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Guy Thomas Conti
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Guy Conti’s Answers

46 total


  • Supposedly down as authorized user on cable bill that ex husband did not pay. I am being told I am responsible for debt.

    I know that authorized users on credit cards are not responsible, does same hold true for this situation?

    Guy’s Answer

    This depends on the law in your state. Some states subscribe to the "doctrine of necessities" which states that spouses are responsible for the debts of their spouses that were incurred for life's necessities. You should check to see if New Jersey subscribes to this doctrine. Moreover, whether the cable bill (did it include telephone service?) would qualify as a necessity is questionable.

    Another thing to check into is if your state considers cable service a utility. Many states have utility laws that make co-residents liable for utility bills even if they did not explicitly agree to be bound to the debt.

    Finally, of course, if you agreed to be bound by the debt you would be responsible.

    Authorized users, in and of themselves, are not usually liable for the account holder's debt.

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  • How to respond to Objections to Debtor's Claim to Exemptions by Trustee?

    I did an in pro per chapter 7 bankruptcy. I made a mistake on Schedule's A and C and listed the property as JTWROS when it should have been Fee Simple because my husband owned the property as himself, a married man. I also claimed more of an exemp...

    Guy’s Answer

    As a general rule, it is never a good strategy to not respond to an adverse motion or objection unless you agree with the relief requested by the mover/objector.

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  • If I get married, can a creditor attempt to collect a debt that I incurred before the marriage from my spouse?

    The debt was incurred before the marriage. Some are student loans. Can they attempt to collect this trough wage garnishment or tax intercept if filing separately from my new spouse?

    Guy’s Answer

    The answer is generally "no." Be careful about putting money in a joint account, though.

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  • Can my withdrawal from my Texas teacher retirement be held due to a judgement filed for a defaulted student loan?

    I have been making the agreed voluntary payments for five years now.

    Guy’s Answer

    Are the student loans private or government-backed? As a general rule proceeds from qualified retirement plans *and social security) are subject to a 15% garnishment for government-backed (federal) student loans. The limit for private student loans is governed by your state's collection law.

    If you are in an agreed-upon payment plan it is likely there will be no additional collection action.

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  • If i play in a poker tournament during a bankruptcy and profit from it will that money be taken by the trustee or is it exempt?

    All casinos make you fill out a tax form and take taxes from the prize money so it will be known to the irs.

    Guy’s Answer

    With the exception of proceeds from death or divorce/separation, a Chapter 7 Bankruptcy Estate is created at the moment of the filing of a voluntary petition. Anything won or earned after the filing of the petition belongs to the debtor. In Chapter 13 the winnings would be property of the bankruptcy estate and, to the extent they are disposable income, should be contributed to the Chapter 13 plan.

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  • Can a company put a minor in collections for a medical bill?

    ambulance bill was sent to my child instead of me and I asked them to send the bill in my name and they told me it already went to collections

    Guy’s Answer

    This is a function of state law. However, a general rule is that a non-emancipated minor may not be held liable at contract for any contract entered into non-fraudulently. Further, I assume the minor child never even entered into a contract. Although, in theory, someone can be held liable for services received without the existence of a contract (this can be either quantum meruit - meaning the value of the thing - or unjust enrichment), minors are normally not held liable under these theories. In most states, including, to my knowledge, Colorado, parents are liable for their minor's medical debts.

    I strongly recommend seeing a consumer protection attorney.

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  • Can an individual have someone's wages or tax return garnished for nonpayment of a personal loan?

    We loaned a friend money. We have a notarized loan document with an amortization schedule. They have refused to make payments in several years. Can we sue them and get their wages or tax refund garnished?

    Guy’s Answer

    Whether someone can garnish your state tax refund is a matter of state law. In Michigan, they can. However, no one can garnish your federal tax return except the federal government, state governments for child support and spousal support, and some other minor exceptions.

    Of course, if someone obtains a judgment against you and the judgment is not satisfied then, as long as your state permits it, they may garnish your wages. How much they can take also depends on state law but in Michigan it is 25% of the net after taxes but before other deductions.

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  • A creditor's lawyer sent me a letter saying they are going to sue me.

    I just received a letter from my creditor's lawyer stating they are filing a lawsuit. I do not have the money to pay, but I have money in my 401K. However, my employer needs a letter from a lawyer or consumer credit agency stating I need so much...

    Guy’s Answer

    Withdrawing money from a qualified retirement account to pay off credit card debt is a dubious proposition, at best. There are many variables that must be considered in making such a decision including, but not limited to, the availability of bankruptcy relief for you, the amount of the credit card debt, the amount of other debt besides the one credit card, your age, your income, the amount of money in the retirement account, etc. This is not a decision you should make without speaking to a bankruptcy attorney.

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  • Statute of limitations regarding a 30+yr. old credit card debt from a now defunct bank . We reside on L.I. in NY.

    Contacted ( out of the blue )by a "Mediator" re: a credit card debt from at least 30 years ago, under my wife's former married name. They mentioned she is still responsible for debt and there is no statute of limitations. They would not provide an...

    Guy’s Answer

    You need to contact a NY lawyer but there is nothing special about credit card debt in terms of statutes of limitation. Statutes of limitation can be a very complicated area of the law (though it seems simple on first glance). Whether they reported the alleged debt to the credit reporting bureau or not does not affect the validity of the debt.

    While I do not know NY law, it seems to me the statute of limitation on breach of written contract is likely a whole lot less than 30 years.

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