Kevin W. Chern's Answers

What if the baby mom send a e-mail saying she doesn't want child support from the father, can she still get the child support???

Child support generally cannot be waived. The right to support from both parents belongs to the child, not to the custodial parent.

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If not read miranda rights when arrested can the case be dropped?

There is a lot of confusion about Miranda warnings and the role they play in an arrest. Generally, law enforcement officers are required to read a person in custody the Miranda warnings before questioning him. If they fail to do so and there is no relevant exception to the requirement, then any evidence gathered during the questioning may generally be suppressed (kept out of court). That generally doesn't mean that charges have to be dropped, only that evidence collected illegally can't be...

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If only one spouse files for bankruptcy is the spouse that didn't file responsible for the debt

Generally, when two parties are obligated on a debt and one of them receives a bankruptcy discharge, the other party remains liable for the debt. However, there is a phenomenon that occurs in community property states whereby the debt, although theoretically still valid as against the other spouse, is uncollectable as a practical matter so long as both spouses are alive and remain married. This occurs because any assets from which the other spouse might be able to make payment of the debt are...

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My boyfriend violated probation by getting a second DWI do you think he will be reinstated and have to serve in jail

You should definitely be talking to a local criminal defense attorney as soon as possible. Probation violations generally do not require the same level of proof that is necessary to secure a criminal conviction, and second offense DUIs generally carry heavier penalties than first offenses, so you have two separate issues to contend with, either of which could have serious consequences. </br>It's not clear whether you mean that your boyfriend wasn't given a breathalyzer test or wasn't...

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What can I do to get ex-boyfriend to pay me back the money he owes me, debt collection procedure in HI

In fact, even taking legal action is no guarantee that you will "get your money quickly". You may be able to get a judgment in small claims court pretty quickly, but does your ex have assets from which to satifsy the judgment? Does he have sufficient wages that a garnishment order would cover the monthly payments you need to make? If you enter into a payment agreement on a judgment, he might still miss payments, and although you would have some additional recourse, it wouldn't guarantee...

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Can I collect damages from a wrongful death lawsuit if the defendant is not insured?

As the previous response points out, the ability to collect damages hinges on whether or not there are assets to collect from. Where there is insurance, to that question is clear...at least to the extent of coverage. Where there is no insurance, more analysis is required to determine whether or not there are assets that would be subject to collection. Because each state offers various exemptions to protect certain property and has different rules about how jointly held property is treated...

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I cosigned on a car loan for my ex-boyfriend how can I be removed from the loan

This question arises often, which goes to show how much more people really need to understand about co-signing before they sign on the dotted line. It's a legal commitment to the finance company, just as if you'd taken out the loan yourself. You have recourse against your ex-boyfriend, but unless the finance company voluntarily agrees to remove your name from the loan (and why would it, since the very reason they asked for a co-signer was so that they've have someone more reliable to collect...

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Debt collection lawsuit, do we need to hire an attorney

There is a lot of information missing here, but based on what you've said it would be in your best interests to consult with an attorney. You didn't mention an amount, so I don't know whether the case is in small claims court or in the regular circuit court; procedures are somewhat relaxed in small claims court, but if the case isn't in small claims court and you proceed without an attorney, you will be expected to be familiar with all of the procedures, deadlines, filing formats and...

Being sued by 3rd party collection agency

Although a creditor may garnish wages or property to satisfy a judgment, Illinois law places limits on that ability. For instance, a wage deduction cannot exceed the LESSER of 15% of your gross pay or 45 times the Illinois minimum wage (currently $7.75/hour, or just under $350/week). Any income below that threshhold is protected. Likewise, exemptions protect certain other property, including a $4,000 "wild card" exemption that can be used to protect cash or other property that doesn't fall...

Collector refuses to settle debt, is bankruptcy my only option?

Before you make a decision about how to proceed, you should learn more about the wage garnishment laws in your state. I am not licensed to practice law in your state, but I can tell you that federal law limits garnishment in most cases to 25%--the exceptions are for things like child support. Thus, if 25% is the maximum allowable and it's already being deducted, a second order could not increase the amount of the deduction, only the duration of the deductions. Many states also have a...

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