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Hale Andrew Antico

Hale Antico’s Answers

94 total

  • How do I stop wage garnishments after they start?

    I am having my wages garnished from a debt collector and I have another lawsuit from another debt collector. I underwent a medical situation about a year ago that left me with a lifetime illness. Although the illness does not limit my ability to w...

    Hale’s Answer

    You can try to negotiate with them, but I think you'll find their attitude a bit unreasonable. They have all the leverage, and are quite happy with the current arrangement of draining your paycheck. But certainly settling is one option.

    Another option is to file bankruptcy. Don't just rush into bankruptcy, however, as it could result in liquidation.

    You really should see a bankruptcy attorney for a consultation. Soon. Time is literally money.

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  • If I have no income and nothing of value, and can't pay back a debt at this time- can I go to jail?

    When I was younger, I got some credit cards(4) and now with all interest and only being able to pay on them for a yr. at min amount comes to $4,000. HAYT HAYT & Landau have them now and they want to make out a payment arrrangement. I ...

    Hale’s Answer

    No, you can't go to jail. It would be awfully hard to repay your debt from there, anyway.

    My hat's off to you for your determination to repay your debt. Certainly, no one ever HAS to file bankruptcy, and you sound like you want to work your way through this.

    Watch out for this, though: they don't have to work with you on your terms. With judgments, future paychecks can be garnished, bank accounts can be swept out. So when you do get back on your feet, you may want to reassess the landscape.

    But as far as doing hard time with Lindsay Lohan, I wouldn't worry about that.

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  • We filed chapter 13 and included our house. We now can't afford the payments and want to surrender the house.

    BAC is now contesting this. Why would they do that?

    Hale’s Answer

    The best reason you'd be hearing from your lender if you're planning on surrendering the house is that you haven't paid for a number of months. The "contesting" you speak of - and I'm guessing here - is likely a Motion for Relief of Stay. This means the BAC paperwork you have is that the lender wants to take steps to recover their collateral. In other words, if it is a MRS, the bank wants the house back. If this is what the "contesting" document is, it's what you want.

    Don't forget to tell your attorney this is what you want so they can modify your plan or convert your case to Chapter 7.

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  • If a creditor is taking payments from you can they turn you over to collections?

    What has happened is that back in March of this year I was terminated from my job due to being hit by a truck on the way home from work. The Medical office that I owe refuses to go with a lien (my case is in litigations) so all that I am able to p...

    Hale’s Answer

    It sounds like a tough siutation. At some point, you signed a contract to borrow money and repay it with interest. Either you are in compliance with that contract or you're not. Their acceptance of your partial payment does not constitute modifying the original agreement. So, because you are in breach of the contract, the creditor has the right to collect, up to and including lawsuit.

    I'm not far from you. If and when you want to review options, including bankruptcy, do not hesitate to give my office a call.

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  • Best way to bankrupt a credit card debt or get one small payment?

    I cant afford to make payments ..I have 15k in credit debt im wondering if theres a way to remove or lower the debt somehow

    Hale’s Answer

    This is like asking, "I don't feel well. Do I need surgery?"

    There are many things to consider, and a good bankruptcy lawyer will review all of your options, the good and the bad of each one, and then give a recommendation. that's suited for you. Sorry I can't provide more specific help to such a general question. This forum doesn't allow for full-blown discussions. You may want to discuss things with a local professional. We're generally pretty nice people.

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  • Do I have to keeping paying on credit cards that I plan on going through bankruptcy to get rid of?

    My husband and I just started the refinancing process but now that I am not working, I plan on going through bankruptcy for my personal debt (3 credit cards). Do I need to continue the credit card payments while going through the refinance proces...

    Hale’s Answer

    • Selected as best answer

    There is no requirement that you be current on credit card debt when you enter bankruptcy. In fact, most people are not.

    However, be aware that if you slip behind on credit card payments, that will result in poor credit, collection calls, harassment and potential lawsuits. In fact, the summons of a law suit will make you want to file bankruptcy faster, even though the filing of the bankruptcy may hurt your chances at the refinance.

    Because you're not sure how long the refi will take, and because you don't want to have a summons force you to file bankruptcy sooner than you otherwise planned, you'll need to give serious consideration to if/when you cease payment.

    Also be aware that under 11 U.S.C. 523(a), certain debts that you incurred prior to the bankruptcy may be nondischargeable. Making repayment on these recent debts may help you down the road.

    As far as specific questions regarding your particular situation, go meet with an attorney for a free consultation.

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  • What evidence allows collection agency Wilson & kennard get permission to serve my bank & levy my bank account?

    What is a default judgment ? what is writ of execution ? they have accused me of trying to serve me at work and that I refused to come out. They have showed paper work to the judge that my co worker was served on my behalf but I have never hear...

    Hale’s Answer

    I'm sorry to hear about your situation. It seems that there was a lawsuit, you tried to thwart the process server, and somehow the creditor prevailed in court. If you didn't believe the debt was valid, accepting service and then fighting the debt in court may have been a good idea. But because the case went on without you, there may be a judgment against you.

    Now that there's a judgment against you, the creditor has the right to recapture "its" money. And if it's being held in your bank account, they have the right to get it.

    Perhaps you can vacate the judgment and re-litigate the validity of the debt. While you should have done so a long time ago, you really should seek counsel.

    Good luck to you.

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  • I recently got sued for credit card debt that I incurred awhile back.

    I thought the statute of limitations expired on collecting this debt. How can they sue me and possibly prevail?

    Hale’s Answer

    Answer the complaint and assert the statute of limitations if you believe the facts support that defense. If you're somehow wrong on the facts regarding the dates, bankruptcy stops lawsuits and even the collection of judgments.

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  • I plan to take my mortgage out of my ch13 but stay in ch13 with other creditors that I owe. Can't the bank still sue me?

    I'm wanting to surrender my property by taking it out of my ch13, but remain in ch13 to pay off other creditors. Can the bank still seek a deficiency judgment against me? Or am i protected because I'm still in bankruptcy with other creditors?

    Hale’s Answer

    You are protected by the bankruptcy. However, if you "take the mortgage out to surrender it," the mortgage company will go around the bankruptcy protection to get its house back. And then the difference, if any, will be added to the bankruptcy as unsecured debt.

    This new debt may throw your repayment plan out of whack, so adjustments will need to be made. Contact your attorney and let him/her know your intentions so they can file the appropriate documents.

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