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Alexander Paul Zarcone

Alexander Zarcone’s Answers

25 total

  • UD summons and Chapter 7 Dismissal

    If a tenant files a Chapter 7 petition 7 days before a unlawful detainer action. I believe the UD has to be dismissed and re- served once the Landlord has relief from stay. But what about If a tenant files a Chapter 7 petition 7 days before a u...

    Alexander’s Answer

    I agree with the previous response completely. There's no reason to mess around with the bankruptcy stay even if the case is now dismissed. Refile your UD action as soon as possible and you'll have a new trial date quickly.

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  • Creditor won judgment. Ready to file Chapter 7. Bank accounts has some money.

    Is it advisable due to the conditions above that I withdraw my money from the bank to avoid the creditor taking the money from my account ? I need the money to pay mortgage, living expense, etc... I want to play it safe and not fraud (illegal tra...

    Alexander’s Answer

    This would not be a fraudulent transfer. If you are considering filing bankruptcy you should consult with a lawyer sooner rather than later. My guess would be you're in more immediate danger of receiving an order for a wage garnishment rather than having your bank account levied - but that's not to say the creditor can't do both.

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  • I won a judgement in CA, but the defendant moved to Arizona. I recently found his address. Can I file a sister judgement myself?

    or would I need an attorney in Arizona to file? Is there a form online? His new address is in Chino Valley, do I need to go to that county or can I file in Pheonix area?

    Alexander’s Answer

    You need to contact an attorney in AZ who practices in the county where the debtor lives. Each state has their own rules regarding how to obtain a sister state judgment - but it would have to been obtained from the court that has jurisdiction over the debtor.

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  • After a judgement against me from a credit card collection agency

    A year later from their office, not a court, they sent me and my home mortgage co a demand for documents for lines of credit , and all loan applications with my mortgage co. Plus they want all my bank account #'s, phone #'s, ect. I think they are ...

    Alexander’s Answer

    Short answer - possibly, but you need to have an attorney review the documents. Creditors are allowed to "discover" certain information about you to ascertain the location and amount of assets that you may have that can be used to satisfy the judgment.

    The bigger issue is that you apparently have a judgment against you and the creditor can keep attempting to collect against your assets for the next 10 years to pay off that judgment - this can include wage garnishment, levying against your bank accounts and others methods to satisfy the judgment. Depending on the amount of this judgment and any other outstanding debts you may have, you may want to explore the option of bankruptcy, which may eliminate this judgment.

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  • What options do i have against lawsuit threats from collection agencies for old credit card debts?

    old credit card debts initially were 300 dollars, now they claim i owe 1500 dollars or they will sue me.

    Alexander’s Answer

    In furtherance of the above responses, if the debt, including interest and fees is valid, you often can negotiate a lower amount. Others may have different experiences, but generally for that amount of debt you should be able to negotiate down to 50-60 cents on the dollar. If this is one of many outstanding credit card debts, you may also want to consider bankruptcy.

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  • I am being sued for judicial foreclosure, trial is pending. My attorney recommended bankruptcy. What happens to attorney fees?

    I have been in litigation over my primary residence for two years, trial is pending. I've used two firms, the first did not do a good job, the second has done well but some of the damage is irreparable. My attorney has recommended bankruptcy as an...

    Alexander’s Answer

    To add to what Mr. Walker said above - relief from the stay can be obtained "for cause". Therefore, in general, legal proceedings against a debtor that have nothing to do with bankruptcy, i.e., child custody, would ordinarily be allowed to go forward. Other grounds for relief may include "lack of adequate protection" for an interest in real property.

    Also, I'm assuming the property has significant equity? Is there another reason to keep the property?

    We're located in San Diego - please feel free to contact us for a free consultation.

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  • What are the risks of defaulting on student loans as an expat?

    I am an American expat with nearly $100,000 in private student debt after getting my MFA degree 10 years ago. Now in my 30s, I am unable to save for my future or anything else while keeping up with my monthly payments. I'm considering defaulting s...

    Alexander’s Answer

    Aside from the expat part, as it appears you're in the US, private lenders do not have as many options as the government in collecting government loans. Basically, the lender can sue you, obtain a judgment and then garnish your wages, levy on your bank accounts, etc. You may have defenses such as forgery, fraud or mistake and you may have your own cause of action for unfair debt collection practices and/or truth in lending disclosures. For a more comprehensive discussion, see our blog at http://financialfreshstart.wordpress.com/.

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  • I am 75 years old and owe the CA EDD $30,000.00 due to a bankrupt business of 10 years ago.

    I was recently diagnosed with Asbestosis, the case is in court now. Will CA take any settlement/payment I recieve? [name and email withheld]

    Alexander’s Answer

    The first issue you should determine is whether the EDD has a judgment against you. If so, then yes, the EDD can "take" any settlement you receive. But the EDD would have to do this through a levy against your bank account or some other means. The only assets the EDD could collect on without you ever seeing it would be a tax refund owed to you from the state.

    The next issue would be, what was the judgment for? Payroll tax? You need to determine whether that EDD debt can be eliminated and/or find a professional that can assist you with structuring a settlement that cannot be garnished by the EDD.

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  • I received 'request for dismissal' from the creditor that never filed a lawsuit against me. Is it one of deb collection tactics?

    i have some credit card debts and one of the creditor (through attorney they hired for my case) recently sent me an offer letter to give a discount on my debt.. then after several weeks, sent me 2 identical letters (on the same day) that was tiled...

    Alexander’s Answer

    Without seeing the document, it's hard to tell. If the document identifies Los Angeles County Superior Court, you can go to https://www.lasuperiorcourt.org/onlineServices/civilIndex/ and look up your name to see if any suits have been filed against you. Collection companies are notorious for violating the law, so there's a reasonable chance they sent you false or inaccurate documents to get you to pay the bill.

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