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Mohammad Ahmed Faruqui

Mohammad Faruqui’s Answers

100 total


  • Received a summons with no court date, no court address and no case number, for a credit card debt.

    This is for a credit card debt that is over 3 years old but not 6. The collection agency is asset acceptance and are represented by a law firm in belleview wa. the summons is dated 10 days ago and was hand delivered. if this summons is not...

    Mohammad’s Answer

    Before you jump to FDCPA, check whether Paula's advice applies in your situation. If it is a Washington state law firm and her advice applies, look for some other hook to apply the FDCPA. Perhaps the collection lawyers not licensed to practice law in your state?

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  • I have delinquent fed income taxes + defaulted student loan. Does the IRS take 15% each for a grand total of 30% off my SSI?

    My delinquent fed taxes are less than 10 yrs old.

    Mohammad’s Answer

    1) You said your delinquent taxes are less than 10 years old. If the tax debt was for tax years that were more than 3 years ago AND if you were assessed for those tax years more than three years ago, then you may be able to discharge those tax debts in bankruptcy right away. There are a few other conditions that will have to be met as well.

    2) If the assessment letter from the IRS was less than 3 years ago, then you may have to wait long enough to make those assessments at least 3 years old before filing for bankruptcy relief.

    Last) You need an Arkansas attorney to help you determine whether your Social Security Income is exempt from creditors under Arkansas law or bankruptcy law as applied in Arkansas.

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  • I did file my rehearing on time.whay is next step to keep ptocess gping forward

    i didfile rehearing on time. what is tje next syep if judge deny my requesy.if i appeal before 30 days time frame can i keep process on goinh and avoid the judge decission? whst os going to happen if i do notobey the devision? tjank you

    Mohammad’s Answer

    There is not enough information here at all to competently answer your question. It sounds like you are facing a tight deadline. You should download the latest Florida Rules of Appellate Procedure and figure out how to file an appeal. Remember, you will pay a court filing fee for the appeals both to the lower court and to the appeal court. You will also have a short deadline to file your initial appellate brief . Good luck.

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  • If your bankruptcy has been filed can u be arrested for a car that the creditor doesn't want to take back?

    i am moving back to GA for employment and the creditor put a warrent out last year for a car they refused to come and get and bankruptcy has been filed already so I need to know do I have any rights?

    Mohammad’s Answer

    Was there really a "warrant" out for your arrest or did the debt collector illegally say to you that there is a warrant out for your arrest? If the latter is the case, then the debt collector may have violated the federal Fair Debt Collection Practices Act and/or the Florida Consumer Collection Practices Act. Unfortunately, your question makes it very unclear what is really going on.

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  • STATE OF FLORIDA: Chapter-7 Bankruptcy, Re: Auto and Asset Exemptions l

    I've heard that the exemption for the value of an auto has been raised from the longstanding amount of $1,000. If so, what is the current limit? Also, I've heard that the exemption for the value of other assets (not including auto) is now $...

    Mohammad’s Answer

    The automobile exemption is still $1,000 for one vehicle. If your married, the spouse's vehicle also has a $1,000 exemption. The $4,000 wildcard exemption on any property applies only when you do not have a homestead residence or are surrendering property that was previously your homestead. However, in some bankruptcy courts of Florida, this $4,000 exemption (per spouse) is in addition to the normal $1,000 per spouse exemption on "any property" other than automobiles. Other bankruptcy courts of Florida previously ruled that the $4,000 was instead of the $1,000, but it is unclear whether they will rule the same way in the future.

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  • Not sure what route to take if file for a Bankruptcy now, later or never?!?!

    I am unsure if I should do a Ch.7 bankruptcy, I am scarred being something new to me & making such a big impacting decision, as well the thought of being left vulnerable to not having any credit afterwards. My association bought my property & soon...

    Mohammad’s Answer

    If you are really on the fence about filing now versus filing later, then no attorney can advise you without examining your assets, liabilities and other financial information more closely.

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  • Can a party in default be made to answer discovery?

    I sued two former partners for breach of loans. One partner appeared in case and the other has not. I entered default against non- appearing partner. One of the cause of action I asserted was fraudulent transfer between two former partners. On...

    Mohammad’s Answer

    Your lawyer friend is right. The defaulted party cannot participate in the litigation. The only time you can perform discovery is a post-judgment discovery in aid of execution in order to find out what assets the defendant has.

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  • I recieved a summons on Friday to come to court the following Monday do I have to show up although my rent have been paid

    I just think its a waste of time

    Mohammad’s Answer

    It's better to go in case the landlord is dishonest.

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  • If I posted information about my case on here. But excluded my name case number could it still be incriminating our hurt my case

    If I posted information about my case on here but excluded my name and case number could that still be incriminating

    Mohammad’s Answer

    If you are asking this question then you probably know the answer.

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  • Is a board member allowed to purchase a condo owned by the association? The association won the bid on a foreclosed condo.

    The property has not transferred title to condo association yet

    Mohammad’s Answer

    Regardless of all the safe-guards such as arms length transaction, fair market price, advertisement in the open market, there is still the perception of impropriety.

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