Angel Marie Van Wieren's Answers

How does an elderly woman get out of paying for a vehicle she let Wells Fargo pick up?

There may be a possibility that the elderly woman is "judgment proof." Does she only receive Social Security income? Does she have other assets, such as a car, house, etc. You should have your elderly friend get in touch with a consumer lawyer. I hope this information was helpful. Van Wieren Law Firm, LLC - your Metro-Atlanta bankruptcy firm www.metroatlantabankruptcy.com *My response to your post did not create an attorney client relationship.

Selected as best answer

What's the next step after obtaining a judgement against someone?

If you want to file a lien against the property, you should file a writ of fieri facias (aka fi. fa.) in the Superior Court where the property is located. I found the following link, which may be helpful http://www.gwinnettcountysheriff.com/Civil%20Division.htm Angel M. Van Wieren www.vanwierenlaw.com *No attorney client relationship was created by my response to your question, but was for informational purposes only.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Regarding the 2nd mortgage, what will happen if I walk away from the first mortgage which was discharged in bankruptcy court.

If you walk away from the house, and the first mortgage was included in your 2006 Chapter 7 bankruptcy, the creditor will have no recourse. The one EXCEPTION to this general rule would be if a signed Reaffirmation Agreement with the first mortgage creditor was filed with the court after your bankruptcy petition was filed. If you are unsure if a Reaffirmation Agreement was filed with the court, check the court docket in your 2006 case. If you a Reaffirmation Agreement was filed with the court,...

3 people marked this answer as helpful

American Express Lawsuite

American Express will likely get a judgment against you. If you remain out of the county, and you do not have any assets here, it is highly unlikely that they will attempt to collect the debt. However, if you return to the country American Express may attempt to collect the debt by garnishing your wages or freezing your bank accounts. I'm not sure if the judgment would affect your Greencard status. I hope this information was helpful. Van Wieren Law Firm, LLC www.vanwierenlaw.com...

1 lawyer agreed with this answer

Can I sue the mortgage/debt collecting company

All hope is not lost. Do not give up. There are legal remedies available to force the "new" mortgage to recognize the loan modification. There are also legal remedies available to force the creditors to prove where the money you paid went. I attended a seminar over the weekend that discussed these very issues. There are ethical attorneys who can help you with these issues. Angel M. Van Wieren Van Wieren Law Firm, LLC

1 person marked this answer as helpful

My husband and i have several judgments against us. we have not filed bankruptcy yet. today a man called and said he was an

Unless the "investigator" is a police officer with a warrant, you do not have let him in your house. I would strongly suggest that you meet with a local bankruptcy attorney for free consultation. Once a creditor has a judgment against you, it can begin post-judgment collection efforts, including garnishing wages or levying bank accounts. *My response to your post did not create an attorney-client relationship. This is not legal advice, but should be used for informational purposes only.

1 person marked this answer as helpful

How long can I stay in my house after filing a Chapter 7 Bankruptcy

There are certain requirements for those lenders who participate in the HAMP program. https://www.hmpadmin.com/portal/about/overview.html When your bankruptcy case is filed, the Automatic Stay goes into place which prevents your house from being sold at foreclosure. The Stay may remain in place for the term of your case, which is usually 3-4 months. Or, the mortgage creditor can ask that the Stay be lifted while your case is pending, if you are behind on payments. The affect of lifting...

1 person marked this answer as helpful

Can I find in Atlanta a Lawyer or an Org. that can help me with an assylum petition for free,like working Pro Bono,by example ?

Contact Atlanta Legal Aid or the Atlanta Bar Association. Van Wieren Law Firm, LLC www.vanwierenlaw.com

1 person marked this answer as helpful

We recently visited a bankruptcy attorney and feel that her solution is wrong.

The short answer is ask the attorney you met with to explain the reasoning. Maybe there was some lapse in the explanation for the reasoning as to why Ch 13 would be in your best interests. However, if you are not comfortable with that attorney's advice, schedule an appointment with an attorney! I hope this information was helpful. Van Wieren Law Firm, LLC www.atlanta-bankruptcy-lawfirm.com

1 person marked this answer as helpful

If acting pro se defendant do i have to testify in court credit card lawsuit

No, you do not have to file an Answer to the creditor's lawsuit. However, if you do not file an Answer and the case was filed in Georgia, the Court will likely order a Judgment against you within 45 days of you being served with the Summons. Once the Judgment is ordered, the creditor will have the right to begin post-collection judgment efforts including garnishing your wages and/or seizing your bank accounts. If you would benefit from filing for bankruptcy, the creditor's lawsuit would...

1 person marked this answer as helpful