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Matthew Erik Johnson
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Matthew Johnson’s Answers

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  • I filed bankruptcy 2013. I filed my taxes. I never heard back. Now I received motion to move. I refiled and emailed copy 2 tru

    I thought the trustee just took my refund. But what happened was turbo tax never sent them...they have no record. So I resubmitted them. What should I do? Can they dismiss my case? Can they take my 2014 refund?

    Matthew’s Answer

    Not sure what you mean by a "motion to move". If you mean a motion to dismiss then you should contact the trustee office immediately and explain whats going on. If you have an attorney, even better since you can actually have the attorney figure out the status if you payment plan far better than we can on Avvo since there are some variables I'd need to fully answer this question. Is it a 3 year plan? 5 Year plan? Shorter (ie did your plan pay in full before the required time frame)? This is very important and you should get on this immediately.

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  • Case Dismissed without prejudice after bankruptcy

    Hi, Five years ago I was sued in a securities case and the plaintiff was awarded the amount in arbitration. I had to file Chapter 13 which is now Closed and Discharged. After this I received a letter from the court saying that the previous secur...

    Matthew’s Answer

    • Selected as best answer

    Dismissed without prejudice does mean they could hypothetically sue you again. However, since you received a discharge, the creditor cannot sue you again on the debt you owed. If they do, you will have a lawsuit for consumer protection against the creditor.

    The "without prejudice" is therefore a misnomer in this case, since technically the bankruptcy makes it "with prejudice". But I suppose if they found some reason to overturn the discharge, for instance if it was discovered you had committed bankruptcy fraud, then they could potentially sue you again. This is just the attorneys covering their backs.

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  • Please help...What to do? I've had this Cred. Crd debt for over 10 yrs, but in 2012 contacted firm repping Cred. Cd Company.

    Credit card company (CCC) filed a judgment against me 2010 for amount owed to them. Hadn't spoken to the law firm representing company. 2012 - CCC filed a garnishment against me-I called them. At the time, was able to work out payments, so they st...

    Matthew’s Answer

    Depends on what the amount of the debt is. Chances are if you're having trouble paying the credit card, its time to file for bankruptcy.

    if you file, then you generally have to include all of your creditors. You can choose not to in some states. If you have a $0 balance you can avoid naming the "creditor" if you choose; though its not really a creditor unless you owe something.

    Beyond that you should look to either negotiate a settlement or file. To know which I would need to delve into your income levels and debt levels to make an accurate assessment.

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  • What does a preacipe to record judgment mean?

    I received a civil action suit from a credit Nov 2013 and have paid $100 monthly to them faithfully since that time to current but this week now I received a Preacipe to Record Judgment and I am not sure what that means. Can you please help?

    Matthew’s Answer

    This means they have filed a lawsuit against you and are demanding you respond to the Preacipe in order to avoid a default judgment. Essentially this is fancy legal jargon intended to confuse you. Thanks PA. This means you have to appear and show cause why a writ shouldn't be issued against you. Im assuming a writ of garnishment but I could be wrong.

    I would visit with a bankruptcy attorney or several in your area. Don't necessary file but you need to know your options as to Bankruptcy or debt negotiations.

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  • What are the next steps to take when disputing a debt collection on your credit report. I already filed something on transunion

    I have told the debt collector that I dispute the debt and the name on my credit report of the original creditor is inaccurate. I've never had any type of business dealings with that individual.

    Matthew’s Answer

    Usually the next step would be to follow up with the credit agency and to send out a letter to the agency to correct the change and document the attempt to correct the error. Make sure you keep all mailing receipts and to sent the letter by certified mail so you can verify this in the future if a lawsuit needs to be filed.

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  • Do I need to pay a use tax on digital products my business uses, such as stock photos I purchase to use in projects for clients?

    I came across the article on Digital Products Rule Adopted on dor.wa.gov. Trying to determine if I need to pay Use Tax on all the stock photos I purchased for use in my projects. To be clear, all my clients are outside of WA, I have no c...

    Matthew’s Answer

    No. You pay tax on your earnings and the money you use to purchase the stock photos are business deductions. Any sales tax should be included in the sales price and are paid by the provider. You do not pay them.

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  • My dad had a will made up in 1990. My mom had one made up for herself after he passed. Heir on my dad but not my moms. Legal?

    My dad had a will, then once he passed my mom made a new will which she left my sister everything. I was in my dads will as an heir. Legal? I just learned after her passing that she even had a will.

    Matthew’s Answer

    This would highly depend on the estate plan which was engaged at the time your father passed. If he used a trust then its possible your mom would not have authority to disinherit you in a will of the trust assets.

    If your fathers will was made in consideration of your mother's will, and a no-modification clause was included, then you would have a claim against the estate.

    Finally as mentioned, if there was undue influence by your sister in changing the will (which can be hard to prove) then you might have a chance to challenge the will.

    Absent either of these two circumstances, if your father left everything to your mother, then she has full rights to do whatever she wants with the property, including excluding a potential heir.

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  • How do I designate payment to each successor on a small estate affidavit?

    For the Small Estate Affidavit for the State of Washington, there is no option to have the property evenly divided between successors. The choices are "sole heir" or one individual claiming it all and disbursing. How do I instruct the insurance ...

    Matthew’s Answer

    As noted by the other attorney here, a small estate affidavit allows a person to take possession of any property available. They then have a fiduciary duty to distribute those assets according to state law (absent a different agreement)

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  • Can I fire the executor to the estate that was left to my brother and I? She is not doing her job.

    My mother died left the estate to my brother and I and left a executor for the estate and she is not doing her job we have been in probate for two years and she still hasn't done inventory on any of the property and we have received 0 reports on...

    Matthew’s Answer

    As Mr. Nelson has advised, there are a few methods available to acquire an accounting. This will require filing an adversarial claim and/or motion to compel production of the accountings. If distributions were improperly made, you may file a lawsuit against your sister for violation of her fiduciary duty. Recently I have also noticed a rise in attorneys leaving cases open and charging up hourly fees with no legitimate reason to do so. In that case it would not be your sister at fault, but the attorney, and you can file a grievance with the state bar and/or malpractice.

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  • My mom died on Jan 5th. My sister is the Exec. I have no idea what is going on other than cremation. Any advise?

    I don't know if my moms will has been changed. My dad had one made before he died. My mom was cremated per her request. I know nothing else, what if Any rights do I have? I don't even know who has done the cremation. My sister has handled everythi...

    Matthew’s Answer

    You do have the right to force a probate if you need to. If a probate has not been filed, you can open a case and order a will to be produced if you believe your sister has a copy. If none can be found, the estate will be distributed by intestate succession (default rules for distributing assets), and you should seek to be made executor if your sister is unwilling.

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