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Steven Anton Marczeski

Steven Marczeski’s Answers

7 total

  • My Claim of Exemption was granted! Should I use form FL-678 to prepare the order? This is for a levied bank account not wage

    garnishment. The tentative ruling states: Claim of Exemption granted for $2, 300 per CCP 704.010 (a)(3). When the levy hit, I had $2,399 in bank account. Does that mean $99 goes to judgment creditor? Would I put that on the order? Any help ...

    Steven’s Answer

    It would depend on who levied the account. FL-678 is for a governmental levy of your bank account for child support.

    If this is a standard civil judgment, you may be sent an order or a document called a 'minute order', that you can take directly to the levying officer (usually the Sheriff's Office)

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  • Does the trustee in a chapter 13 bankruptcy represent the creditors?

    Does the trustee in a chapter 13 bankruptcy represent the creditors? Wisconsin.

    Steven’s Answer

    The Chapter 13 Trustee is charged with several tasks, among them:

    1) To ensure compliance by the debtor of all applicable bankruptcy laws.
    2) To ensure the plan proposed by the debtor contains all disposable income of the debtor, and that the plan also would be in the best interest of the creditors.
    3) To distribute the proceeds of the monthly payments to the plan.

    So, while it seems that the Chapter 13 works in some ways for the best interests of the creditors, No Chapter 13 trustee actually represents the creditors. Any creditor in a Chapter 13 case can be represented by their own attorney, and often is the case.

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  • Home foreclosed during active duty.

    I bought the house in 2005. Joined army on January 2009 and HSBC foreclosed on MAY 2009 and I never received any notice. I had to file bankruptcy last year. Now I learned it was wrongful foreclosure. I can not get security clearance due to bankrup...

    Steven’s Answer

    Who refused you the security clearance? Was it DoD through the ISP, or the Army? That has a huge effect on what your next step is. Was your bankruptcy discharged or dismissed? Were you on active duty when your house was foreclosed?

    Much more information is needed.

    You might want to contact an attorney who deals in Security Clearances and in Bankruptcy. I'm available to chat with you should you need to.

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  • Mc Mahans Furniture Judgment

    I have a judgment thru Mc Mahans showing not satisfied..back in 2008 I went to court and mcmahans started taking money out of my account. I paid account in full but furniture store forgot to send out letter of satisfaction. This furniture store c...

    Steven’s Answer

    If the store went out of business, a successor should have taken over the judgment (a judgment is an asset, just like a computer or a desk).

    If you do find out who owns the judgment now, you can send a demand for them to satisfy judgment. Please refer to California Code of Civil Procedure §724.050, which you can read here

    1.usa.gov/RqmZ5A

    Please note that there are penalties for a judgment creditor or successor who does not enter satisfaction of judgment. Please refer to that statute or contact an attorney in your area should you need further assistance.

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  • I am filing Chapter 7 tomorrow and I am subject to a continuing wage garnishment- how do I notify my HR to stop it immediately?

    Im in Maryland

    Steven’s Answer

    I would in addition to the HR department of your work, I would have your attorney notify the levying officer of the jurisdiction that you live in (in CA it is the sheriff) just to make sure that if they do have any money, to not turn it over to the creditor.

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  • I NEED A SAN DIEGO Bankrupty and Debt Collections Attorney! Violations of the FDCPA and discharged debt from 2005 Chp 7 HELP!

    I have posted here before about a bank that is RELENTLESSLY harassing my husband and me over a debt that was discharged in Chp7 Bankruptcy in 2005. The debt was for an RV. There was no reaffirmation agreement signed, and there were no adversary co...

    Steven’s Answer

    • Selected as best answer

    I am in San Diego. I would like to talk to you more about this case.

    Note that there has been a rash of lenders using call centers overseas who are using threats, intimidation and other violations of both the Rosenthal and FDCPA act to bully people into paying these discharged debts. You are correct in knowing that the debt is discharged.

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  • I just checked my bank account balance and found out my money is gone , reason : notice of levy writ of execution .

    Upon receiving an email alert for the balance of my account showing $ 0.00 balance , I accessed my account Online to find out all my $ balance in my account is $0.00 . the detailed transaction says : NOTICE OF LEVY UNDER WRIT OF EXECUTION CASE #...

    Steven’s Answer

    You don't mention if you are serving overseas in a military capacity, however, if you are, you may be protected by the Servicemembers Civil Relief Act (SCRA). If it is in fact a collection case, and the case happened while you were serving overseas in a military capactity, you are protected by this Federal Law.

    The Servicemembers Civil Relief Act (50 U.S.C. App. §§501-597b) can be found here: http://www.justice.gov/crt/spec_topics/military/scratext.pdf

    If you are a military service member, your local JAG office should be able to help you. If not, you may wish to consult with a consumer rights attorney to help you further.

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