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Steven Davis’s Answers

116 total


  • How do I stop a wage garnishment?

    My boyfriend(also the father of my 2 year old daughter) has been getting garnished for the past year and a half. Technically speaking he makes 12.50/hr but with them taking 25% of his checks each week it seems like he's making minimum wage.He only...

    Steven’s Answer

    Generally, the only way to stop garnishments if to pay off the debt, come to an agreement with the creditor or file a bankruptcy. That having been said, the suggestions by the other attorneys give some options that should be explored. I would urge that an appointment with a competent bankruptcy attorney be arranged.

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  • How do I get my judgement from the person that owes it if I can't find them?

    I allowed a girl to live wit me , she left owning rent & bills, I took her 2 court & won my case, & I still have not received any of the money. It has been round 4 years now. I want my money from her its a 10% increase each year she doesn't pay w...

    Steven’s Answer

    Getting a judgment does not necessarily get you the money. If the judgment debtor does not pay voluntarily, it is up to you to collect, through garnishments, attachments, levies, liens and other executions. In order to do this you must know where the person lives. A collection attorney in your area should be able to help.

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  • Can a car dealership garnish tax refund

    I voluntarily took back a truck to integrity auto because I couldn't afford the payments any longer due to some issues and they have reported on my credit as volunteered repossession and I have a large sum of money deducted from tax return with t...

    Steven’s Answer

    What the others have said is correct. General creditors can not reach a tax refund. Once it is in a bank account, a creditor with a judgment can, however, reach it.

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  • If my father passes with car/credit card debt that he is the sole signatory to, will my mother be liable for his debt?

    If my father passes with car/credit card debt that he is the sole signatory to, will my mother be liable for his debt?

    Steven’s Answer

    She would not be liable on the credit card debt, under most circumstances. She would not be liable on the car loan, but if she wants to keep the car, the loan would have to be paid.

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  • Can I file bankruptcy on maintenance fees for a time share?

    My husband and I purchased this time share in 1998 for $10,000. He died three years ago and I can't afford to travel or pay almost $1,000 a year for maintenance fees.

    Steven’s Answer

    What is currently owed can be discharged in a bankruptcy, but as long as you own the time share, they continue to accrue. Those that accrue after the bankruptcy would still be your responsibility.

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  • What will happen to my house?

    Recently divorced. husband signed quit deed form . divorce decree stated that i had to modify mortgage. i did that and now because he's still on mortgage he is going to file bankruptcy . am i going to loose my house even though my mortgage is curr...

    Steven’s Answer

    Because you received the house in the divorce and it was deeded to you by your ex, the house should not be a part of your ex's bankruptcy. It also appears that he may no longer be obligated on the mortgage due to the loan modification, so the lender should not be concerned about that. If he still is obligated, the fact that you are making the payments should satisfy them. You may wish to consult with a bankruptcy attorney to review the facts and documents to make certain as to where you stand.

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  • Can the Bank take money owed for a judgement under an old business name from a totally different new company name's busines acct

    I am currently a 75% shareholder on a business that i do banking with, well i had the other 25% shareholder who is not a signer on the bank account file a suit against this current business and me personally. A judge granted a temporary order to f...

    Steven’s Answer

    To fully answer this, more information would be needed, but based on the information that is here, it may be that the new business has some exposure. I would recommend consulting with an attorney who can more fully investigate the matter.

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  • Can my employer garnish my wages without tell me first

    I got my paycheck and there were 2 garnishment without any notification

    Steven’s Answer

    Your employer was under a court order to take those funds. You should have gotten notice from the creditor and the court before any of this happened. If you were not so notified, you may have actions that can be taken against the creditor, but not your employer.

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  • Judgment exemptions in new york for automobiles

    if i own a car free and clear of liens and the value is less than the $4000 exemption am i at no risk of repossession? there is a large credit card judgment against me

    Steven’s Answer

    Repossession is only a remedy for a lien holder and the exemption would not apply to a lien holder. A creditor, such as a credit card debt, would be able to get a judgment and, through execution, have court officers take the car in satisfaction, The exemption would come into play then, but you would likely have to prove the value of the car to demonstrate that it is exempt. Otherwise the car could be sold. You should seek an attorney to discuss your options.

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  • I have a judgment against me for a debt I believe I already paid. Can I fight this? Or is a judgment final?

    The law office sent a letter asking if I owed the debt. I didn't respond because I thought it was a scam. I think I already paid this. I was given no court date to fight it, just received the judgment. Now I have a notice to set up payment arr...

    Steven’s Answer

    If the creditor already has a judgment, it can be disputed if it was paid, but it is much harder. You should speak to an attorney as soon as possible to discuss your options.

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