Skip to main content
January Michelle Bailey

January Bailey’s Answers

4 total

  • Is court notice on credit debt considered delivered or not?

    I had a messenger dropping by today, asking for Amika Klller. I told them there is no Amika Keller here, than messenger said, you are Amika and dropped a letter under my feet walked and away. I sad one more time there is no Amika Keller in here, a...

    January’s Answer

    Another option for you might be to contact the attorney for the plaintiff and let him know that the process server served you, but that you are not Amika and that you do not know who she is. If that fails, showing up on the court date would probably be a good idea, just to get rid of the issue for you. Of course, if you just forget about it, nothing should ever happen to you (unless they try to serve Amika there again!)

    See question 
  • I just won a small claims case. How do I collect?

    The debtor is a partner in the bar he is employed at. The bar is an LLP and he is one of 3 partners. How do I go about collecting? Garnishment or could I do a writ of execusion since he is a part owner?

    January’s Answer

    You should try a Hearing in Aid of Execution or similar action in WI. Basically, you call the debtor into court to testify about his assets. You can find out if he is paid as a wage earner (which you can garnish), where he banks (which you can levy), and his nonexempt assets. Depending on the size of the debt, you may consider hiring a collections attorney to help.

    See question 
  • I still have a auto lease that was supposed to be a part of my bankruptcy still on my credit report.

    I filed back in 2004, and every other line of credit has reported as under the bankruptcy except for a returned auto lease from a company in Dallas. It still reports as owed. I joined the Navy a while back and when getting my Secret clearance I ...

    January’s Answer

    They should show the debt as discharged in bankruptcy. You should do a couple of things at this point - first, contact your bankruptcy attorney. Part of his/her job is to make sure that your creditors are/were aware of your bankruptcy and that the debt is discharged. Second, contact the credit reporting agencies to dispute the debt - at the very least, then it will show up on your credit reports as disputed. One thing you might consider if the company does not remove the amount owed is to file a lawsuit against them for violation of the Fair Credit Reporting Act - but first you need to dispute it!

    See question 
  • How long before new employer gets wages garnished at new job?

    Hi, I have an existing judgment against me from a credit card company. I've been unemployed for awhile but the attorney working my account told me as soon as I start working again the garnishment will "automatically" be in place when I start a new...

    January’s Answer

    The garnishment is not "automatically" in effect when you start your new job. As the others stated, they will need to find out that you have a job and where it is before they can/will garnish you. However, as soon as they find out that you are working or have money in your bank account, they will garnish you asap.

    See question