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Thomas John Braham

Thomas Braham’s Answers

24 total

  • I attended the Corinthian college wyotech I see students getting loans forgiven can I.

    I attended wyotech Laramie, wy in 2012 to 2013 which was owned by Corinthian colleges at the time. Corinthian lied about after schooling employment rates to raise prices. The career center also told future students that the would assist in finding...

    Thomas’s Answer

    Attorney Matthew Berkus nailed it in his answer, but if it went through the federal government then you are stuck paying like the rest of us. You have the right to request documentation on your loans so start there with anyone trying to collect or on your credit. If no one is collecting, and calling then maybe let sleeping dogs lie. Hopefully the account was sold or transferred and you can "buy it out" from a creditor, but watch out because they'll hit you with a 1099 next January for what they write off. I know, brutal. Be aggressive here, but if its Sallie Mae, you'll probably pay, eventually

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  • Can creditor collect more than amount reached in settlement agreement?

    Wife's wages were being garnished. I reached a settlement agreement with creditor for 11,000. Weekly garnishment continued. Creditor received full 11,000 payment of agreement by check from my bank within the agreement time frame. Creditor has now ...

    Thomas’s Answer

    Yes, but put them to task in the County Court they sued you in. Draft a clearly worded letter to the law firm of your accounting and demand they stop. Then get to the Colorado Supreme Court Law Library and check out the blue Colorado practice series. They have law librarians all over that place. Then maybe meet with some debtor attorneys, if that law firm is a bottom-dweller. It is your money that they should have to prove you owe. Document all your payments. Send the letter certified mail with green return receipt. Have fun with it. Or hire someone to settle it.

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  • I signed a lease at an apartment but won't move in until June 4th. Can I back out of the lease?

    I haven't paid the security deposit or rent for June. My boyfriend and I were to move into the apartment, but we have split up and I won't be able to afford the apartment on my own.

    Thomas’s Answer

    Read the lease you signed, but you might want to approach the landlord this week and see if he can rent it to someone else or list that sucker on Craigslist and hope someone will take over the lease for you. And if that doesn't work, then try crying, but they probably can sue you later, so be proactive like you are being. Hang in there!

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  • Can my parents kick me out?

    I recently moved back in with my mother and her husband after being gone for 12 years. Because I just had a baby and wanted to be with my mother.but also I was in a bad situation and needed help. But her husband and I have never got along he is co...

    Thomas’s Answer

    • Selected as best answer

    Totally, unless you are on the title to the home or have a lease. It may not be right, but sadly the owners can and do these things without regard to the law all the time. With his issues and you having a kid, it may be time to move on, but you'd be somewhere else if you had somewhere to go right? So these situations are always tricky and emotional. There are some great Women's resources out there and that search begins at a local library. I'm serious. Get safe and they might even help you find housing, a job and daycare. Its best to leave before anyone has to involve the police. Do your best. Hang in there and do not lose hope. But start packing if you can.

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  • Can the government take my GI Bill funds to pay federal debt?

    Hi. I currently owe the federal government $15,000 - wondering if the government can take my GI Bill funds to cover this debt?

    Thomas’s Answer

    They could take it and send you an offset letter, but usually those government or child support offsets will eat up your Colorado (or whatever state is on your truck's plates) tax refund and your Federal tax refund. Hopefully, you just get a check sent to your school, but don't they reimburse you after you submit grades or something.? I know my last Fort Carsoner had issues because he got deployed, but that was easy to resolve. Protect that money when you get it and spend it on schooling and rent, before the devil knows your dead. Good luck. It really matters what you owe the debt on, but you might be okay here. You did the dance, so now they should let you go to school. Thank you for your service.

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  • Average DUI penalties for first time DUI in Colorado Springs?

    First DUI to ever be charged with in my life. Allegedly .135 BAC, will have completed 20 hours alcohol treatment hours prior to court date, and working on completing at many community service hours as possible before pre-trial conference if possib...

