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Emahn Counts

Emahn Counts’s Answers

9 total

  • Can we be sued for deficiency judgment,

    volunteer repossess, our lemon car, needed new engine which we cannot afford, tried to get help from dealer and manufacture, can we be sued for deficiency judgment, 7,000 still owed? what if they sell the car for parts, and we have to pay the bala...

    Emahn’s Answer

    Yes. If you are ever served with a summons and complaint you should contact a lawyer to settle the case and make sure the damages are reduced. Or, if you want to settle it now, you could have an attorney that as well, and have a settlement agreement protect you from any future problems. Contact our office if you would like us to help.

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  • How do i obtain personal information of a debtor who owes me money from judgement ordered.

    i have no attoreny and Im lost

    Emahn’s Answer

    Hire an attorney to skiptrace the debtor's assets, hold a debtor's examination, then garnish his wages and bank accounts, and place liens on his real estate. Contact our office if you would like us to help.

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  • Need legal assistance to get money back i loaned to partner, boyfriend

    I lent approximately $50.000 to my partner last year in June 2008. We are no longer together and he is now refusing to pay back this loan. I have bank statements and a contract we both signed proving these payments. I am an Australian citizen t...

    Emahn’s Answer

    Since you have a signed contract and bank statements, sounds like you have a good case for breach of contract. Hire a collections lawyer to file a lawsuit and recover the debt for you. Call our office if you would like us to help.

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  • How can I recover monies and product owed to me from someone whom filed bankruptcy?

    I own an independant magazine... I have always paid my printer in advance for my orders. I have yet to receive many copies, and have recently heard it through the grapevine that she is going bankrupt. She gave me NO NOTICE, has held my funds fo...

    Emahn’s Answer

    File a Notice of Claim in the Bankruptcy case. Is this Steve? Contact our firm if you need assistance.

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  • I need to know what the best course of action is, pertaining to a suit that has been brought against me by a creditor.

    I have charge offs on my credit that are about four years old, one of the creditors is suing, and I have a summons to appear in court. I am not able to pay the amount owing ($4,500) + fees. I am currently working with a friend of mine, and am su...

    Emahn’s Answer

    Probably not. But, you should hire an attorney to settle and dismiss the lawsuit for you so you don't even get a judgment entered against you. Contact our firm if you would like us to take care of this for you.

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  • If the person I plan to marry (female) has bad credit and collectors after them, will they come after me to collect her debit.

    she owes 70K from her x husband runing up her credit cards. I need to know if I marry her and she changes her name to mine and we file joint on our tax returns and I put her name on savings and checking accounts do I become responsable for her pas...

    Emahn’s Answer

    Although the general rule is that you are not responsible for your spouses debts incurred before your marriage, I would be very cautious with this situation.

    For you, I recommend: pre-nup; separate bank accounts; file taxes separately.

    For her, I recommend she see an attorney to help her settle her credit card debt or file bankruptcy, if necessary. Contact our firm if you need advice on how to structure your financials.

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  • How can I collect a judgment from a debtor who has not paid voluntarily, even after taking him to a small claims court?

    I took someone to small claims court to pay money they borrowed from me. I won the case, he made two payments and then stopped. I have tried to contact this person an infinite number of times and I have not been able to get him to pay voluntaril...

    Emahn’s Answer

    Hire an attorney to garnish the debtor's wages, bank accounts, and place liens on his real estate. Contact our firm if you would like us to handle it for you.

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  • A store credit card is attempting to collect the difference of a debt settled with a different office. How to respond??

    I settled my debt in July 2008 with a collection agency collecting on behalf of a store-issued credit card. The balance in collection was under one account number and the total was the sum of two debts owed to the same vendor, and I made one paym...

    Emahn’s Answer

    You may be in trouble if you didn't get your settlement in writing - it will be hard to prove what your payment was agreed to be applied to. You may want to hire an attorney to prepare a demand letter to collection agency to get to the bottom of this.

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  • The IRS got a 1099 from a collection agency who claimed I owed them money from a 15 year old written off credit card debt. Help?

    They won't furnish proof of the debt and the IRS now says I under reported my income. Do I have recourse against the collectors? Loyalscott@yahoo.com

    Emahn’s Answer

    If you settled the debt for less than you owe, the difference can be considered Income and hence the 1099. If never agreed to settle the debt, you should hire an attorney to prepare a demand letter to get to the bottom of this.

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