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Mikalah Liviakis
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Mikalah Liviakis’s Answers

189 total


  • What are the exceptions to the rules that furnishers of information (creditors) need to provide accurate information i.e. death

    I have a creditor that reported two 30 day lates on my credit report for July and August which have 31 days in them. I had a conversation with a representative in which she failed to advise me this would result in a 30 day late as I had never been...

    Mikalah’s Answer

    It is possible to sue the creditor for violation of the federal law. Creditors are required to provide fair and accurate information on the credit report. In some cases damages can be negotiated and the creditor can be forced to correct is pattern of abuse.

    www.liviakislaw.com

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  • Do I get sue for not paying medical bill in collection?

    I have had a medical bill in collection since May 2011 In California. Is it considered written contract? Base on California laws, the statue of limitation is 4 years for this category, correct? I never have enough money to make any payment. Will I...

    Mikalah’s Answer

    Medical bill collectors do bring law suits to collect from time to time sometimes even past the statute of limitations and the statute would need to be asserted as a defense. Making payments on the debt though can toll or extend the statute time frame.

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  • Collect a Debt

    Hello, I saw your commercial after watching TMZ. I totally dropped the ball on a debt for $50,000 plus from an ex Latin girlfriend back in 2005-2006. I had an attorney and I am almost sure he won the judgment but we never put a lien ...

    Mikalah’s Answer

    check with a local attorney for debt collection and see what the statute of limitations is for collection, its often 8-10 years and that time may be running out soon. some attorneys wlll take this on a contingency.

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  • What options do I have regarding wage garnishment?

    I received a letter from my employer on October 2014, regarding wage garnishment from a judgment made in 2008. I don't recall being served or the debt i was sued for.

    Mikalah’s Answer

    bankruptcy will usually stops wage garnishments. also a motion can be filed to challenge service as improper to attempt to cancel a judgement.

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  • Do I need a bankruptcy or credit/collection lawyer?

    -Bought a RV at McMahon Dealership in Mar 2014, who filed bankruptcy in Jun 2014. I financed the purchase thru BofA, which I'm currently paying. -Found out later that the RV was traded by Mike Fulton, who financed his RV through Southla...

    Mikalah’s Answer

    change of ownership does not usually change the liability for the loan. also, when creditors go out of business they commonly sell their debts to new companies. a bankruptcy attorney can tell you if you qualify for debt relief options.

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  • Filled chapter 13 two years ago, lost job and it was dismissed , today received a letter Substitution of trustee, full Recon,

    This letter is from Wells Fargo and had my second loan with them should I worried about this action can they sell my house?

    Mikalah’s Answer

    2nd mortgages usually remain the responsibility of the debtor if the case is dismissed prior to completion.

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  • Is it considered reaffirming my 1st and 2nd mortgage if I sell my condo (not short sale) Condo worth more than what I owe.

    8 months ago my condo was underwater.I got chapter7 discharged in December 2012 which includes my 1st and 2nd. The bank has not foreclosed and I want to get rid of the condo ASAP to not pay anymore HOA. I just found out from Realtor that the condo...

    Mikalah’s Answer

    HOA dues that come after the chapter 7 may still be an issue for a debtor. The debtor can sell a property after chapter 7 without the bank's approval as long as the funds through the sale are sufficient to pay off the bank(s).

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  • How do I apply or ask for mortgage forgiveness or Principal reduction.

    I have my first mortgage with Wells Fargo for $315k and 2nd Line of Credit with Chase is $38k. The Value of the home I believe is $340k-350k. I was recently discharge with chapter 7. Discharged includes my mortgages.

    Mikalah’s Answer

    Chapter 7 eliminates personal liability for the debt. However, if payments on the mortgages are not kept current the bank can foreclose on the home. Some debtor's seek loan modification by communication with the bank. Others turn to chapter 13 to catch up on missed mortgage payments. Chapter 13 can even be an option after chapter 7.

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  • I successfully got an exemption for a wage garnishment, and now the creditor levied my bank account.

    Now I've successfully won an exemption for the levy as well. (They didn't oppose) From what I understand my garnishment exemption doesn't need a renewal, but for the bank levy I don't know. Can they just levy again? Or does the exemption stand for...

    Mikalah’s Answer

    Funds in a bank account may have a different source than the debtor's paycheck, so they require a difference exemption if one applies.

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  • I'm in Ca and being sued by a credit card. If the court finds it in their favor, what can they do to me?

    I am currently working and paying on a home but we do not even make ends meet to pay the basic bills. Can they still garnish? Also I heard about taking money out of bank accounts. I currently owe the credit card company $8000

    Mikalah’s Answer

    Garnishment of wages and levying of bank accounts are both possibilities.

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