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M. Wayne Tucker

M. Wayne Tucker’s Answers

265 total


  • I need to file bankruptcy, however I'm not working and I do not have any money.?

    M. Wayne’s Answer

    It won't hurt or cost you anything to set up a consultation with a bankruptcy attorney who can help you decide if it is the best option for you at this time. In the meantime, you should know that unsecured creditors can attempt to collect by asking you to pay but, until they actually file a lawsuit, serve you, and get a judgment, they cannot do much more. It is annoying but don't stress out about it. Become educated and if BK is the right thing at the right time, you will have a good idea what to do.

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  • How much does it cost to file chapter 7 bankruptcy??

    M. Wayne’s Answer

    The court charges $338 to file a Chapter 7. Some courts have self-help clinics to help you DIY. They will likely tell you, if you are over your head and need more help.

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  • I received a letter from a Mediation company, what do I do?

    M. Wayne’s Answer

    If you confirmed a lawsuit was filed and is being processed, then you can expect that a judgment will be entered against you. After a judgment is obtained, the creditor can ask for orders allowing garnishment of wages, liens on property, levy of bank account until the debt is paid. You will not put yourself in a worse position by calling them and cooperating to the extent possible to pay. If you have no real property, no job, and no bank account, they will not be able to collect but the judgment will be collectible for many years and will earn interest until it is paid or until it expires if it is not renewed.

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  • Need to settle payday loan

    M. Wayne’s Answer

    The best way to settle is to pay it as soon as possible because it likely has a high interest rate that can make it almost impossible to pay off the longer you wait. The best tool to negotiate is to not negotiate at all. File for bankruptcy protection unless you have assets that are not exempt from bankruptcy. A bankruptcy may relieve you of unsecured debt including pay day loans. Usually, my clients who have pay day loans also have significant credit card and other debt. Otherwise, they would not need the pay day loan. Get out from under all of it with debt relief available through bankruptcy. Consult a local bankruptcy attorney to find out if it is right for your situation.

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  • Will a Chapter 13 filing stop a foreclosure on inherited property?

    M. Wayne’s Answer

    In a bankruptcy you are required to disclose property that you are entitled to inherit even if you have not yet inherited the property. Your question implies that you already inherited the property or that you are legally entitled to inherit the property. As such, your interest in the inherited property would be an asset of the bankruptcy estate. If your interest in the property has value that could be used to pay creditors, and the interest is not exempt, then a Chapter 13 Plan would include payments sufficient to pay unsecured creditors the amount of the non-exempt asset. All of this leads me to conclude that a Chapter 13 would stay the foreclosure, at least until all of the above is determined. It is possible that you could catch up the arrears in a Chapter 13. It is also possible the lender may ask for and obtain an order relieving them from the bankruptcy stay so they can proceed with the foreclosure. Your best course of action is to consult with a local bankruptcy attorney as soon as possible.

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  • I found out 2 weeks ago my husband married another woman in Kansas how can I report him without having to pay?

    M. Wayne’s Answer

    You do not state what you want to report. If you want to report that he didn't pay for the divorce or that he got married before the divorce was final, you would let your divorce attorney know and she can report it properly. It is unclear why or what you want to report.

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  • How do I go about validating this debt

    M. Wayne’s Answer

    It is very possible this is a scam. Your question is repeated many times on AVVO. Do not pay or agree to pay until you know exactly what and who you are paying and you agree that you owe it. Fake creditors cannot do anything but try to con you into paying. Real creditors cannot do much except ask you to pay unless they prepare and file a lawsuit, serve you, get a judgment and then an order to collect. If you have further contact, you be the one asking questions so you get specifics of who is calling, for what company - name, address, email, website - for what debt, the amount of the debt, when it was incurred. Let them know you are taking notes so that you intend to report and request an investigation. If you have no further contact, then be glad they left you alone. They will go after someone else.

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  • Can a bankruptcy attorney keep my money?

    M. Wayne’s Answer

    Contact the Utah Office of Professional Conduct and file a complaint. https://www.opcutah.org/ They will help you through the process. If your complaint is determined to be valid, they will have the authority to address it. If not, they will tell you.

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  • Can my retirement be garnished in RI for a 2007 co-signer on a car payment that I stopped paying in 2020?

    M. Wayne’s Answer

    Check RI state law for exemptions from collection of judgments. I believe SS benefits are exempt in every state and retirement benefits are exempt at least until they are withdrawn or distributed. Consult with a consumer bankruptcy or debt collection defense attorney in your area for specific remedies. In the meantime, keep a log of all contact from them. Record the time of day, number of calls, identity of person calling. Let your step-son know what is going on and have him step up and pay for his car. Give his contact information to the creditor.

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  • Am I liable for a payday loan that is almost 6 years old?

    M. Wayne’s Answer

    This is very likely a scam. It is not even very original. By scare tactics and intimidation many people pay the scammers and that is why they don't disappear. A legitimate collection agency follows the rules and does not make idle threats with no back up. If you have further contact with them, you be the one asking questions and taking notes so you can report them. Get as much information as possible, name, phone, and address, email, website of company, name, address, phone number of supervisor of person you are talking to, account numbers, dates, purchases, ask for copies of documents. They will probably hang up on you if they are not legit or the addresses, names, phone numbers will not be real. Keep a log of calls, time of day of calls, etc.

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