    Thomas’s Answer

    Maybe. You will want to sit down with an attorney on this one and talk it out. If you can't afford an attorney, then then public defenders office may be able to help, but get in touch this week. If you think that you can prove involuntary intoxication then of course, but sometimes its a question of if you accepted what happened yet. I'm a lawyer, not your uncle to lecture you, but you've taken a strong first step and started completing your requirements ahead of time. You have a few options, but just make sure to dress nice, get there early, and hope the DA says there was a procedural flaw and the case is dismissed. A plea will be offered and you'll have a chance to consider that as well. Keep fighting. And obviously no partying now, its just not worth it. The facts that you describe might help in the plea to something lesser, but .135 is still in that GREY area. Hang in there.

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  • Are promissory loans for school tuition dischargeable in chapter 7 bankruptcy?

    I signed promissory notes for an "In-House Collections" school tuition loan and a "Private Institutional " school tuition loan. The debt was included in my chapter 7 bankruptcy. Now I'm being told the debt must be paid and can not be discharged in...

    Thomas’s Answer

    Maybe. If these are Navient or Sallie Mae then no way, but if it is in some dark pool then lets see some paperwork. They might also be violating your discharge but they probably danced around that one. It depends on how aggressive you want to get. Both CU and DU have law libraries and the Federal Court is right next to where you just had your 341. Colorado Supreme Court Law Library is an awesome resource. Free legal research; its like finding gold. Document it up for whomever you meet with but everyone here would probably say they should handle these types of bankruptcy cases. You might even have a little fun with it. Why not fight them? If you lose, then you just pay what owe anyway, and if you win then you are a baller. Let's all keep trying to get more of these loans to become dischargeable, and really give people are fresh start. Document it up. Fight or if its like $500 then just pay it off. Good luck!

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  • Do we have any rights as student loan borrowers, as far as courses of action for deceptive collection practices, or anything?

    We've been getting the run around from a large student loan company. My husband defaulted, and we paid monthly for a year. Than the collections company said that they gave it back to the student loan company. Student loan company told us for 6 mon...

    Thomas’s Answer

    The bad news is that in reality you don't really have student loan rights. I questioned one of my Sallie Mae loans and Citi sent it to Discover, and I end up making three separate payments somehow. Sallie Mae used to party in Boulder and let's just say she was a wild child; how is she is charge of my loans!?!? :) And Navient is no better; Navient send me a refund check because they overcharged me in the transition from Sallie Mae in the fall of 2014; yup, stole from me before ieven knew they were servicing my loans! Navient stands for Navigating the Orient with a compass that doesn't point north.

    Now to the heart of the matter, you guys got behind and now you are catching up. Start savings these payments because you are right, when that bill finds you it will be large and in charge, but you'll suck up that the money would be much better spent on a trip to Cancun, but you will be one day closer to paying those loans off and beholden to no man.

    Matt was right on point. These rehabs are procedural, and if these are private loans then it can get even crazier. Google the FDCPA and read up because if your creditor puts a toe over the line then you can get them to pay your loans for violating the FDCPA and your attorney's fees get paid by the creditor, so most student loans and bankruptcy attorneys would be glad to get that call. Hang in there, best of luck!

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  • Consumer debt collection options

    I got scammed when I was younger and straight out of college with no job. I reported it to the cops but they couldn't really do anything about it. I didn't have any money to pay off the debt then and now it has ballooned to almost $4K and the de...

    Thomas’s Answer

    Fraud is fraud, so make the collectors prove that you owe it! More people need to file answers to their summons and complaints, at least that's what we call them in County Court in CO. Find some free legal aid through a local clinic. There is free legal help anywhere, but make their job easy and create a timeline and names and addresses and such. I wouldn't pay anything if it was fraud. Keep fighting! Never give up the fight! :)

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  • What can be done about landlords lieing about the property having bugs in the units and the people living in them are suffering.

    People are clean, who have never had bugs in their home their whole lives then they move into a new apartment and have horrible bug problems and have to throw away furniture and are blamed for the bugs instead of the company taking responsibility ...

    Thomas’s Answer

    I assume all landlords will steal your deposit, but the Warranty of Habitability would be a great place to start. Basically Google the statute but I think it is CRS 38-12-501 to 511. That statute has some teeth. Document everything, and mail your notices to the landlord tomorrow. Don't get fancy, just document away everything that happened and the remedy that you seek. If they want war, then hire someone local to battle it out. I'd prefer to just get them to let you out of your lease, replace your furniture and maybe give you "a little something, ya know for the effort?"
    Hang in there and grab huge Ziploc bags for sentimental pictures and items and start isolating your stuff.

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