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Andrew M Ellis

Andrew Ellis’s Answers

419 total


  • Can a creditor, with a judgement, begin garnishing your wages without notifying you first?

    I received a letter in the mail on 8/20 from my employer which included the following: Garnishee's non-exempt earnings statement, garnishee's answers, first hearing request and notice of hearing of garnishment and second notice to judgment debtor ...

    Andrew’s Answer

    Before garnishing your wages, Arizona law requires that a judgment creditor send you a written demand that you either pay the judgment balance or agree and continue to pay the nonexempt portion of your wages until the judgment is satisfied. The judgment creditor normally sends the written demand to your last known address. If you haven't updated the court or the judgment creditor with your current address, it is possible that the judgment creditor sent the written demand to an old address and it wasn't forwarded to your new address.

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  • AZ Bankruptcy: Can we retain our home if it is rented out due to the fact we live with our Dad who needs care due to an accident

    Is there a hardship exemption in AZ for chapter 13 BK to retain your home under the homestead exemption if you do not reside there? We rented out our house for enough to cover the mortgage so that we could move in with 84 YO Dad to take care of hi...

    Andrew’s Answer

    If you file a chapter 13 bankruptcy, you may retain your home. However, the rental income (and related expenses) will be included in the calculation of disposable income, which determines your monthly chapter 13 Plan payment.
    If you file a chapter 7 bankruptcy case, then you might have to argue about whether the house is still your homestead. Also, you will have to turn over rental income to the chapter 7 but still pay the mortgage if you want to retain your home.

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  • Is it legal to sue someone on a collateral based loan?

    I used my truck as collateral on a loan, but the loan company Speedy Cash made no attempt to collect it. They just took me to court for 3 times the amount I owed. Is this legal?

    Andrew’s Answer

    Yes, it is legal to sue someone on a collateral-based loan. You signed a promissory note or contract promising to pay back the money that was loaned to you AND you gave your truck as collateral for the loan. Under the law, Speedy Cash can repossess your truck, sue you for the amount owed, or both.

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  • If I file for bankruptcy now, will my tax refund for this year I received (and already spent) have to be paid to a trustee?

    I received a tax refund over what I can claim for AZ exemptions.

    Andrew’s Answer

    If you file for bankruptcy now, you will not be required to turnover to the Trustee 2014 income tax refunds that you already received and spent.
    If you file for bankruptcy now, you will probably be required to turnover to the Trustee 2015 income tax refunds that you receive next year.

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  • Can I sue my ex in another state for keeping our adult daughters address private? Can i sue my ex for pain and suffering?

    My ex moved out of state with my daughter when daughter was 17. Daughter is now 19 and doesn't contact me. My ex won't tell me where she lives and my ex won't tell me where my daughter lives. I have experienced great pain and suffering for many y...

    Andrew’s Answer

    I agree with my colleagues about having no legal claim against your ex. Try to find your daughter yourself or through an investigator. When you find her, send her an email or letter and let her decide whether to respond.

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  • Is it legal for the Creditor to take all my money from income Tax + Salary aside from paying them 15% garnishment evry payday?

    ,The Creditor (Hammeroff Law Group) is been getting 15% of my Salary every payday as Garnishment, now all of a sudden w/o any notice, they took all our money (My Tax return income + Salary) including my wife's savings from our Bank, the bank said ...

    Andrew’s Answer

    Yes, it is legal for a judgment creditor to garnish your bank account while it is also garnishing your wages. The judgment creditor is NOT required to provide you with any notice before it garnishes your bank account.
    Instead of talking to the judgment creditor's attorney, you should probably consult with a bankruptcy or debtor's rights attorney to discuss your bankruptcy and non-bankruptcy options.

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  • Can I write "Payment in Full" on a check?

    I had a hospital agree to take a less amount (due to financial hardship). Instead of $700 they will accept $300. When I give them a check, can I write "payment in full" on the memo line? I heard I can write that and if they cash it, they are agr...

    Andrew’s Answer

    Yes, you can write "payment in full" on the memo line of a check, but that will not accomplish what you want to do.
    Instead, you should request the hospital send you something in writing via fax, e-mail or U.S. mail which confirms they will accept $300 as satisfaction of the entire amount due. Once you receive that confirmation, send the $300 check. As my colleagues suggest, you should keep a copy of the writing and the cashed check in your records in case it comes up again.

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  • Bankruptcy

    I want to file bankruptcy but I am currently getting garnish for a car that was repo my brother cosigned for me if I do file bankruptcy will they go after my brother. I'm currently making my payments to an attorney.

    Andrew’s Answer

    Yes, if you file for bankruptcy, then the creditor can go after your brother. However, the creditor will probably not go after your brother if you or he voluntarily continues to make payments to the creditor.

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  • Can wages be garnished 11 years after car was repossessed?

    I am asking on behalf of my dad. He just recently found out that his wages were getting garnished for a vehicle that was repossessed in 2004. So 11 years ago. Is this even legal based off of Arizona statute of limitations? The company also has be...

    Andrew’s Answer

    Yes, wages can be garnished 11 years after the car was repossessed if: the creditor obtained a judgment AND properly renewed the judgment every 5 years.

    Before consulting with am attorney, call the court to find out the date of the judgment and the date of any renewals.

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  • Was contacted by a debt collector saying they have my account with Discover Card from 1999. Said that Discover Card is going to

    take action against my bank accounts if I don't settle with the debt collector. Is that possible with such an old debt?

    Andrew’s Answer

    • Selected as best answer

    If you haven't made a payment toward that debt in six (6) or more years, then the time has passed in which Discover Card or a third party debt collector can sue you for the debt. So that means all they can do is call and write you to try to collect.
    If Discover Card or the third party debt collector already has a judgment against you, then your bank accounts CAN be garnished.
    My guess is that you have not been sued and there is no judgment against you, and that what you received was an attempt to motivate you to pay an old debt. However, you should check court records and your credit reports for judgment to be sure.

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