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Patrick M Driver

Patrick Driver’s Answers

52 total


  • I have a judgement against me that was granted to a collection agency. I want to know if it can be appealed.

    I received a request for admissions that I filled out and filed in the 30 days but I didn't know I had to sign each question. The judge granted the judgement based on that alone. I have the title for the atv as proof that the debt was paid to the ...

    Patrick’s Answer

    I strongly urge you to speak with an experienced attorney as soon as possible. There are very strict timelines that you must comply with or you may lose your ability to appeal this matter. You did not provide any dates in your question, so it is impossible to provide you any insight in your time to perfect your appeal.

    There will be a significant amount of work that needs to get done to determine whether you can get the judgment overturned, so do not delay in meeting with an attorney.

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  • Question about accident settlement..

    My husband was hit by a drunk driver about 1 month ago. My husband was at a red light, stopped, then the drunk driver coming off the freeway at a exit ramp, rear ended him going pretty fast. He has been going to the chiropractor 3 times a week for...

    Patrick’s Answer

    I strongly suggest that a consultation with an experienced personal injury attorney would benefit you and your husband. There is no set determination regarding what a case is worth; each case is different. An experienced attorney should be able to assist you in handling the case to a just and fair resolution.

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  • All of my checking and savings were garnished today. I have no clue what this is for and got no notice or judgement. Help!?!!

    I have never received any type of notice. They have me a number that was closed. I am freaking out. I'm a single mother of 3 and this week all of my bills are due!!

    Patrick’s Answer

    To obtain the judgment against you, you should have been served with the lawsuit by certified mail, personal/residential service (sheriff or constable) or by publication. In addition, you should have been notified of the garnishment and given an opportunity to object and request a hearing for any exempt funds. Keep in mind that it could be from an old judgment that the plaintiff started/renewed collection efforts.

    It would be worth your efforts to contact a consumer attorney to help you determine whether anything may be done. It would be helpful if you first find out a court and case number. You might be able to quickly find out this information by contacting your bank and requesting the garnishment papers.

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  • Can my firefighter pension disability from City of Omaha be garnishable

    Ihave a judgement can my firefighter disability pension be garnished

    Patrick’s Answer

    More information is needed to properly answer your question. However, with your garnishment papers you should have been given a form to object to the garnishment based on exempt funds and whether you are the head of house and request a hearing on the matter. There is a very short window to do this, so do not delay. (You did not provide a date as to when you were served the papers, so I cannot tell you when it is due.) File your objection tomorrow, then contact a consumer law attorney to discuss your options with you. It will be helpful if you have your paperwork with you when you call the attorney.

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  • What is the statue of limitations on issuing "bad checks" in the state of Nebraska?

    I recently got a letter from a law office saying owed them $120 When I called them they would give me any direct answers and the amount jumped to $214, all they would say is that i had a few bad checks that I owed money on that were written 5 yea...

    Patrick’s Answer

    Do not, under any circumstances, give your credit card information to the "law firm". I strongly urge you to contact a consumer law attorney.

    I cannot tell based on your post, but there have been a high number of scamming calls in Nebraska lately threatening arrest/jail etc. on bad checks and payday loans. The best course of action is to contact an attorney.

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  • Should I sign an authorization for release of medical information about my treatment to the liable person's insurance company?

    6 month ago i was a victim of a car accident, I have an injury in my shoulder the other party's insurance is asking for an authorization for medical info should I sign that?

    Patrick’s Answer

    The short answer is no. I would strongly suggest that you speak with an experienced personal injury attorney before you sign any documents from an opposing insurance company. Generally, the authorizations sent by the opposing insurance company allow it to get any of your medical records, even those you do not think are related to the case. Moreover, most authorizations allow the opposing insurance company to disclose your records to any individual or entity.

    The authorization you have been given may not be a broad as the typical authorization, but I would strongly suggest that you discuss your issue with an experienced attorney.

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  • Is it legal for creditors to leave a message on a work phone stating a garnishment

    A creditor left a voicemail on my work phone which stated "hi (stated my name) this is Carla from credit management calling in regard to a garnishment if you can call me back that'd be great" can a creditor leave me a voicemail as such on my work...

    Patrick’s Answer

    There is more information needed to answer your question, but I strongly suggest you contact an attorney as soon as possible. itbis important to know whether the debt is a "consumer"debt and whether you are the debtor.

    Again, I strongly suggest contacting an attorney.

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  • I got a summons for debt I dont owe

    I got a summons for a payday loan I never took out. What are my options I have no paper work or anything to prove I don't owe this debt.

    Patrick’s Answer

    It is very important that you contact an attorney regarding the lawsuit. If you do not properly answer the Complaint, they will be able to get a judgment against you and you will owe the debt in the eyes of the law.

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  • Car Insurance Settlement - Adding Amendment/Clause for Medical Claim

    On 12/19 my partner was rear ended while stopped by a non commercial truck doing 35-40 mph. Their Ins. Co. claimed responsibility on 12/20, and on 12/22 decided to total loss the car after the adjuster inspected our vehicle. We were intending on s...

    Patrick’s Answer

    I agree that your partner needs medical attention if she is experiencing neck stiffness. The property damage portion of the claim can be resolved separately from the bodily injury claim. There is no reason to limit the claim to keep it open for "30 days". I would strongly suggest that your partner contact a personal injury attorney to review any documents that the insurer wants her to sign as well as to discuss the bodily injury claim.

    Best of luck to you.

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  • How to deal with zombie debt collector who is breaking the law?

    A few days ago I was contacted by family member about a debt. The person implied that I had committed a crime if did not pay them. I was given a number to call. I contacted the bbb and got the address. The address matches a debt that has passed st...

    Patrick’s Answer

    You should contact a consumer attorney regarding this matter. You may have an FDCPA claim against the debt collector. I strongly suggest you contact an attorney

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