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Timothy Cecil Springer

Timothy Springer’s Answers

70 total

  • Can springleaf garnish wages?

    Timothy’s Answer

    Ahhh. Sorry about that. I just saw the Washington part and assumed you were there. Also, it was not clear that you are only a couple of months behind. The 4 years would begin to run from your last payment, not when you took out the loan in 2007. But you at least still have time. The attorney will probably try to collect first before filing a lawsuit. The best thing is try to get the payments caught up. They will likely add fees, etc though. you probably have at the very least a couple of months before they get to the garnishment point. If they serve you with a lawsuit, you can file an answer and slow them down even farther. No matter what, bankruptcy is always the trump card. But if you can get the money to catch it up, then call them and tell them you have it. Ask for a supervisor at that point.

  • Judgment on a debt, but we couldn't find who to pay, (out of business) now collectors are trying to garnish.ARCHIVED

    Timothy’s Answer

    You need to talk to a Washington State attorney and find out what the statute of limitations is there. Here in California it is 4 years. But, I cannot speak the Washington law. If they are suing you on a "Zombie Debt" you might have a defense that it is too old. But you REALLY need to talk to a Washington attorney, and quickly before they get a default judgment.

    Good luck.

  • I have a Springleaf loan from Washington state. I am unable to pay them and they are talking about garnishing my wages.ARCHIVED

    Timothy’s Answer

    It is not that easy for them. They must sue you first, and get a judgment. Once they have a judgment, THEN they could garnish wages, or levy your bank account.

    Even if it went that far, bankruptcy will stop it, and if you choose a good bankruptcy attorney in your area, they might be able to get some of the garnishment back. This is why you want an experienced attorney.

    Hope that helps.

  • I filed chapter 13 bankruptcy but it was closed without discharge. Now I have judgements and may need to file again. Am I eligib

    Timothy’s Answer

    • Selected as best answer

    It sounds like you need to talk to another local bankruptcy attorney in your area. They will be able to look at the court's records and see exactly where you are at with your case. If the previous case was closed, you could file again. If not they may be able to see what may can be done to fix it. Just find an EXPERIENCED bankruptcy attorney practicing in YOUR area.

    Hope this helps.

    Tim S.

  • I am working with a debt consolidation company on credit card debt. I had three credit cards In January of 2014 I got a 1099 CARCHIVED

    Timothy’s Answer

    This is one of the many reasons I am not a big fan of debt consolidation. I wrote an article here about 3 years ago. you can still find it here:

    In my opinion you are doing Chapter 13 without any protections. The fact that you get the 1099 for the amounts forgiven is something they should have to disclose, but in my experience the average consolidation company doesn't. If you are not getting good service from the company you have, fire them and find another one. Or simply do a Chapter 13. But the short answer to your question is probably yes they can charge you, and will. So, fire them then add them on as another creditor to be negotiated with for the next company.

    Good luck with it.

    Timothy Springer, Esq.

  • Can I consolidate my student loans under a Chapter 13 bankruptcy?ARCHIVED

    Timothy’s Answer

    The short answer is , yes you can. Student loans are treated like any other unsecured loans in a 13. However, they will not be discharged, and you will still be responsible for the balance at the end. The accident sounds like it is dischargeable. They would get the same percentage as the student loans from your plan, but the balance would be discharged at the end.

    Hope that helps

    Timothy Springer, Esq.

  • How long does it take to dismiss a chapter 13

    Timothy’s Answer

    It just takes a request. As long as you did not originally file a seven, and convert to 13. Then you have an absolute right to dismiss. You request a dismissal, and it gets entered.

  • Bankruptcy now? Or wait until after graduation?ARCHIVED

    Timothy’s Answer

    Depending on how much increase in income she gets, it would be possible that you would have to do chapter 13 if you wait, and make payments for up to 5 years. If you do it now, (based upon your facts above) it sounds like you may qualify for chapter 7 right now. The student loans are not going away. But you can get a discharge of the other unsecured loans in about 4 to 6 months.

    Hope that helps

    Good luck

  • I received a letter from a collection agency for a gym membership that I had years ago. What should I do?

    Timothy’s Answer

    You need to check with an attorney there and find out what the statute of limitations is on contract. Here in California it is four years, but you have to assert it. It may be different there. If it beyond the limitation then send them a letter telling them they have lost their right to collect, and to leave you alone.
    But again, check with a local attorney there.

  • If my student loans are in default and with a credit agency and can't pay the minimum payment do I have any options?ARCHIVED

    Timothy’s Answer

    There is an excellent website with information on what you can and cannot do.

    Check it out, and good luck with it