    1. John R. Cantrell Jr.
    2. Ryan J. Dove
    3. Alan James Brinkmeier
    4. Sandra A Kuhn Esq.
    4 lawyer answers

    Yes. It is proper for the bank to sell the loan, since this was not a sale of the property of the debtor. However, if the mortgage were not properly perfected, and the bank tried to perfect it after the bankruptcy was filed, then that would be a violation of the automatic stay.

    1 lawyer agreed with this answer

  10. Chapter 13 can you extend a repayment plan pass five years, in not what can you do to extend time for payback

    Answered 4 months ago.

    1. John R. Cantrell Jr.
    2. Shaye Larkin
    3. Dorothy G Bunce
    3 lawyer answers

    Well, first of all, the five year period runs from the month after the plan is confirmed, not the filing date, so that helps a little, especially if it takes a long time to confirm your plan. Second, there are some courts around the country where plans have been confirmed that go past five years, but that is rare, and I don't think it has yet been done in South Carolina.

    1 lawyer agreed with this answer