Martin M. Holmes’s Answers

Martin M. Holmes

Muskegon Bankruptcy Attorney.

Contributor Level 5
  1. Can I get sued or taken to jail for not paying a payday loan in Texas?

    Answered 3 months ago.

    1. Mark Allen Land
    2. Martin M. Holmes
    3. Bruce Ward Bain
    4. Stacey Marc Barrus
    4 lawyer answers

    Threats to have you arrested are a blatant violation of the Fair Debt Collection Practices Act! Identify the caller, and contact a lawyer that handles FDCPA claims. You can also report the collector to The Federal Trade Commission and the Attorney General in your state. The FTC has gone after several Pay Day Lenders and debt collectors for just this sort of thing.

    5 lawyers agreed with this answer

  2. Savings account garnishment question

    Answered 3 months ago.

    1. Martin M. Holmes
    2. Stuart M Nachbar
    3. Richard Glenn Elie
    3 lawyer answers

    There are specific reasons that will allow a court to sustain an objection to garnishment. For example if all of the funds in the account were from social security it is not subject to garnishment. If the debt was discharged in a bankruptcy, or if there is a pending bankruptcy the funds are not subject to garnishment. If no bankruptcy has been filed. Filing a bankruptcy may help by discharging the debt and other debts, You may be able to recover the funds that have been garnished if it is over $...

    2 lawyers agreed with this answer

  3. After bankruptcy, 2nd mortgage question

    Answered 3 months ago.

    1. Kurt A. O'Keefe
    2. Matthew Scott Berkus
    3. Derek R. Caldwell
    4. Michael J Corbin
    5. Martin M. Holmes
    5 lawyer answers

    You don't provide enough information to properly answer your question. If you filed a Chapter 7. Mr. O'Keefes, answer is correct. if you filed a Chapter 13, how did the plan treat the 2nd mortgage? Did it strip the lien? If so your plan likely provided that the lien holder needs to file a discharge of the mortgage upon plan completion or discharge and normally provides an alternate method of discharging the lien in the real estate records. You need to take your bankruptcy papers to an...

    2 lawyers agreed with this answer

  4. Can I discharge debts incurred during marriage after I get a divorce

    Answered about 6 years ago.

    1. Martin M. Holmes
    2. Jeff Adrian Biddle
    2 lawyer answers

    The answer is Yes. but with an important qualification. You can file a bankruptcuy and discharge marital debts. However A divorce does not alter any rights between a creditor and the debtor. It does however settle wrights between the divorcing parties. A bankruptcy after a divorce will discharge your debts owed to the creditors but will not discharge any liability your spouse has for those debts. Therefore any creditor to which he or she is indebted will not be barred from filing a claim...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  5. What should I do if I received a court summons for a credit card debt and asked to file a written answer with the court

    Answered almost 2 years ago.

    1. Martin M. Holmes
    2. Tara E. Nichol
    3. Reese Serra
    3 lawyer answers

    I do not have sufficient information from your question to give you proper legal advise. You should contact an attorney arrange a consultation and get advice for your specific situations. You may have defenses to the law suit or you may not. If you file a written answer you will have a chance to have the courrt determine if your defenses are good or not. some defenses must be raised in the first answer or they are waived. if you do not file an answer the plaintiff will be able to obtain a...

    1 lawyer agreed with this answer

  6. Can my wages be attached for a credit card that has been delinquent for over 6 years?

    Answered 3 months ago.

    1. Sarah Poriss
    2. Dorothy G Bunce
    3. Waymon S. Harrell
    4. Michael Christopher Burr
    5. Michael J Corbin
    6. ···
    6 lawyer answers

    It depends on the law of your state. What are the statute of limitations and how is it raised? Typically wages can not be garnished or property seized until after a judgment. In order to obtain a judgment you first need to be served with a summons and complaint alleging the debt. In Michigan the statute of limitations is 6 years. It is raised as an affirmative defense. If you don't answer a complaint and raise the defense you lose the right to do that in the future. Has a judgment entered...

    1 lawyer agreed with this answer

  7. Would chapter 7 be a wise option if I'm going to be divorced or legally separated soon and my wife will be living in the house

    Answered 3 months ago.

    1. Robert Ricci
    2. Shelley Ann Elder
    3. Tony Anthony
    4. Blake Owen Brewer
    5. Martin M. Holmes
    5 lawyer answers

    A chapter 7 bankruptcy will not discharge child support or spousal support. It will discharge your personal liability to creditors. It will not remove liens such as a mortgage. If you file an individual bankruptcy it will not discharge personal liability your wife might have to creditors joint creditors. If the divorce assigns a debt to you, and you later file bankruptcy you might be off the hook to the creditor but if your wife is jointly liable they can seek recovery from her. If they do,...

    1 lawyer agreed with this answer