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Shelly Crocker

Shelly Crocker’s Answers

123 total


  • Under WA state law what is more valid, judgment signed by judge or court docket information

    This is just a simple question - what is considered more valid - a judgment form filled out and signed by a judge or the court docket information?

    Shelly’s Answer

    I would want to look at the documents, since a court docket can be very hard to read, but the actual judgment order signed by the judge would be the most important document. One thing that can be confusing is the difference between the date of an order or judgment (the date the judge signs it) and the date it is entered on the docket. The date it is entered is the important date for some things, like counting for the appeal deadline.

    BTW, there really is no such thing as a simple question in law!

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  • Debt collection, wage garnishment in WA state, debtor's rights

    can a collection company that got my account for my reposed car garnish my wages after only having the account for 1 month

    Shelly’s Answer

    Except in extreme cases where a prejudgment writ of attachment is granted by the Court, your wages cannot be garnished unless a creditor first obtains a judgment against you. A default judgment can be obtained within a month if you fail to answer a summons. Some collection agencies will work with you to accept payments over time, but in extreme cases, bankruptcy can be a way to stop garnishments.

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  • Chapter 11 bankruptcy filings, chapter 11 bankruptcy cases U.S. bankruptcy court

    how to see if a business has filed bankruptcy? I want to check if a particular business has filed foe Chapter 11. They have done some fraudulent activity-how can that be reported?

    Shelly’s Answer

    If you are a creditor, you may have the ability to bring an action against a debtor in bankrutpcy who has acted fraudulently. You would have to commence a lawsuit, so it might be more expensive than it would be worth, but you may want to consult with a lawyer in your area.

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  • Debtor's rights under MA creditor debtor law regarding collection agency's harassment when bill has been paid

    collection agency still calls even though nothing is owed - bill is paid.

    Shelly’s Answer

    You might want to try sending them a letter, and say "I dispute this bill" since you don't believe you owe them any money. Many times, debtors believe that they should not have to pay any longer once the principal amount of the obligation has been paid, but there might still be charges, attorneys fees or interest still unpaid. I sympathize with your plight. You have a right to know what they are charging you for, and if you really have paid in full, then you may have a cause of action under state law or the Fair Debt Collection Practices Act.

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  • Bankruptcy lawyer fee dispute in GA, lawyer is raising our flat fee by $500 what are our rights

    Greetings; We-hired-a-lawyer-inGeorgia-to-file-a-Chapter-7. .On-the-web-he-posts-his-expertice-in-other-areas. We-don't-care-for-his-brash-persona-but-we-could-live-with-that. He-said-he-would-have-to-raise-his-fee-by-$500.00-because-we-call...

    Shelly’s Answer

    I usually charge more than $2,000 for a Chapter 7, but there are some lawyers who charge less than that. If you are not satisfied with your lawyer, you should think about whether it is in your best interest to change to a different one. But it does sound like this lawyer has already given you some advice, and he might expect you to pay for his time if you decide to change. Ultimately, you should only work with a lawyer you feel like you can trust. Some state bar associations have fee mediation procedures, so you could try calling them.

    That's-a-drag-about-your-spacebar.

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  • Chapter 13 or 7 bankruptcy, discharge of school debt tuition if put on credit card

    what if i'm a full time student without an income, will it be harder for me to file fo bankruptcy since i don't have an income, and would i be able to put my school debt with my credit debt?

    Shelly’s Answer

    I have never looked at the question before. I think that the credit card company could try to argue that the debt was non dischargeable, which would involve litigation. This question is a good example of why it is so important to use a qualified bankruptcy lawyer, even for a case that seems staight forward on the surface. You might also consider whether bankruptcy will really help you at this point, in any event, if you are a student and you don't have a lot of assets to protect. I hope that you are successful in your studies.

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  • Mortgage foreclosure MD law and bankruptcy, discharged bankruptcy mortgage

    My sister and brother-in-law filed for bankruptcy within the last 3 years. Included in this was a second mortgage for which they owed $15,000.00. They have received a letter from this bank advising them that the bank is going to sell their home fo...

    Shelly’s Answer

    If the "second mortgage" was a consensual lien (which I would assume it is), then the obligation to pay it continues to be secured by the house. The bankruptcy generally would discharge the personal liability for the debt, but not void the security interest. I would contact the bankruptcy lawyer they used and she if she or he can help, or call the mortgage company and try to work something out. Good luck to them!

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  • Procedure to settlement with creditor in WA state

    I owe an insurance company money. its been about 6 months before i got a letter from there lawyer. stating they wanted to get it resolved. tryed to tell me they would not except $250, so i just started sending the insuarance co. that amount and am...

    Shelly’s Answer

    It's hard to know how to help without more facts. You don't say how much they claim you owe. It does sound like you agree that you owe them money, so generally creditor lawyers will be willing to try to work with you to come to a reasonable settlement. I would keep trying, and I would not sign a new promissory note with them. Best of luck to you! Shelly

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  • Procedure un MI civil rules for filing an answer to a summons and complaint

    How do I file an answer and are there any forms I need to fill out?

    Shelly’s Answer

    Filing an answer to a complaint can be a tricky process, and you can waive claims or defenses you might have against the plaintiff if you fail to raise them in your answer. It really is not a job for an amateur, and you should honestly consider hiring an attorney, depending upon the amount in question and the potential consequences if you do not prevail. Consult Avvo for lawyers in your area.

    That being said, it is better to file something with the court, and yes, a form is required. Usually, the clerk's office at the court will NOT give legal advice, but they might have a form which you would then file with the clerk. You could also contact your local Bar Association to find out if there are any resources to help you. Good luck!

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  • Letter from a lawyer that I am getting sued no idea what for

    I got a letter from a lawyer and the company was dodeka llc. for 1,700.00 not sure what it is for how can i find out

    Shelly’s Answer

    Under the Fair Debt Collection Practices Act, any letter to collect a debt should identify the debt. You should write back immediately, and include the words "I dispute this debt." I would not make any offer to settle, since technically, that could have the effect of reinstating a debt that otherwise lapsed due to the statute of limitations (you actually have to make a payment to reinstate, but they might try to argue that a letter with offer language in it was an admission of some kind). You have 30 days to dispute the debt in writing, so I urge you to act quickly.
    Many lawyers are interested in helping people whose consumer rights have been violated. You can find a good list of them at the website for the National Association of Consumer Lawyers, or here on Avvo.

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