Donald Edward Petersen's Answers

Post Forclosure Deficiency Judgment in Florida after Bankruptcy

If you filed Chapter 7 and did not reaffirm the mortgages you owed, your discharge includes the debt on the mortgages. Assuming that the mortgage companies did not file an action to contest your discharge (which is a rare event), your discharge includes the mortgage obligation. Obviously, the discharge does not eliminate the mortgage lien. Ninety days after you file bankruptcy, the automatic stay which protected your home expires. After the automatic stay expires, the mortgage company can...

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Civil Action Summons after Chap. 7 BK was discharged

I respectfully disagree with Mr. Hankins because the debt appears to be secured by a mortgage on real property that you surrendered. The secured lender can foreclose on the land in order to clear the title. I would file a response with the state court (copy to the bank's atty) stating that : (1) I filed bankruptcy and discharged this debt; (2) any judgment in this case should expressly state that no personal judgment shall be had against me. (For example, if the bank obtained relief...

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I was sent a letter from Asset Acceptance stating that I owe 1800.00. The original account was from a health club membership.

I'll assume that "from 20 years ago" means what I'd think it means --- you haven't paid anyone any money towards this account in 20 years. If so, here are some pointers to get you started while you are waiting to speak with a Florida lawyer. (1) In an abundance of caution, check your credit reports just to make sure that no one has "re-aged" the debt. (See link below re : Zombie debts). (2) Log the calls. (A call log instructions and the logs are available on the tool bar on the link below)....

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Can creditors garnish savings bonds.

OP : Exemptions from garnishment or seizure by creditors can arise under federal or state law. The list of financial assets which are generally protected from creditors by Florida law is attached below.7 Florida law exempts many types of financial assets without limit as to the amount. Unfortunately, savings bonds are not one of the categories exempt under Florida law. Nor am I aware of any exemption under federal law.

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Can a credit card debt be collected from a federal retirement check, a county retirement check, and or a social security check?

I would need additional information. You would also need to take action(s) to protect your rights. You could lose your rights by not carefully segregating your funds. So long as the retirement checks are from an ERISA Qualified Plan, they're exempt. The county pension and the S.S. are also exempt. But, you need to protect the exemptions. Read everything you receive from the Court if they sue you! (You'll have only a limited time to claim assets as exempt if they obtain a judgment...

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Sister mentally ill and credit card debt

During the go-go 90's, credit card companies began soliciting mentally disadvantaged consumers as the "final frontier" in the U.S. market. (They'd pretty much tapped out the college students for their future earnings.) I regret to hear that you (and your sister) are having to deal with this. Without additional information, I could not provide you legal advice. I believe there are a few general things that you might find beneficial: (1) your sister probably doesn't have the mental...

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Credit Card reduction - Lifeguard Financial settles credit card debt.

I am not familiar with Lifeguard Financial and my comments are generic to the industry and not directed specifically to Lifeguard. You can probably do anything a debt settlement company could do for you at far less cost and less risk. Debt settlement firms charge substantial fees up front and do not distribute any money to your creditors until after they receive their front end fees. At least one major credit card issuer will sue you IMMEDIATELY if they receive a letter from a debt...

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Medical debt - collection agency asking for money even though hospital mailed statements to me with $0 balance.

Charging off or writing off the account does not extinguish your obligation to pay the account. So, unless there are facts you do did not include, the collection agency can attempt to collect the account. The collection agency can contact you but must comply with the Fair Debt Collection Practices Act ("FDCPA") when they attempt to collect the account. Assuming the hospital was located in Florida, the debt collector could still sue you to attempt to collect the account.

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Debt is from College tuition in Michigan, can collection agency collect $3000 on top of what I originally owed the college?

I recommend that you consult with a Michigan attorney who represents consumers in FDCPA actions. Typically, interest is allowed only when authorized by contract or statute. A Michigan attorney will need to review any documents that you signed and interview you to obtain additional information in order to evaluate your rights. (Try www.naca.net) P.S. I'm struggling to come up with the $ 3,000 in additon to the $ 4,000 if interest can not be charged. Good luck.

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Can i be sued for credit card debt after the statute of limitations has passed?

In order to evaluate whether the debt collector violated your rights under the federal statutes, I would need additional information. Just because an account does not appear on your credit report does not necessarily mean that it time barred under state law. I recommend that you consult with a Massachusetts consumer attorney whose practice includes representing people in collection defense actions and the Fair Debt Collections Practices Act. You may (or may not) have have a complete...

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