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Douglas Gist Farquhar

Douglas Farquhar’s Answers

75 total


  • Can I attend reaffirmation hearing by phone?

    BK court in San Diego.

    Douglas’s Answer

    No, generally you cannot. You must attend the hearing unless you are abroad in a war zone fighting for the military. There may be other exceptions but that is the one that I am aware of. You could try contacting the Trustee but it is unlikely that he or she will let you attend by phone.

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  • Credit card company Levied my bank accounts. Can they do that? Do I have any recourse?

    Can a credit card company levy my bank accounts even though they charged-off the account a long time ago? I owed a debt to a credit card company, and only recently decided to levy my bank accounts, however my credit report shows that they charg...

    Douglas’s Answer

    A charge-off just means that the debt was sold to another creditor/collector who will come after you now for payment. The charge-off did not make your debt disappear, you now owe the new creditor/collector. They apparently have a judgment because they are levying your bank account.

    It may be time to consider filing that bankruptcy to get rid of this debt. I would be glad to give you a free consultation. Call me Monday at 619-702-5015 or e-mail me at farquharesq@yahoo.com or visit my website at www.farquharlaw.com.

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  • A collections law office will not accept payments, wht should i do?

    i have been sued 2x by a debt collection law office. i have stopped payroll deductions 2x. i want to get rid if this debt, but they wont accept small payments.

    Douglas’s Answer

    I agree that bankruptcy is possibly a good option to consider if you qualify and if the total debt is large enough to justify one. I would recommend consulting a bankruptcy attorney about this.

    Unfortunately the creditor is not obligated to accept small payments so your other option is to settle the debt with them. A lawyer working on your behalf could be of help here too.

    I would be glad to help you if you e-mail me at farquharesq@yahoo.com or check out my website at www.farquharlaw.com.

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  • Wrong Social Security number on Garnishment summons

    I received a garnishment summons today, and my bank has already put the amount as debit on my account. The problem I noticed is that it has the wrong last four numbers of my social security number? Can I get the garnishment withdrawn?

    Douglas’s Answer

    I agree that they can fix this technicality if you indeed owe the money. But it is also true that you don't want to be too helpful and supply them with information that could hurt you.

    If the debt is high enough in total you may want to consider bankruptcy. Check out my website at www.farquharlaw.com to contact me if you want to discuss options. Or e-mail me at farquharesq@yahoo.com.

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  • Llc+personal bankruptcy chapter 7 allowable exemption amount

    my wife and i are 50/50 owners in our LLC. Business is under, but still operating. We are thinking of filling Chapter 7 personal. We personaly don't have any valuable assets, only a house that is worth less then a mortgage on it. Question:What wou...

    Douglas’s Answer

    If the house is worth less than the mortgage then that is a good thing. You can use whatever "wildcard" exemption that Wash. state has to protect any value the LLC has because you own the LLC and thus you own its assets.

    Any time a business is involved in a bankruptcy it is especially important that you find a good, experienced bankruptcy attorney to advise you on the best course of action.

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  • How long does it take after closing a joint credit card account to be in the clear?

    When my youngest went to college I added her as a joint co-debtor to my credit card. She's almost done paying it off (she's the only one who uses it) and then we'll close it. She's a full-time student with no income and I'm afraid they're going to...

    Douglas’s Answer

    I agree. It sounds like you can file a chapter 7 right away but contact an attorney to advise you on that. If you file a bankruptcy then you can begin to re-build your credit after it is over by getiing and using new credit cards and keeping the balances low and paying them on time each month.

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  • Why would a creditor refund a garnishment - Only to restart it after all payments have been returned?

    Leased a vehicle, returned the vehicle in 2001. Could not pay the over the limit millage at the time. Mazda sold debt to a Creditor " Law Office" Debt has been sporadically paid over the last 10 years. Started at 2,500. Moves, loss of jobs et...

    Douglas’s Answer

    The place to start would be the Sheriff's office. See if you can get any paperwork from them to trace this current garnishment back to some court in San Diego. The debt may indeed be legitimate and it may not be.

    $9500 is far greater than $2500 so that makes me wonder what is going on. The best thing is to have an attorney look into the situation to devise a strategy for you.

    If it looks like the debt(s) is/are legitimate then bankruptcy is usually an option to consider to take care of it once and for all. Check your credit report to to see what is listed there for debts and creditors.

    I would be glad to talk to you about this if you need more help. Check out my website at www.farquharlaw.com and you can contact me from there.

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  • Do I need a spousal waiver? I haven't heard from my husband in 7 years, not even child support services can find him

    I am filing a Ch.7 bankruptcy in CA. I have no contact with his family and I havent seen or heard from him in 7 years. What do I do?

    Douglas’s Answer

    I agree to hire an attorney right away. You do need a spousal waiver if you want to use the 703 (wildcard) exemptions. You could otherwise be given the homestead exemption which makes it more difficult to protect your property in a bankruptcy. An attorney can further advise you on these exemptions and possibly help search for your husband.

    You might also want to contact a family law attorney about the possibility of a divorce if you are so inclined. If you are no longer married then a spousal waiver should not be required. Find an attorney who does both family law and bankruptcy law and they could advise you on both issues.

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  • My ch. 7 bankruptcy case in California has been dismissed as of today. I am freaking out. How can I reinstate it?

    How much does it cost to reinstate the case/refile the case. I need to do as soon as possible. What is the procedure that I need to follow.

    Douglas’s Answer

    I agree that you need an attiorney now. Bankruptcy is complicated and comes with lots of rules. If you break one then they can dismiss the case. Hire an attorney right away to advise you on the next best course of action if the case has indeed been dismissed.

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  • My credit card company has my SS# wrong. Am I libale if i dont pay on the card anymore?

    Had card 3 months. Paid current so far.

    Douglas’s Answer

    I agree with the others. You made the charges on the card and you are therefore liable to pay for them. You may want to consider filing for bankruptcy if your credit cards balances are high. Contact an attorney to see if this is a good option in your case.

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