Lorinda K. Jones-Lindsay's Answers

My finance co signed a credit card for me. He's filing bankruptcy of other reasons. Can he add this?

Your fiance' can include the debt he co-signed for in his bankruptcy. That may discharge his liability for the debt, however, the credit card company can still pursue you to collect on this debt. You are the original signer for this debt so even after his bankruptcy discharge, you would still be legally liable for the debt. The credit card company can pursue any legally available means to collecting this debt including collections, civil law suit and judgment and garnishment of your wages,...

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My husband and his ex-wife lost their parental rights - does he still have to pay child support.

Some states will continue to accrue child support if a parent's rights are terminated, if they are terminated "voluntaily." This term can be defined broadly and can include mamy types of parental conduct which would result in their rights being terminated. For example, I am familiar with a case where a mom was on drugs and could not get clean. Her rights were terminated "voluntarily" because she could not stop using drugs and thus lost the rights to her children. It is possible that your...

Consequences for 2nd DUI in Michigan

Unfortunately, your attorney can't make this decision for you. There is always a risk with going to trial. You may get the same result as the plea, a better one or a worse result. No one can predict the outcome. Drunk driving cases can be tricky, however, if there was an issue with the Datamaster, that is something that could produce reasonable doubt. In terms of judges being harder if you go to trial, there may be some truth to that. For an OWI second offense, the penalties you will...

My husband filed for an uncontested divorce and I signed the papers but now he won't go to court what can I do now?

If you filed and Answer and Counter-Claim, you can move forward with the divorce based on your counter-claim for divorce. If you did not file a counter-claim but did file an Answer, you may be able to motion the court to ask if you can file a counter-claim for divorce so the case won't be dismissed. Whichever route you take, you will want to make sure that your husband is notified. Also, you will want to act quickly to make sure the case doesn't get dismissed.

What are the criteria for determining "undue hardship" for bankrupting student loans? My husband and I have over $150,000

If the bankruptcy case was filed after October 8, 1998, the loan obligation is not affected by a bankruptcy discharge unless the debtor received an undue hardship ruling from the court. Factors to consider in determining whether the debtor is suffering from an “undue hardship” include whether 1) the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; 2) additional...

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I filed a lawsuit against a company that filed bankruptcy so now they want me to settle for something that's not even worth my

The issue is not whether you have a case since they've filed bankruptcy, the issue is the likelihood that this company can rebound after bankruptcy. If they've filed a Chapter 11 bankruptcy, then their goal is to re-organize or re-negotiate with all of their creditors. Many times, this results in a settlement offer of mere pennies on a dollar. So in this case, you may not get what's owed to you but you may walk away with something. If they've filed Chapter 7 which is a liquidation...

In my divorce decree college tuition and etc are supposed to be covered by him (half of it). how do I get it?

You will likely need to file some type of motion to force him to pay the bills. Check around in your area, you may be able to get a free or low cost consultation to get some advice from an attorney. If you go in for a consultation, make sure you have specific questions you want answered.

During divorce judge ordered certain debts to be paid by my ex-husband. He didn't pay and creditors calling me. How do I stop?

Fair Debt Collection Practices Act (FDCPA) deals with abuse and unfair collection actions. Section 806 deals with harassment. FDCPA can be found at ftc.gov. 40 calls in a single day from one creditor sounds excessive. FDCPA provides remedies if a creditor violates the FDCPA. Additionally, if you and your husband were joint on the debs, despite the judgment of divorce, you may still be legally responsible for those debts. Depending on the amount of the debts, you may want to consider...

I was divorced in Wi in 06 and my ex was suppose to pay me a settlement he still owes me about 8k how do I collect from OK now?

Check with an attorney in the state that you were divorced in. Most courts retain jurisdiction over divorce cases to enforce settlement provisions. You will likely need to file a post-judgment motion to collect the outstanding money. It would not hurt to send a demand letter first before filing your motion. You really should consult with an attorney in the state you were divorced in for more specific advice.

Ex-boyfriend owes me money

Most states allow you to file an action in small claims court if the amount is 2500 - 3000 or less. Check the law in your state to determine if small claims would work for you. Testimony from your father as well as your documentary support, can help bolster your claim.