Skip to main content
Eric Charles Lewis

Eric Lewis’s Answers

3,618 total


  • If I am a 100% disabled veteran, and I am being sued by a collection agency, can they garnish my VA disability pay?

    Eric’s Answer

    Remember, there's a difference between liability and collectability. If you have exempt wages, they may not be able to garnish or attach those funds, but you may have other non-exempt property for them to go after, such as non-exempt equity in real estate, motor vehicles, and so on. You should respond to the lawsuit to protect your rights or they will get a default judgment against you in their favor.

    For more information:
    https://youtu.be/77cpQZrcSEg

  • Do three beneficiaries have equal rights to a payout

    Eric’s Answer

    If the brother is the owner of the policy, he had the right to change the beneficiaries' percentages.

  • How to see if im going to be served with papers?

    Eric’s Answer

    Most Indiana courts now have records online at mycase.in.gov. You can search by your name, limit the options to certain counties, etc.

  • Hair stylist took picture of me after trim and highlights. Now picture is on Pinterest for another stylist ?

    Eric’s Answer

    Perhaps, but what are the damages? You may hire a lawyer and pay a few thousand dollars to force them to remove the image, but if you're not a well-known celebrity, how much was the use of your image to this stylist? Probably a more important question is whether you signed a release or authorization for the use of your image with the original stylist, which could later be sold or assigned.

    DISCLAIMER:
    This is not legal advice and we do not have an attorney-client relationship.

  • Can a dealership sell a used car that can’t pass emissions?

    Eric’s Answer

    You answered your own question:

    "I purchased a used car “as is” in Indiana in a county that does not require emissions testing."

    The answer is yes.

    In fact, a vehicle sold "as is" could be sold in any condition, even if the county does require emissions testing, since you are assuming ALL RISK when you buy a vehicle without a warranty and the condition of the vehicle, if known to the buyer, is disclosed to the seller by the buyer.

  • Can we hire outside help to finish getting rid of junk in my parents house?

    Eric’s Answer

    Your question is confusing because you say that your sister is executor and that there's a will, but no probate? I understand the home may have been transferred by its designation on the deed, but there can't be an executor if there's no probate proceedings authorizing such a person.

  • If i file chapter 7 can i file my furniture on there?

    Eric’s Answer

    The answer to your question depends on a lot of variables: the type and value of the furniture. How the lender is, and how much you owe them. There are many things that an experienced bankruptcy attorney would review with you to give you proper guidance.

  • Can a lein be put on a property if the debtor is on disability and is secondary on the mortgage?

    Eric’s Answer

    If his name is on the deed to the home, there's a good chance that there is already a lien on the house if they got a judgment against him. Whether it's a lien that can be foreclosed upon is a question of how the deed is held, what kind of equity there is in the property and how aggressive the Plaintiff/Judgment-Creditor is in going after its money.

  • Net pay was less than 30 x ,7.25 (minimum wage in Indiana) and had money garnished from pay check. Isn't that against the law?

    Eric’s Answer

    The garnishment law that protects a certain amount of money from wage garnishments is based on gross income, not net.

    You can find out more here:
    https://youtu.be/-R9FxzwcYdg

  • Can I countersue for waisting my time and lying in small claims court?

    Eric’s Answer

    You haven't described anything that would merit a counterclaim. However, you could ask the court to award attorney fees for the lawyer you hire by asserting that the claim was brought on frivolous grounds. Other than that, you have to defend yourself in court against the claim.