John N Skiba’s Answers

John N Skiba

Mesa Debt Settlement Attorney.

Contributor Level 14
  1. Can a lien holder (ex-spouse, not a bank) override the protection of a homestead on a home that has no mortgage?

    Answered about 4 years ago.

    1. John N Skiba
    1 lawyer answer

    It depends on how much equity you have in the home. The homestead exemption in Arizona protects up to $150,000 in equity in your home. So if the house is worth $150,000 or less, then no they would not be able to forelcose on the home. However, if your home is worth more than $150,000, say it is worth $200,000, then they could foreclose on their lien, pay you $150,000 from the proceeds of any sale, and then applie the rest to paying the underlying debt.

    1 person marked this answer as helpful

  2. Need an attorney in Tucson, AZ.

    Answered about 4 years ago.

    1. John N Skiba
    1 lawyer answer

    You may want to check with the state bar for a consumer attorney. You can also do a search at the website for the National Association of Consumer Bankruptcy Attorneys (NACBA), www.nacba.org .

    1 person marked this answer as helpful

  3. Sign paper work for trustee to recieced tax return they stated if not claimed by creditors it would be given back at oercentage

    Answered about 4 years ago.

    1. John N Skiba
    2. Stephen Clark Harkess
    3. Mark Markus
    4. Timothy William Combs
    4 lawyer answers

    In Arizona a few of the trustees will have you sign a document at your meeting of creditors whereby you are agreeing to turnover your tax refund to them. After they receive it they will run the calculations to determine which part of it belongs to you and which part of it belongs to your creditors. The balance, if any, will be refunded to you.

    1 person marked this answer as helpful

  4. Can debt collector get property lien on vehicle which is titled to person and parent in an "or" link on title in Az,car paid for

    Answered about 4 years ago.

    1. John N Skiba
    1 lawyer answer

    If I understand your questions correctly, you are concerned about a debt collector obtaining a lien on a car for some credit card debt. The credit card company cannot get a lien on your vehicle, however, they can sue you and obtain a judgment at which point they would be able to sieze the car if it has a value over the Arizona exemption for one vehicle, which is $5,000.

    1 person marked this answer as helpful

  5. A "stay" for a garnishment.

    Answered about 4 years ago.

    1. John N Skiba
    2. Jennifer Ann Klock Morel
    2 lawyer answers

    A stay order means that your employer is not to withhold the funds from your check until you have had a chance to tell your side of the story at the hearing. Depending on what type of ruling you get at the hearing, they court may allow the garnishment at that point or dismiss it altogether.

    1 person marked this answer as helpful

  6. Need help answering for garnishment

    Answered about 4 years ago.

    1. John N Skiba
    2. Theodore Lyons Araujo
    3. Mitchell Paul Goldstein
    3 lawyer answers

    You need to attend this hearing. Usually these type of hearings are held in the justice court (although it may be in the Superior Court as well). The judge will give you an opportunity to show that the debt was not yours. Worst case scenrio you need to ask for a reduction in the garnishment. In Arizona you can get up to 25% of your check garnished. However, if you ask, most judges will as a matter of course reduce it to 15% if you can show that the higher amount would be a hardship.

    1 person marked this answer as helpful

  7. Garnishment of Earnings

    Answered over 4 years ago.

    1. John N Skiba
    2. Theodore Lyons Araujo
    3. Kevin Michael Cortright
    3 lawyer answers

    Typically each judgment will require its own writ of garnishment. Each one will have to be paid in full before any funds can be directed to the next judgment. In Arizona creditors are permitted to garnish up to 25% of each pay check. If you object, most judges will reduce it to 15%.

    1 person marked this answer as helpful

  8. Prior to filing Chapter 7

    Answered over 4 years ago.

    1. John N Skiba
    2. Kendall David Coffman
    3. Jeffrey B. Lampert
    4. Mitchell Paul Goldstein
    4 lawyer answers

    The trustees in Arizona require that you submit at least two months worth of bank statements to their office prior to your Meeting of Creditors. Any large deposits or withdrawals prior to bankruptcy will result in questioning from the trustee. As long as you can provide sufficient documentation or an explanation as to where those funds were spent you will be fine (unless as noted in the other answers you gave those funds to a family member). Just know that the questions will be coming and be...

    1 person marked this answer as helpful

  9. The anti deficience law does not apply to raw land in AZ so what are some other options if you cannot continue paying the loan?

    Answered about 4 years ago.

    1. Matthew M Ellingson
    2. John N Skiba
    2 lawyer answers

    I would recommend speaking with an attorney about a chapter 13 bankruptcy. Your home is likely protected by the Arizona homestead exemption, which protects up to $150,000 in equity in your home (most homes in Arizona have nowhere near that close). In a chapter 13 bankruptcy you are going to be able to get caught up on missed payments on the land or surrender them and have no future liabilty.

  10. I stopped paying timeshare.

    Answered about 4 years ago.

    1. John N Skiba
    2. David Leibowitz
    2 lawyer answers

    You will likely lose the time share and may have additional financial liabiltiy afterword. A chapter 7 or chapter 13 bankruptcy can permit you to surrender the timeshare and have no future liabiltiy.