David Joseph Sokolowski’s Answers

David Joseph Sokolowski

Elkhart Bankruptcy Attorney.

Contributor Level 7
  1. Can child support be garnished from a savings account if the account holder is on SSI?

    Answered about 1 year ago.

    1. David Joseph Sokolowski
    2. Clifford Michael Farrell
    2 lawyer answers

    SSI benefits generally cannot be garnished, even for child support. This is true even after they been deposited into a bank account. Banks, after receiving a garnishment order, now must do an inquiry to determine if the funds in the account may be exempt. It is best to have the benefit deposited directly into an account, and not comingle the benefits with any other funds. That makes it easier to prove the exempt status of the funds in the account.

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  2. I filed BK 8/04 I recently tried to refinance my home I own and have a judgement from 4/04 for a home that was included in BK

    Answered about 1 year ago.

    1. David Joseph Sokolowski
    2. Susan Schmeidler Blum
    2 lawyer answers

    More information is needed. Generally, pre-petition debts are discharged in the bankruptcy unless they are reaffirmed or are non-dischargeable. It sounds like you're talking about a judgment lien, possibly from a foreclosure? Was it the same home you own now or a former home? These are questions that need to be answered. You should set up a consult with a bankruptcy attorney who can determine whether this judgment was discharged and if the lien was properly avoided.

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  3. We accepted settlement for a totaled car from our own Ins Co. Can we now ask for more from the Ins Co. of liable driver?

    Answered 8 months ago.

    1. Philip Anthony Fabiano
    2. Christian K. Lassen II
    3. Zachary Joseph Stock
    4. John L. Schroeder
    5. Miguel Amador
    6. ···
    7 lawyer answers

    Talk to your insurance agent. Many policies have a provision in which your insurance company will try to recover your deductible from the insurer of the at-fault driver. They do this while they seek reimbursement for the amount they paid to you. If your insurance company doesn't do this, you can recover the deductible on your own. You may be able to recover a higher amount for the vehicle, but you will have the burden of proving the value you are seeking.

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  4. If credit card specifically says which state laws the agreement and account are governed by, does this include SOL as well??

    Answered 8 months ago.

    1. Eric Charles Lewis
    2. David Joseph Sokolowski
    3. Peter Walter Weston
    4. Benjamin T G Nivison
    4 lawyer answers

    In most cases, the Indiana statute of limitations is going to apply because debt buyers often cannot produce the original agreement under which you borrowed the money. They may have a few billing statements from the original creditor. Or they may try to enter into evidence a generic Credit Agreement that doesn't have your name, account number or signature on it. Object to it as hearsay and lacking foundation. Follow the attached link to a recent case and read it closely. In debt buyer cases,...

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  5. How can i get my name off a contract if i co sign for someone

    Answered about 1 year ago.

    1. David Joseph Sokolowski
    1 lawyer answer

    You can pay it off. Once you co-sign a contract, you are as obligated on it as the person you were helping. If you weren't, the co-signature wouldn't mean anything to the creditor. If you file for bankruptcy, you can discharge any personal liability you have on the contract. Outside of that, you are just as liable for the balance. If the debtor defaults, the creditor can sue either or both of you for recovery.

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  6. If my spouse and I are joint tenant with full survivorship of our home . Can we do ch 13 bankruptcy and include the home ?

    Answered about 1 year ago.

    1. Susanne Ruiz Rodriguez
    2. Melissa Wimberley Larsen
    3. David Joseph Sokolowski
    4. Dorothy G Bunce
    4 lawyer answers

    A lot depends on how far you are behind on the mortgage, and how much equity you have in the home. If you can get caught up on the mortgage outside of bankruptcy and don't have more equity than the exemptions allow in your home, you may be able to go with a chapter 7 if you meet the income limits. You'll have to tell the court that you intend to keep the secured property, and the mortgage lender will have to agree. Most do. If you're on the verge of foreclosure, you may get stuck going with...

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  7. Our past landlord is taking us to small claims court for money we do not owe.

    Answered about 1 year ago.

    1. David Joseph Sokolowski
    2. Timothy Alan Coe
    3. Brandy Ann Peeples
    3 lawyer answers

    It's odd that your landlord filed this claim in small claims, since what he seeks is $2,000 above what the court can award. It's possible he needs the relaxed evidence rules of the venue to win his claim. You should meet with an attorney who is experienced with representing tenants. You can begin your search for one at the Web site of the National Association of Consumer Advocates at www.NACA.net. Generally, a landlord has an obligation to mitigate damages after a tenant breaks a lease by re-...

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  8. Whats the best case scenario?

    Answered about 1 year ago.

    1. David Joseph Sokolowski
    2. Ronald Lee Burdge
    3. Larry Thomas McMillan
    4. Scott Richard Kaufman
    5. Natan Davoodi
    5 lawyer answers

    You can succeed in small claims court on this claim. The rules of evidence are more relaxed in that venue. You may be able to find other ways to prove the time period. If you paid with a debit card, credit card or check, you can find in the statements when the original transaction occurred. This is evidence in small claims. The key is to make sure you have other evidence to back up all your claims. Have another mechanic look at the car and prepare an estimate. See if he will testify for you at...

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  9. I currently have a garnishment being taken out of my payroll check. Is there a form to fill out asking for an amendment?

    Answered 8 months ago.

    1. Malik W. Ahmad
    2. David Joseph Sokolowski
    3. Brooks James Grainger
    4. Christine B. Adams
    4 lawyer answers

    Creditors can't necessarily garnish the rest of your check. They are allowed to garnish the lesser of: 25% of your disposable earnings, or the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage. But garnishment is not a guaranteed right for the creditor. A judge can garnish less than the amount the law allows if he believes it is too much of a hardship for the debtor. This was confirmed in a Court of Appeals judgment earlier this year. Follow...

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  10. What are my options. I'm a federal employee and just recieved summons for educational loans that I co signed.

    Answered about 1 year ago.

    1. David Joseph Sokolowski
    2. Alan James Brinkmeier
    2 lawyer answers

    Co-signing the loans means that you are as legally obligated to repay them as your son is. Student loans are generally non-dischargeable in bankruptcy unless you can prove an extreme financial hardship. That's very difficult to accomplish. Your question does not indicate whether the loans are federally guaranteed student loans or private student loans. This is important since you soon will be retiring from civil service. Your federal retirement benefits are generally exempt from garnishment...

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