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Deborah F Bowinski

Deborah Bowinski’s Answers

1,332 total


  • How much can they take ?

    Back in January I got a wage garnishment due to some unpaid medical debt. I also was sent to court for a lawsuit I'm only named in. I have since gotten another garnishment from the lawsuit which I'm the only one getting the wage garnishment I'm n...

    Deborah’s Answer

    For ordinary money judgments, a wage garnishment will take 25% of your net pay as long as you earn more than $240 per week. Additional garnishments can attack up so that when one ends (either because the debt is paid in full or because it's time expires) the next one will go into effect. Over time, they can take as much as is necessary to pay the debt in full.

    If you have lawsuits and judgments piling up it may make good sense to consider whether bankruptcy is a reasonable solution for you.

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  • How do I get this item removed from my credit report when the collection agency insists it's accurate?

    I rented an apartment in Atlanta, GA from 2010-2013. Relocated to Colorado in July 2013. Recently found an item on my credit report, contacted them and requested proof of the debt. They provided a copy of an invoice from the apartment community th...

    Deborah’s Answer

    The fact that you never received the bill has no beating on the validity of the debt. The best Eau to deal with it at this point is to try to style the account.

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  • Is there a statute in the Revised Colorado Statutes that deals with a vehicle lien? If so, please provide the statute number.

    This isn't a repair, mechanics, bankruptcy lien nor repo. The car is owned free and clear by the owner.

    Deborah’s Answer

    There are statutes (plural) that deal with many sorts of lens and there are statutes (plural) that deal specifically with motor vehicles. I'm not trying to be difficult, but you're question can't really be answered in a vacuum.

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  • Is a chapter 13 bankruptcy basically where you lump all debts together divide the total by 60 months and that is your payment?

    I know that there are priority debts that have to be paid in full but is this a fair and simple explanation?

    Deborah’s Answer

    No, not at all. In almost all chapter 13 filings the monthly payment is SIGNIFICANTLY lower than the amount would be if you were to pay off all your debts. The monthly payment is based upon a number of different factors including the type of debts owed, household size, income, and expenses, what assets exist and what they are worth, etc.

    Chapter 13 cases can offer a number of advantages over chapter 7s in certain situations, but they can be quite complicated and tricky to file successfully. If you are considering a chapter 13 bankruptcy case you should also seriously consider hiring an experienced lawyer to guide you through the process. A chapter 13 is incredibly hard to do without a lawyer, and the success rate for pro se filets is practically zero.

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  • I live in CO. I have a garnishment at my work for my spouses student loan he took out before we got married. Is this legal?

    I did not co-sign for loan. Can my wages be garnished? I am the head of household and the only one with a job with 3 small children.

    Deborah’s Answer

    That doesn't sound right, but without reviewing the papers or is hard to know exactly what has happened.

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  • Please provide the Colorado statute regarding vehicle liens.

    Someone has placed a vehicle lien on my car.

    Deborah’s Answer

    Are you asking about a purchase money lien or a judgment lien or something else? There is not really very much information here. You may want to take your paperwork to a lawyer to have it reviewed so you can get accurate information.

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  • I was gifted several thousand dollars to buy a house from a parent. When the parent dies. Can I disclaim my inheritance?

    Can I disclaim my share of the inheritance? I may have to file bankruptcy in a few months due to medical bills. I think if I already borrowed and spent my share and its documented. Can I legally disclaim then?

    Deborah’s Answer

    The answer depends upon whether you have actually received the inheritance yet, and when that happened (if it already has). It also depends upon how soon after such a disclaimer takes place you end up filing for bankruptcy. You are not allowed to give away assets at a time when you are unable to meet your financial obligations, and the law gets to apply "hindsight" in determining whether the court can recover any assets that have been given away prior to the filing of a bankruptcy based upon who the recipient is and how much time has passed.

    You really should consult with a lawyer before making such a decision to make sure that it doesn't backfire.

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  • Medical bills from Switzerland while living abroad from US with insurance, now getting calls for collection of unpaid bills

    I was required to have insurance before I left and I did get it. While being unexpectedly treated, my international insurance based in US said they were processing the claims. Took them over 6 months to process after multiple attempts to reach the...

    Deborah’s Answer

    It sounds Though you have two completely separate issues here. One is related to whether or not your insurance company denied your claims in error, and the other has to do with your liability for payment to the overseas medical providers.
    You can certainly pursue the insurance question. That will very likely be long and drawn out and will probably require analyzing both your policy documents and your medical records and history.
    As for the debt questions, it seems pretty clear that you remain responsible for any bills left unpaid buy insurance. You can try to hide from them but eventually they may file a lawsuit, get a judgment, and garnish wages and bank accounts. You could try to work out some sort of voluntary payment arrangement with the collection agency. Or, if the numbers are big enough and there are other debts as well, you could consist whether bankruptcy might be a possible solution for you.

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  • I filed bankruptcy and was discharged in 2012 i kept paying my mortgage but I've been med disabled can i walk away from house?

    My bankruptcy i listed my mortgage as a debt but asked for it to be exempt. I didnt reaffirm it though and wasnt represented by an attorney in colorado. Which on the CO courts page said i would of had to had a meeting in front of a judge if i aske...

    Deborah’s Answer

    Assuming that you are correct and that no reaffirmation agreement was signed and filed you will not be responsible for any deficiency on the mortgage if the lender forecloses. Be mindful, though, that if you live in home with a homeowners association you will remain obligated for those fees as long as the property remains in your name.

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  • Car dealership lost paper work before first payment now threatening repossession what can I do? First payment is due may12 but

    The dealership is now saying owe for April too they did not provide me with copies of sales agreement

    Deborah’s Answer

    If you want to keep the car you can make the loan payment. You can work with them to get the paperwork squared away, but if you financed your purchase you probably were informed when the first payment would be. If you didn't make the April payment then in theory, at least, you should have that money on hand. Then make the May payment as close to the w th as possible to get on track with the loan.

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