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Dorothy G Bunce
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Dorothy Bunce’s Answers

19,358 total


  • Had some returned check that went to collections in Montana it's been over 8 years I have made payments can I still go to jail

    I have never gone to court. No warrant or arrest or charges were made. I have been out of state for 5.5 years can I still go to jail. Can there still be a warrant put out on me? I have made payments as often as I can.

    Dorothy’s Answer

    This is a question for a Montana criminal defense attorney, not a civil debt attorney. I see few Montana attorneys volunteering on this site & fewer still answering questions out of Nevada. To change the classification of your question required me to post an answer. Hope this perspective helps.

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  • If both my boyfriend and I names are on a vehicle, can he ffile bankruptcy without my permission if I'm the head of the vehicle

    I am the head person of the vehicle but he just told me that he filed bankruptcy. Is this possible?

    Dorothy’s Answer

    Only a child needs permission. Even a spouse doesn't need your permission to file bankruptcy,. Having a vehicle loan together doesn't make you your boyfriend's Mommy. You have absolutely no say. Hope this perspective helps.

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  • I'm in the process of filing a Chapter 7. Am I required to add my current car note in the bankruptcy?

    I plan on still making the payments as I have been.

    Dorothy’s Answer

    Bankruptcy provides no exception for listing ALL DEBTS! NONE WHATSOEVER! Please don't commit perjury by trying to prevent any creditor from discovery of your bankruptcy. It never works and you can go to prison. I love watching "Orange is the New Black" but I don't want to spend time in any federal facility. Think it won't happen? Google "Real Housewife's Bankruptcy" - at least two of the gals are serving hard time. Hope this perspective helps!

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  • Can I get a judgement diss missed

    I have a judgement on credit report that I didn't know about it was put on their in 2010 from a tote the note car lot that has closed down.its still say open balance when I called the clerk office. Is there anything I can do or what should I do

    Dorothy’s Answer

    Judgments are usually set aside not dismissed. As a general rule, it is often less expensive to settle the judgment rather than try to get it set aside. The requirements you need to meet are 1) you were not properly served under state law (which is usually different than actually getting notified) and 2) you have a legitimate defense to the suit. You should invest in the services of an honest and experienced litigation attorney to represent you. Hope this perspective helps!

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  • PRIORY YEAR DEBT CANCELLATION TAX?

    I declared bankruptcy but I just got a letter from IRS, regarding year of 2013. that one credit card had debt cancellation, so IRS saw as income, so I need to pay more. How should I avoid this ?

    Dorothy’s Answer

    Your tax preparer ought to be able to deal with this, but if you are your own tax preparer, include form 982 when you file. Bankruptcy is not a debt forgiveness program and discharged debts are not taxable. Some creditors are still confused. Hope this perspective helps!

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  • Want to talk directly to my mortgage co. while in chapter 7 about renting. they need a letter from lawyer. ignores recourse?

    see previous question

    Dorothy’s Answer

    Avvo gets thousands of questions posted every day and your question is posted anonymously, so unfortunately, we don't know what your previous question might have said. If your current attorney is not willing to prepare a letter authorizing you to discuss your loan with your mortgage company, it may because you have forgotten the magic words, which are "how much will you charge me to perform this additional work." If you are willing to work off the clock for 30 minutes without getting paid, please understand that I am not able to live by doing this, and if I do it for one, everyone wants more more more. Hope this perspective helps!

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  • What kind of lawyer do I need to sue Avis Car Rental? Collection agency contacted me and I was never notified of damage.

    I received a call from a collection agency about damage charges that haven't been paid on a car I rented about 5-6 months ago. However, I NEVER received a call or email from the rental company after I returned the car. It was to my knowledge every...

    Dorothy’s Answer

    You cannot sue someone for sending you to a collection agency and you do not now need representation. Send the collector a letter informing them that you dispute this debt, and dispute the appearance of this debt on your credit report. If and when this creditor actually does sue you, then and only then will you need to engage the services of a civil litigation attorney. Hope this perspective helps!

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  • If a creditor receives a default judgement, how soon before he can garnish my bank account?

    I ask because I cant meet with a Bankruptcy attorney for 5 days and I believe the default judegment will be awarded today.

    Dorothy’s Answer

    Once the default judgment is signed, an order to ATTACH your bank account could go out right away. (Garnishment is a process that typically refers only to WAGES.) But that's not the way courts work. The creditor's attorney will have to draft up the court order and send it to the judge. If the judge is a typical court official, s/he handles civil & criminal cases and signing a civil judgment will be the least important thing w/he has to do. Once the order is signed, a runner may have to go to court to pick it up. If not, it will come in electronically. Once the creditor's attorney reviews the order, s/he prepares a Writ addressed to your bank, assuming the creditor knows where you bank. The Writ needs to be issued by the Court Clerk, then it goes to local law enforcement to be delivered to your bank. Which is generally not the most pressing job that local law enforcement have, so they may put it to the bottom of the to-do pile of unimportant tasks. Granted, I live in a populous community, but law enforcement might take as long as a month to deliver a Writ to a bank. Then the bank's legal department reviews the Writ and generally will implement it quickly by freezing your account. 'nuff said? Hope this perspective helps!

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  • How do I remove my soon to be Ex wife from the deed to the house if we are in bankruptcy and can't refinance?

    I will be keeping the house in my legal separation and want to remove my wifes name from the deed. We filed CH 13 bankruptcy 3 years ago and have to make payments on that for the next 2 years. So, I can't refinance the house to have her removed ...

    Dorothy’s Answer

    You cannot unilaterally remove your spouse's name from the title. She can sign what is called a Quit Claim (not Quick Claim, as some mispronounce it!) giving up her interest to you, but her name will remain on the mortgage until such time, if any, as you refinance. If your ex won't voluntarily sign, a properly prepared order from the divorce court can be recorded to accomplish the same thing, but is a pain to put together. Hope this perspective helps!

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  • IRS Tax Liens

    I have had a tax lien on my property for several years from taxes that IRS said was not handled in 2005 and 2006. I was told by a IRS Advocate that if I do a BK that it would get rid of the Lien? The IRS has deemed me noncollectable since I am a...

    Dorothy’s Answer

    Bankruptcy will not eliminate a lien and the lien will cover equity you have in any property, regardless of state exemption laws. The IRS Advocate is not a bankruptcy lawyer and should not be providing you with legal advice. There are a couple of bankruptcy tax experts in Las Vegas but neither provide free consultations, so if you are willing to pay for their time, they can provide you with more specific advice. Hope this perspective helps!

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