Alan Ira Seitman's Answers

I am retired at 64 with investment income and social security. Could I qualify for bankruptcy?

More information is needed in order to answer this question properly. You need to meet with an attorney to evaluate your entire situation, review the exemption statutes and determine whether your assets are at risk in a Chapter 7 case.

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Does a ch 13 automatic stay stop all actions in a lawsuit immediately?

The Chapter 13 co-debtor stay applies in all consumer cases. If the Chapter 13 Plan does not provide for payment in full of the debt, you may want to consider filing a Motion for Relief from Stay. If you can prove that the debt is a business-related obligation, the co-debtor stay is not applicable. Feel free to call me with any questions.

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How do I get a judgment removed/reported as satisfied on my credit report?

If the debt has been satisfied, you need to have the original fi fa cancelled.......and this document needs to be recorded on the GED records in the county where the judgment was originally obtained.

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Bankrupcty, 529 and a new born... Considering a Chapter 7 bankruptcy.

Transfers to children on the eve of bankruptcy have the potential to cause serious problems in a bankruptcy filing. I recommend that you speak with an experienced bankruptcy attorney and review your entire financial picture...including a detailed analysis of your exemptions.

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Is there a statute for apportionment of judgment liability?

Usually, in Georgia, judgments on suits are not apportioned between Defendants. That is, there is joint and several liability.....collection can be enforced by the Plaintiff against any (or all) of the Defendants. However, the Plaintiff can not recover more than the amount of the judgment plus interest.

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If my car is repossessed, but later sold, am I still responsible for the full amount of the car loan?

If your husband is being garnished for this debt, at some point the creditor must have obtained a judgment against him. Go to the courthouse and get a copy of the original lawsuit to make certain that your husband was properly served and verify the amount of the judgment. Have an attorney take a look at these documents with your husband. He may want to consider: a) traversing the garnishment and/or filing a motion to set aside the judgment; b) settling the debt; or c) filing a...

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I am being garnishered for a debt from over 10 years ago which was originally $7000 and now amt. exceeds $12,000.

The first step in analyzing this situation is to get a copy of the original lawsuit which resulted in the judgment. Feel free to give me a call to discuss this in more detail and review options which may be available to you.

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What is the cost of hiring an attorney for credit card lawsuit in Georgia?

The costs associated with defending this action depends upon quite a number of factors. Additionally, you need to evaluate whether the case should be settled, if possible...and whether bankruptcy should be considered as an option. You need to consult with an experienced attorney to review the lawsuit as soon as possible.

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How do I compose a response to a summons to magistrate court for a suit from a debt collector?

The best course of action is to retain legal counsel to file an Answer and appear in Court on your behalf. Quite often, debt buyers do not have proper documentation to prove that they actually "own" the debt which is the subject of the litigation. Feel free to call me to discuss this.

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Should i file a motion to dismiss?

You need legal counsel to review the entire file and determine if a Motion for Summary Judgment (on your behalf) should be filed. And....you need to notify the three major credit bureaus that you are disputing this debt and that this claim is currently in litigation.

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