Douglas Gist Farquhar’s Answers

Douglas Gist Farquhar

San Diego Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Why hasn't a civil default judgment from 2006 ever shown up on my credit reports?

    Answered over 2 years ago.

    1. Kathryn Ursula Tokarska
    2. Russell Baird Adams III
    3. Douglas Gist Farquhar
    4. Daniel Tam
    4 lawyer answers

    I agree that you can call the court and find out what is going on with that lawsuit. You would then know the amount and to whom you owe the money. If it is a collection agency then you could contact them or the attorney to see what the underlying debt is for. If you do not owe then you could atempt to re-open the case and try to set aside the verdict because you were not properly served. You would need an attorney to this because it would be difficult to do yourself. If you do owe the...

    1 lawyer agreed with this answer

  2. Retain vs. Reaffirm

    Answered over 2 years ago.

    1. Brent Steven Snyder
    2. Douglas Gist Farquhar
    3. Kathryn Ursula Tokarska
    4. Kelly Donovan Jones
    4 lawyer answers

    It is true that most auto loan companies will allow you to retain and pay which means that if you keep the payments current then you can keep the car. It is also true that Ford notoriously does not allow this option but most others do. The best thing to do is to file and list it as "retain and pay", let the creditor contact your attorney, and then discuss it with the creditor what they will allow. It depends too if the payments have been made on time and how recently the car was purchased...

    1 lawyer agreed with this answer

  3. Return car.

    Answered over 2 years ago.

    1. Carlo Sabatini
    2. Douglas Gist Farquhar
    3. Scott Richard Kaufman
    4. Mitchell Paul Goldstein
    4 lawyer answers

    It does sound like she will be on the hook. You said "She only has the car on her credit". This sounds like she signed onto the loan and she is therefore liable for it. She will therefore probably still be liable for it after your bankruptcy. She will then have to file a bankruptcy too, or pay the balance, or settle with them, or let them come after her (which I don't recommend). You could help her pay for it but if you turn it in now and you alone file for bankruptcy then the creditor...

    1 lawyer agreed with this answer

  4. To check if a person filed for bankruptcy, do I need to visit Bankruptcy Court or, is there an online bankruptcy case records?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Eric D Ridley
    3. Douglas Gist Farquhar
    3 lawyer answers

    I agree that you should get on PACER to look up the records. Check the site and get signed up.

    1 lawyer agreed with this answer

  5. Should I file a General Denial or PLD-C-010 (answer-contract) if defending credit card lawsuit? I am in CA.

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Bruce Allan Wilson
    3. Douglas Gist Farquhar
    3 lawyer answers

    I know it is not a lot of money but as you can see these defenses are complicated and you would be best served if you used an attorney.

    1 lawyer agreed with this answer

  6. How To Pay Off Debt And End Wage Garnishment

    Answered over 2 years ago.

    1. Susan Kathryn Ashabraner
    2. Douglas Gist Farquhar
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I have had the same trouble with Chase. Try the Sheriff's office to see if the will take the money and deliver it ot the creditor and then not proceed with the garnishment and give you a receipt.

    1 lawyer agreed with this answer

  7. Bankruptcy Question

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Alan D. Walton
    3. Douglas Gist Farquhar
    3 lawyer answers

    Yes, you are going to need an attorney's help with the request for a Rule 2004 examination. In it you can ask anything related to your husband's finances, his right to a discharge, or anything that may affect the administration of his estate. Therefore you could ask about his transfering of assets to his trust which could be found to be fraudulent. Rule 2004 is a very broad discovery rule which is very intrusive and which would give you the power to examine his finances to see if he was...

    1 lawyer agreed with this answer

  8. I filed bankruptcy on a property. was renting out at time. can we still evict the tenants?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Douglas Gist Farquhar
    2 lawyer answers

    Contact an attorney to help you with this. If you mean that you filed a personal bankruptcy and you exempted the property in the bankruptcy and therefore you have kept title to it after the bankruptcy (because there was little or no equity) then the property is still yours. If th property is yours then you can evict the tenants up until the foreclosure sale happens and the property is sold at the foreclosure sale. My fact pattern makes a lot of assumptions though so discuss the details...

    1 lawyer agreed with this answer

  9. Chapter 7 bankruptcy. I been living in a motorhome in CA campgrounds. How do I claim residency for my BK. Go from place to place

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. Douglas Gist Farquhar
    3. David Leon Speckman
    3 lawyer answers

    I agree to contact a bankruptcy lawyer in your area and to stay in one place for 91 days so you can say you reside in that district. One idea would be to get a post office box at a local mail store in the area you are staying and receive mail there for 91 days. That would be some kind of evidence that you reside there. Remember that you have a right to file so it is just a matter of where you file but you want to file in the correct district to prevent a dismissal of your case. Contact an...

    1 lawyer agreed with this answer

  10. If a credit card company (Target National Bank) has charged off an account, can they still sue the debtor?

    Answered over 2 years ago.

    1. Nikhil J Chawla
    2. Frank Wei-Hong Chen
    3. Michael Stephen Agruss
    4. Douglas Gist Farquhar
    5. Wesley Kent Hill
    5 lawyer answers

    I agree with what the others said. This debt was charged off by Target but sold to a collector, CIR, who now owns it and can collect the full amount from the debtor. And don't forget about interest because they will add that continually to the original debt. If they sue the debtor they will add court costs and attorney fees. No one has mentioned bankruptcy as a possible option though. If the debtor has other debts the debtor may want to contact a bankruptcy attorney to see if...

    1 lawyer agreed with this answer