Gary H. Baker's Answers

Received notice to appear for pretrial conference/mediation on a Cap One credit card under $6,000 in Broward County Florida.

You should definitely consult with an attorney, and it would be best to select an attorney that practices in both the areas of bankruptcy and representation of consumers in collection actions. Depending on the extent of your overall debt, it may be advisable to have your attorney negotiate a stipulated payment plan for the credit card debt, or if you have significant other debts to prepare for a bankruptcy filing.

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Can my ex-husband sue me for a credit card bill that was in both of our name even though the bill have been paid out,and we live

You should first determine if this issue was addressed in a marital settlement agreement. Unless he accepted responsibility for paying the charges on this credit card, he can sue you for your share of the bill.

2 weeks till close on short sale. Tenants not leaving-eviction process-nonpayment

The seller will need to be able to deliver possession of the premises to the buyer, unless the buyer accepts the tenancy of the party possessing the property, which the buyer would be ill-advised to do. The title company will not be able to insure this transaction, unless the matter is resolved. It would be wise to make sure that the lender approving the short sale is kept advised of the efforts to evict the tenant and the likely delay in closing.

Hello. I don't qualify for the home modification program because I don't make enough money. My loan was referred to a lawyer.

It sounds like you have received form letters that attorneys for lenders often send pre-foreclosure. The fact that the letters may have misstated the amount of the debt is not legally determinative. The lender will have the opportunity to establish the amount of debt owing. The letter could be offered later as evidence, but it would not be very persuasive. The thing to remember is that when you get served with the foreclosure complaint, you will have only 20 days to respond, and if you...