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Sergio Cabanas
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Sergio Cabanas’s Answers

342 total


  • Can a collection agency come after me for my fiancé debt when we get married?

    I am engaged and my fiancé has a lot of student loans in collections and one credit card. If we were to get married, can they go after me? All of our assets are under my name; can they go after my home, car, etc.?

    Sergio’s Answer

    As you can see from the responses, the overall answer is that creditors cannot come after you for your fiance's debt. However, you can get caught up in the "cross fire." It advisable for you to see an attorney for simple counseling to vaoid being involved in your fiance's debt problems. This simple investment will more than pay for itself as it will help you avoid problems in the future. If done right, you can enjoy all of the good of developing your relationship with your fiance, without any of the risks. Good luck!

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  • Can a law firm come after me for a car that was Repossessed more than 8 years ago?

    Every 3 years a law firm wants my info to collect on a debt over 8 years old.

    Sergio’s Answer

    As you can probably tell from the responses here, much depends on whether the creditor obtained a judgment. If so, you can implement your rights to thwart their attempts to collect. If not, if you have not made any payments in the past five years, you would have a powerful defense (Statuts of limitations) against any furhter liability. I would also agree you should consult an experienced debt defense attorney to help you develop a strong defense strategy. Many of us offer a free offer a free initial consultation. Best of luck to you and your family!

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  • Civil lawsuits

    Someone suing me for $150,000. If that person wins, can he actually get money from me when my income is from VA & SSDI? can the judge garnish my car and other tangible goods when those money that was used to purchased those items came from my disa...

    Sergio’s Answer

    I agree with the repsonses to date, including the fact that the time has come for you to meet with an attorney to discuss asset protection and/or bankruptcy protection and/or collections defense. You have already recognized the fact that this matter has become serious and cannot be ignored. Most attorneys offer a free consultation and in the event legal servies are required, I think you'll find that the investment in such fees may more than pay for itself. Good luck to you and your family.

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  • Hello I have a lawsuit for a credit card debt against me . I need help

    It's a judgment from a collection agency

    Sergio’s Answer

    It's difficult to ascertain from your question whether a lawsuit is being initiated (in which case you may have defenses) or if there's already a judgement (where wyou still have legal options, such as defending against collections and/or bankruptcy or settlement). I'm sure you can see the commonality in most of the responses is that you have options, and an attorney can help you develop a strategy. The fact that you have already taken the first step by seeking help shows you on your way to finding solutions. Most attorneys offer a free initial consultation and if you decide to hire an attorney, you will probably find that your investment in your attorney will more than pay for itself. Good luck!

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  • Can collectors still call if they are garnishing me?

    I have been being garnished for around six months. Out of no where, the collectors that are garnishing me are now calling constantly calling wanting to set up new payment arrangements to "get my loan out of default". I said not interested and they...

    Sergio’s Answer

    I'm sure you can tell from the responses here that we are all struggling with answering your question and the fact remains we need more facts. This online forum is no substitute for meeting with an attorney who can ascertain all of the information needed to provide you with a proper opinion and provide you with the best options. Most attorneys offer a free inital consultation and, in the event you need any additional services, I'm sure the minimal fee for the service will more than pay for itself by ridding yourself of this nagging problem. I hope everything works out or you. Goodl uck!

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  • I am being sued by a collection agencey. I appeared at the hearing and I denied owing them I requested descovery. The judge gave

    Them 10 days before trial to get me my discovery info it is now past that 10 days and I still have not received the info. Should I still appear at trial or should I right to the judge requesting a dismissal.

    Sergio’s Answer

    For me, it's difficult to answer this question without knowing what the judge said at the hearing, and whether the judge inserted any language to that effect in an order, especially if you have not filed any requests for discovery. Your question does suggest, however, that you have correctly idenitified a possbility of getting this case dismissed. I would strongly suggest that you retain an attorney to make sure you don't miss this opportunity.

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  • The defendant, by motion, may obtain the dissolution of a writ of garnishment ??? This is to be my case?

    My Bank garnished my account at Citibank , with a Writ of Garnishment . The name on the Writ is - Laszlo A Keresztes -, and my name is Laszlo Lajos Keresztes. I'am not the debtor of a debit for more than 20 years and 9 years from Judgeme...

    Sergio’s Answer

    I would recommend that you retain an attorney who can contact the creditor first to explain the situation. Your attorney should charge you less for providing this service to keep your fees to minimum. The creditor may agree to dissolve the garnishment without your having to hire an attorney to file the motion and go to a hearing. If the creditor refuses to dissolve the garnishment, then hire an attorney to file the motion as needed. As a final note, I would not recommend that you speak with the creditor because anything you say can and will be held against you. Good luck!

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  • Did the plaintiff's attorney violate the law in my wage garnishment?

    I recently filed a head of family exemption and request for a hearing due to  wage garnishment. I did not receive the "notice to defendent" just a notice of garnishment. So I called the plaintiff's attorney.Furthermore I had no knowledge of the ex...

    Sergio’s Answer

    Judging by your question, you have astutely noticed that they "were trying to
    pull something over you" and your instinct prompted you to reach out for legal advise. All very well done. and I commend you for that. However, I agree with the responses above that, unfortunately, this case has risen to a difficult level where a knowledgeable attorney can help you. You may find that a small investment for attorney representation will more than pay for itself with the benefit you will receive.

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  • What is the sequence of events after a final foreclosure judgement is recorded?

    “I am interested in purchasing a property in the Tampa Bay area that is to go to a foreclosure trial in mid-April (2015). What is the sequence of events after the final judgement is recorded? Does the property have to go to auction? Can a private ...

    Sergio’s Answer

    If you are truly interested in the property, the best way of acquiring it is by offering a contract to buy it directly form the owner before the forcelosure sale. I would approach them right now, and make an offer. You can get a better deal that way, for many reasons. That way you start taking control of the property before anyone else does without any compentition. It would be helpful to have a knowledgeable attorney help you through this process. Good luck!

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  • Awarded a civil judgement from a Business that claimed bankrupt yet opened same buss under different name but same owner

    BRADENTON FLORIDA manatee count clerk of court judgment award 2009-CA-1021

    Sergio’s Answer

    I agree with the responses here. It is possible to pursue your judgment against the new corporation, but much depends on many factors, such as whether the new corp has the same officers as the old one, same corporate address, etc. It'll have to be litigated. Also, a lot depends on the amount of judgement and whether it's worth pursuing from an economic standpoint. If it is worth pursuing, consult with an attorney who can review the specifics of your case and provide you with a proper opinion. There's only so much we can do with this online forum with limited information.

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