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Andrew M Ellis

Andrew Ellis’s Answers

414 total


  • 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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  • Do I call the Nbr that was given to me?

    I got behind on my car payment and just got a call saying the FBI is looking for me saying the car is stolen. What do I do? Do I call the number that was given to me?

    Andrew’s Answer

    No, you should not call the number that was given to you. Consider the call an attempt to collect the debt you owe on your car loan. The only thing that really matters to the creditor is getting paid.

    Normally an automobile loan company will repossess a vehicle if you get 2+ payments behind. If you want to keep the car, then you should send the creditor as much money as possible, as soon as possible, until you get current. If you do not want to keep the car, then contact the creditor in writing and provide the creditor with the location of the vehicle so that they can pick it up.

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  • My parents hired a credit counseling company, which they have not heard from since April. What is their recourse?

    My parents are in a tough financial situation. They hired this company over a year ago. They paid them a large sum 6 months ago. In the last two months no one at the company is answering the phones. Is there any recourse or have my parents los...

    Andrew’s Answer

    Your parents have probably been scammed and lost more money. Nevertheless, they should file a complaint with the Arizona attorney general and consult with a bankruptcy attorney about their options.

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  • Being sued by the hoa and the debt collector added over 2000 in legal fees.

    Out HOA debt was 750.$ and was sent to a debt collector who has raised it to almost 3000$. I want to what rights we have to not be charged all these outrageous extra fees. We want to jusy pay the actual balance due but the debt collector will not ...

    Andrew’s Answer

    You have the right to pay your HOA assessments/dues on time. If you pay your dues/assessments on time, you will not be charged "all these outrageous extra fees." If you pay your dues/assessments late, then the CC&R's (and HOA law) state that the HOA can tack on late charges, collection costs, attorney's fees,court costs, etc., also known as "all these outrageous extra fees."

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  • 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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