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Andrew M Ellis

Andrew Ellis’s Answers

406 total


  • My ex owes me $20,000+ in child support arrears. He has filed chapter 7 bankruptcy. Will his arrears be discharged.

    I was able to see a copy of his bankruptcy case and I am named on it and so is DES as one of his debt to be discharged. I was told before that child support could not be discharged. If that is true, why would I be named in the case?

    Andrew’s Answer

    No, the arrears your ex owes you will NOT be discharged in his chapter 7 bankruptcy.

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  • Hi my mother is being sued by Wellsfargo credit card.

    Hi my mother is being sued my Wellsfargo credit card. They claim she owes $5,7000. My mom in the last few years have been declining from Alzheimer. Us sisters are trying to help mom with everything. She's not capable to do anything on her own and ...

    Andrew’s Answer

    If your mother's only source of income is Social Security, then she has nothing to worry about, because Social Security benefits are 100% protected from creditors. If your mother's Social Security benefits are the only funds being deposited into a bank account, then the benefits will be protected while in the bank account too.

    So let Wells Fargo Bank get a judgment against her, because they won't be able to collect any money from her.

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  • I recieved a letter from a layer stating they are from safeway and want Collect a debt but I wasn't arrested and didn't get item

    And police had my should i pay them ?

    Andrew’s Answer

    No, you should not pay. Instead, you should send a letter to the lawyer which states that you "dispute the validity of the debt". By sending the letter, the lawyer will have to send you proof that you owe the debt. If the lawyer does not have any proof, then you will not hear from the lawyer again.

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  • I live in AZ but have issue to dispute with my Indian Reservation in CA, does my attorney need to be member of CA bar?

    I have had a 20+ year battle with my reservation, as far as my obtaining enrollment et al. I have all appropriate paperwork, but previously been told by the tribal council, "It is never going to happen, and that is just that way it is". I recently...

    Andrew’s Answer

    The attorney will have to be admitted (licensed) to practice law on the Indian reservation where you are having the dispute.

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  • Should we take legal action? My 8 year old got hurt in Fry's

    My 8 year old was looking at toys in Fry''s on the bottom shelf he was walking along and when he went to stand up he hit his head on a metal battery display that was attached to the shelves in the middle of the isle. His head bled a lot it was a s...

    Andrew’s Answer

    You absolutely should schedule a consultation with a personal injury attorney. Look on Avvo,com or ask your friends for a referral, but do NOT schedule a consultation with any attorney who advertises on television.

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  • I won a judgement in Justice Court against my ex-wife for damage to my property. How long do I have to garnish her wages?

    She has refused to acknowledge the judgement and denies ever receiving the paperwork from the Court, (the Judge "took the case under advisement?" and issued his ruling at a later date informing us via mail). After numerous attempts by myself to ge...

    Andrew’s Answer

    The judgment is good for 5 years and can be renewed. Check the Pima County Justice Court's Web site for a fillable earnings garnishment package, which will include step by step instructions. If you cannot find it there, go to the Arizona Supreme Court's Web site; all of the garnishment forms are there too.

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  • Half of refund back from the county

    i have a judgment against me from the county i live in the county has offset this with my state tax refund the last 2 years my question is i recently married and file a joint return with my wife who is not part of the judgement.why would the count...

    Andrew’s Answer

    Arizona is a community property state. That generally means that assets you acquire during marriage belong to both spouses, regardless who acquired it. There are some exceptions, but none apply to your situation. Because Arizona is a community property state, you and your wife do not split an income tax refund in half. The refund belongs to either or both of you, which means that the county can offset your entire state income tax refund, even though a joint tax return was filed with your wife. The only way to avoid this would be as my colleague suggested: file separate state income tax returns.

    If I answered your question, please mark my answer as helpful. Thanks.

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  • Went to dennys eating food when the male server came flirty asking am i married.i felt violated and made him appologize on tape

    he tried to say a female called describing me and thats why he asked was i married but he never said the so called woman said we was married. i dont like gay men flirting with me or makin advances

    Andrew’s Answer

    Asking someone if he/she is married is not against the law. Flirting with someone is not against the law. If the server didn't touch you, then it doesn't seem like you have a meritorious claim for a lawsuit.

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  • I have a civil suit filed for not paying credit card. We paid and have disclosure to fill out. How do we do the disclosure?

    Husband did not pay Citibank balance of $811.10. We paid the plaintiff lawyer. We got a disclosure in the mail. Don't know how to fill it out.

    Andrew’s Answer

    If you paid the debt after the lawsuit was filed, you do not have to do anything with the disclosure statement. Contact the plaintiff's attorney's office; confirm recipient of your payment; and ask that the lawsuit be dismissed with prejudice. If the plaintiff's attorney requires more money in order to dismiss the lawsuit, then negotiate payment arrangements for the remaining balance.

    If I answered your question, then please mark my answer as helpful. Thanks.

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