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Russell J Hebets
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Russell Hebets’s Answers

107 total


  • I am on diversion for domestic violence. I have not been able to complete my classes. what could happen?

    i haven't been able to complete classes for domestic violence due to being a single mom, having two jobs, rent, tons of bills and no free time.

    Russell’s Answer

    Not being able to complete diversion requirements could result in the diversion and your probation being revoked. In such a case it would be up to the judge to decide the appropriate sentence. Such a revocation would probably create a criminal record. You should be proactive and attempt to get an extension rather than just wait for the entire deal to come unraveled. If you have a probation officer it might be worth discussing if an extension would be available with them.

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  • Interest on restitution?

    If a defendant was ordered to pay restitution in 2002, and the victim has since passed away, can the victim's airs seek interest? In the plea agreement it stated XXXX amount plus interest, however it did not state an amount nor did it state a per...

    Russell’s Answer

    You may still owe restitution in this case to restore the family's original position. You should consult the court in your original case to find out about the interest rate in your case. You should also continue to pay until you are sure the order has been lifted, because failure to pay could result in serious consequences.

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  • Can one be charged with the party to a crime if the actual crime?

    I need an answer for being a party of the crime, My son is incarcerated at this time for a Po violation, while being incarcerated he had received a call from the County Court house stating he was to be in court in ten minutes, and asked if he need...

    Russell’s Answer

    It sounds like you may nee d to consult legal counsel. From your post it is unclear if there is a specific question. The charges against your son are separate and distinct from any charges that may be filed against the other party in the case.

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  • Can a incorrectly dismissed bankruptcy be fixed years later?

    My husband and I filed for Chapter 13 bankruptcy about 9 years or so ago. We didn't realize that it was reported to the credit bureaus as dismissed vs discharged. We paid off the bankruptcy early by refinancing our home. Because we had to file a C...

    Russell’s Answer

    With such an old chapter 13 you should be able to find some lenders that will work with you. You should ask a local bankruptcy attorney for referrals to lenders who are familiar with bankruptcy. These lenders are usually more sophisticated and can do the work to help you get a loan since they deal with people who have had a bankruptcy everyday. You should simply ask if the attorney gets a referral fee or not to learn if they are paid for sending your business generally they are not and will provide you with contacts they have found to be reliable.

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  • Will be declaring chapter 7 bankruptcy want to know if I include my cell phone bill?

    cell phone contract

    Russell’s Answer

    If you owe money from the past to your cell phone company you would include that as a liability. If you want to reject the contact you may also be able to do that. If you are paid and current but have paid them more than $600 in the last 90 days you might want to report that. In a bankruptcy not having an attorney could cost you a lot more money than having a decent attorney and having no problem.

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  • Do I need to pay back a debt in which I received a 1099C cancellation of debt on?

    Citibank issued a 1099C cancellation of debt to me on 2/24/2012. I filed this with my taxes on 4/15/2013 increasing my income by the FULL amount of the debt. I am in the process of trying to buy a house and the debt is still showing as owed moni...

    Russell’s Answer

    If they have cancelled the debt you might try submitting your 1099 C to the credit bureaus as proof that a debt cancellation occurred. It sounds like this is mostly a question about a disputed credit report so asking them directly to remove it may be your first step.

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  • If you send a lawyer a check and write paid in full on it and they cash it, does that mean it is paid in full on a collections.

    It was on a collections account. A credit card sued me and my bal was suppose to be $600 and the lawyer says it was suppose to be $800 and now they are guarnishing my wages because I didn't pay them in full, but they also sent me no notice so I c...

    Russell’s Answer

    In this case simply writing paid in full on a check might not change the nature of the underlying debt without some other agreement. You might be able to bring this fact up at any court appearance regarding the garnishment.

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  • I am delinquent on my HOA, if I dont put a large amount down and then pay the extra $150 a month on top of my usual dues..

    They will put a lien on my house and foreclose...I am wondering how long this process would take if I couldn't pay whats requested.... I am currently waiting to see if I qualify for America's Hardest Hit Fund to get my mortgage loan modified. ...

    Russell’s Answer

    In a chapter 13 bankruptcy you can generally cure the default on an HOA that is secured by your home. This would create a court order that would deal with the HOA. There may also be relief for your other debts from such a process, and should be considered whenever you are trying to save your home as it is a very powerful tool.

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  • What happens in texas if you dont pay back payday loans

    what happens if i donot pay back my payday loans

    Russell’s Answer

    I agree with the other poster. A bankruptcy should clear up all debts to pay day lenders, and generally people who take these loans have other problems. A chapter 7 is designed to give people a fresh start in such situations.

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