Alexander Paul Zarcone’s Answers

Alexander Paul Zarcone

San Diego Banking Law Attorney.

Contributor Level 8
  1. What options do i have against lawsuit threats from collection agencies for old credit card debts?

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. Thomas Anthony Schaeffer
    3. Alexander Paul Zarcone
    4. Richard Scott Lysle
    5. Javed Inam Ellahie
    6. ···
    8 lawyer answers

    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.

    7 lawyers agreed with this answer

  2. I want to file Chapter 7. I am disabled and am paying for a wheelchair accessible van. Do I have to exclude it to keep it?

    Answered almost 2 years ago.

    1. Brian Campbell Fenn
    2. Hermin A. Dowe
    3. Joshua Branden Swigart
    4. Deborah F Bowinski
    5. Dorothy G Bunce
    6. ···
    7 lawyer answers

    In San Diego, if you file bankruptcy and you purchased or leased the vehicle, you should be able to "reaffirm" the purchase contract or lease as long as you meet some prerequisites. This means you can keep the vehicle as long as you keep making your loan or lease payments. You can also go to http://financialfreshstart.org/br_law_group_Bankruptcy_Consumer_1.htm and http://financialfreshstart.org/br_law_group_Bankruptcy_Consumer_9.htm for more general information on filing bankruptcy in San...

    5 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Alexander Paul Zarcone
    2. Carl H Starrett II
    2 lawyer answers

    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.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I reduce or get rid of student loan debt?

    Answered almost 2 years ago.

    1. Joshua Branden Swigart
    2. Thomas Anthony Schaeffer
    3. Eric Jerome Gold
    4. Susan Kathryn Ashabraner
    5. Alexander Paul Zarcone
    5 lawyer answers

    You may have some options depending on the type of loan, etc. A "Direct consolidation loan" allows you to consolidate your loans into a new loan with a repayment plan tied to income (click link below to blog article on consolidation). "Rehabilitation" of student loans has become the favored tool among debt collectors. You can also eliminate student loan debt through bankruptcy IF you meet the 3 prong undue hardship standards. There's a lot of "ifs" so an attorney would need more details.

    3 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Justin Drayton Graham
    2. Michael Raymond Daymude
    3. Brian Crozier Whitaker
    4. Michael Frank Chekian
    5. Alexander Paul Zarcone
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

  6. I need someone with expertise in Federally insured student loans from the 1970's. How do you investigate any balance claim?

    Answered almost 2 years ago.

    1. William James Waters
    2. Brad Francis Weil
    3. Christine C McCall
    4. Alexander Paul Zarcone
    4 lawyer answers

    Per Mr. Waters advice try www.nslds.ed.gov to determine what type (if any) government loans you may have. It sounds like whomever contacted you didn't pursue the matter since the contact was several years ago. If the collector contacts you again, send a letter to the collector requesting validation of the debt.

    2 lawyers agreed with this answer

  7. I got sued by CACH in San Diego.

    Answered almost 2 years ago.

    1. Robert Harlan Stempler
    2. Seyed Abbas Kazerounian
    3. Richard Scott Lysle
    4. Carl H Starrett II
    5. Alexander Paul Zarcone
    6. ···
    6 lawyer answers

    You need to file an "answer" or some other form of pleading within 30 days of being served with the complaint. If this is just one debt of many or if CACH is suing for a large amount, you may want to consider filing for bankruptcy. Bankruptcy will immediately stop this lawsuit and any other attempts to collect on this or other debts. See the link below for FAQ about bankruptcy. Understand that if you go it alone against CACH and lose, they will be able to garnish your wages, take money out...

    2 lawyers agreed with this answer

  8. What happens to my nonexempt assets if I file Ch 7 BK and then short sale or foreclose on my property?

    Answered almost 2 years ago.

    1. Javed Inam Ellahie
    2. Hermin A. Dowe
    3. Michelle Sara Rofeh
    4. David Lloyd Merrill
    5. Alexander Paul Zarcone
    5 lawyer answers

    No tax liability for some loans secured by your primary home --- In the past, homeowners using short sales or deeds in lieu were obligated to pay tax on the amount of the forgiven debt. However, the new Mortgage Forgiveness Debt Relief Act of 2007 changes this for certain loans during the 2007 through 2012 tax years only. Bankruptcy to avoid tax liability --- You can also get rid of this kind of tax liability by filing for Chapter 7 or Chapter 13 bankruptcy, if you file before escrow closes....

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Alexander Paul Zarcone
    2. Jacques H. Geisenberger Jr.
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

  10. UD summons and Chapter 7 Dismissal

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Alexander Paul Zarcone
    3. Javed Inam Ellahie
    4. William Earl Winfield
    4 lawyer answers

    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.

    1 lawyer agreed with this answer