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Steven Davis’s Answers

119 total


  • What can I do about getting a law firm to release a writ of garnishment?

    Can I speed up the process of removing the "writ of garnishment" by faxing my NOTICE OF BANKRUPTCY CASE FILING directly to the law firm that is representing my creditor, and who subsequently is responsible for petitioning the court for the writ in...

    Steven’s Answer

    I agree with the comments above, but would also add that if you have an attorney for your bankruptcy, you should turn the matter over to him/her.

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  • Should I stop paying on my credit cards 90 days before filing

    Credit cards payment

    Steven’s Answer

    If you are certain that you will be filing, and there will not be a substantial delay in doing so, there is probably no reason that you should continue paying. This is a question better addressed by your bankruptcy lawyer, however.

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  • Are credit card statements with my name and address enough evidence to make me responsible for a debt?

    Being sued by a Discover Bank lawyer. I've been told by another lawyer that the statements are all the court needs to consider the debt validated. Is this correct?

    Steven’s Answer

    The statements are probably sufficient to establish a "prima facia" case but there may be defenses to their action. These could include issues as to whether you, in fact, applied for the card, it the card was lost or stolen, or other issues that may cast doubt on your owing the debt. I would suggest meeting and discussing this with a debtor's rights attorney to see if you have defenses.

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  • 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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