Skip to main content
Mikalah Liviakis
Avvo
Pro

Mikalah Liviakis’s Answers

210 total


  • Do debtors have rights even when they've defaulted on a loan?

    Without going into the long sob story, the past couple of years have been extremely unfortunate for me. Circumstances became so overwhelming that my work was adversely effected and I eventually found myself unemployed. Fortunately I have marke...

    Mikalah’s Answer

    Try calling the creditor and asking them how much was owed when the car was sold and how much is owed now. The difference is the number that the car sold for.

    See question 
  • I wanna file for Bankruptcy chap 7. I am married. my husband filed for BK 7 in 2009. 4 months ago HE took a personal loan,

    the contract for that loan is in his name only. If I file the BK alone (because my husband can't file it with me), will I have to include my husband's creditor for that personal loan?

    Mikalah’s Answer

    his debt was incurred during marriage so it is presumed to be yours and would need to be listed in your bankruptcy along with all of your debts. what would change this requirement is if you had a an agreement that only your husband would be liable for that debt at the time that he took it out.

    See question 
  • How to force the collection agency to correct the wrong reporting?

    I saw a medical debt record from my credit report. I have already paid it and provided a collection agency with a receipt but the collection agency ignored my request and did not reply. How shall I force the collection agency to correct the wrong ...

    Mikalah’s Answer

    Make sure your request was in writing so that you can show judge you gave them a warning to correct it. If they aren't compliant a law suit might be necessary. These are very common and often force the collection company to pay for the damage they are causing.

    See question 
  • Can a repo company repo a tractor and take equipment attached to tractor legally? Tractor has now been sold again.

    John Deere tractor financed with JD Credit taken from property. JDC had every right to take back tractor but a Bush Hog 6 way hydraulic blade was attached to tractor when they repo the tractor. We contacted JDC and they said they were sorry and ...

    Mikalah’s Answer

    This will be a hard one to get money from the creditor on because the blade was attached and it something that is normally needed to operate the machine. It couldn't hurt to write a letter demanding reimbursement but I wouldn't expect much.

    See question 
  • What happens if a bank levy does not satisfy a judgement?

    Someone didn't pay me my wages earned, I went to the labor board and they granted me penalties. He never paid and it became a judgement. I levied his bank account but there wasn't enough in there to settle the judgement. What is my next step?

    Mikalah’s Answer

    Consider moving toward a second levy next month when there are additional funds in the account.

    See question 
  • What happens - I never received a fee dispute arbitration package & was served a summons for fees owed to ex-attorney.

    I was on a payment plan with my ex-attorney because he knew I was in financial dire straits. I barely make it each payday. My daughter got sick. I got behind in my rent and several bills due to medical costs plus college application costs. The str...

    Mikalah’s Answer

    Consider calling the attorney that is suing you and trying to reach another payment plan arrangement. Ultimately it sounds like the attorney just wants money so maybe you can work something out and avoid having to go to court.

    See question 
  • Can I sue over a lien wrongly being filed on my property?

    While trying to refinance my home, I discovered that a lien was wrongly placed on my property in 2013. I retrieved the judgment and, although we share the same name, the address is clearly different, so I don't understand why it was attached to me...

    Mikalah’s Answer

    Consider a strongly worded letter to the creditor explaining the situation and citing the Fair Credit Report Act. The creditor needs to remove the lien to prevent further damage to your financial situation. Contact a debt attorney to consult with.

    See question 
  • I have a levi on my bank account and I called the number the bank gave to me. The representative could not answer why they have

    I have a Levi on my bank account and I called the person the bank told me to call. She said she didn't see anything in my file so she couldn't answer my question about why they are freezing my account. What should I do?

    Mikalah’s Answer

    it might be brand new. check back with the bank in a couple of days. also check with the local sheriffs office because they often initiate the levy. consider bankruptcy because it does stop a levy.

    See question 
  • I have a garnishment out of New Mexico which I never had notice of court. Now they are garnishing my wages. Help please

    Yes I was never served and therefore never had the opportunity to go to court. now they are garnishing my wages how can i temporarly stop this while fighting it. I am the only one working and I have a family of 8 two with special needs.

    Mikalah’s Answer

    bankruptcy stops wage garnishment. meet with an attorney to decide between chapter 7 and chapter 13 to see what's best.

    See question 
  • I am a Realtor and the firm I worked for made the decision to hold my commission which is $36K and it is in a trust account.

    The Seller filed a lawsuit against the Real Estate Company and the firm decided to hold my funds to use towards their legal fees. This is not legal . My E & O insurance says the seller has no grounds against me. The Seller is an attorney and wants...

    Mikalah’s Answer

    chap 13 allows debtors to maintain their assets as long as they meet liquidation test and disposable income test requirements when drafting the plan. the chapter 13 also protects assets from creditors.

    See question