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Ivan Raevski
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Ivan Raevski’s Answers

461 total


  • Response to Pressler and Pressler letter: DV letter, SOL letter, or settlement offer?

    I received a letter (not a summons - haven't been sued yet) from Pressler informing me that my credit card account with Chase, purchased by Midland Funding LLC, has been placed with Pressler for collection. The debt is definitely mine. My last pay...

    Ivan’s Answer

    you can challenge the statute of limitations in court however most likely the court will apply the NJ statute of 6 years since the agreement was made in NJ. If you receive a summons and complaint you can file a motion to dismiss based on statute of limitations.
    If you decide to make a deal with Pressler, make sure you get a written copy of the agreement signed by both parties before you make any payments. the agreement must state that they are accepting X amount of dollars to settle the account in full and will dismiss any claims with prejudice upon your payment.
    Of course you are likely to get a better deal if you have an attorney represent you. This might make economic sense if the amount of debt is large enough to justify paying for an attorney.

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  • WIsh I didn't need to consider chapter 7 but I wonder if thats my best option. I'm 61, husband is 70. We both lost good jobs

    years ago. Between credit cards and our mortgage, we owe more than we make. I just finished breast cancer treatment and now there are medical bills. I had to buy health insurance which is not affordable but I had to have it. Husband had simult...

    Ivan’s Answer

    sounds like chapter 7 may be a good option for you to discharge your debts. however a lot depends on the amount of equity you have in your home. If it is above the exemption limit, you might have to consider filing for chapter 13 bankruptcy to be able to keep your home and discharge all the unsecured debt (credit cards, medical bills, etc.)

    either way you should schedule a consultation with a bankruptcy attorney to review your options and decide what is best. many attorneys including myself offer free consultations. without reviewing all the facts it is difficult to determine if chapter 7 is your best option

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  • Statue of Limitation for Credit Card Debt. Bank of America is in Delaware, I am in New Jersey.

    I had credit card debt from Bank of America which was sold to CACH. I am in New Jersey but my understanding is the statue of limitations for me to get sued is 3 years because it is Bank of America from Delaware, is 3 years based on their custome...

    Ivan’s Answer

    Statute of limitation on contract cases is 6 years in NJ. I assume that you applied for the credit card while in NJ so NJ law would apply. However if the agreement with Bank of America expressly states that the terms of the agreement are to be governed by DE law, then you have an argument,.

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  • What is the statute of limitations for personal injury in NJ. I heard 6 yrs.

    Simply assault two times 2014. Town v. him. Judge did not want me to show up. Cop did not either. Defendant called and beggd me and cried to talk to prosecuter. I did. Softy. First time. It was dismissed. It happened again. I was not asked to show...

    Ivan’s Answer

    Statute of limitations for personal injury in NJ is two years from the date of the incident.

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  • How soon can I file legal separation and then divorce?

    I have no choice but to live with my (soon to be ex) husband. I'm a stay at home mom with no savings and he can't afford two places. Can we still file legal separation? How long do we have to live apart to file for divorce?

    Ivan’s Answer

    there is no such thing as legal separation in NJ, you are either divorced or married. You can file for divorce right away so long as you have had irreconcilable differences for 6 months or more and have lived in NJ for a year or more. There are other causes of action such as separation for a period of time, however for the most part cause of action does not matter in NJ as it is a no fault state and most people file under irreconcilable differences for 6 months or more.
    You do not have to live apart to file for divorce.

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  • Can my lawyer make a plea deal with prosecutor in a shoplifting case, meeting with a lawyer soon to take my case

    Items take were 41 dollars in nj, I am willing to pay fines and costs and restitution

    Ivan’s Answer

    plea deals are very common in shoplifting cases. there are many factors to consider though, your past criminal history, value of the items, the particular town, etc. sometimes an attorney can get the case dismissed. in other cases he/she would be able to work out a deal with the prosecutor for a lesser charge or get you into a program (PTI) which upon completion would allow you to have the charge dismissed

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  • Should I file a Response to Motion for Summary Judgment to a Credit Card Debt Lawsuit with only 6 days until Return Date?

    Does it make sense for me to file a Response to Motion for Summary Judgment for outstanding credit card debt ($30,000 in the Law Division), if I only have 6 days to Return Date? I was following up with my case today using online resources and fou...

    Ivan’s Answer

    Call the opposing counsel and see if they will agree to an adjournment of the motion for one cycle. Usually this is not a problem. Once you have consent call the court clerk and ask for an adjournment so you can file a response.

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  • Can my cheating husband get spousal support. I will have our children.

    He has worked under the table for over three years of our 8 year marriage

    Ivan’s Answer

    You don't provide enough details here. Alimony is always a possibility. His cheating is usually not a factor as nj is a no fault state.

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  • Can I do anything legally if my fiancee' has been living with me for over a year, but also is not divorced from years ago?

    Both claim to have separate lives, but because her grandchildren don't know their fathers, he helped raise them until 3 years ago. Now his wife is calling and asking for favors and money for the kids, she says he can't say no to them it's not righ...

    Ivan’s Answer

    I am not exactly sure what your question is. Sounds like your "fiancée" needs to get divorce from his wife. Until he gets divorced and married to you, you don't really have any rights as to how he spends his money or who gets it. Doesn't matter if they live separate lives, they are still legally married, same as if they lived together.
    he is not obligated to support his grandchildren, only his biological or adopted children. You should both schedule a consultation with a family law attorney to explore whatever options are available.

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  • My X-BF is suing me for $3000 that he helped me with a month ago.

    I met My X-BF in 2010 and then recently we started talking and eventually we got together and decided to be with each other. He then insist to help me with my bills reason being I lost my job. He help me at first with 2000$ and then another 1000$ ...

    Ivan’s Answer

    Sounds like this was a gift from your boyfriend to you unless you expressly made a deal that this was a loan. If it was a gift, he cannot sue you. If it was a loan, he would need to prove that it was a loan and generally this would be difficult absent any written agreement between the two of you or witnesses who could testify that a loan was being made.
    A deputy won't come to your house to arrest you. he could possibly file a complaint in court and then you would have a chance to file an answer and have the issue decided by the court. If you get a complaint, make sure you don't ignore it, otherwise he automatically wins.

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