Archived
What happens if I unintentionally forgot to serve my ex with the summons to appear and I got the default judgement ?
Wayne's answer
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Answered on May 12, 2018
Odds are your default judgment is in effect . . . but not for long. It can be vacated by your ex. If it substantially affects their rights,...
Archived
Question: Is pre-settlement funding considered an advance (only repayable once settlement is reached?)
Wayne's answer
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Answered on May 12, 2018
Depends on the terms of your agreement. Sounds like you're looking for funding, instead of asking about terms of an existing arrangement. Unlikely...
Archived
Can a college withhold my transcripts when tuition was discharged in a bankruptcy?
Wayne's answer
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Answered on May 12, 2018
Your first question is was it really discharged or did you simply get your discharge. Student loans are generally not dischargeable and cannot be...
Archived
What can I do when someone is threatening to kill me if I don’t pay back the money I owe him?
Wayne's answer
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Answered on May 12, 2018
If you are genuinely afraid and other options have not worked, calling the police seems wiser than doing nothing
Archived
Whats a lawyers job in a bankruptcy ?
Wayne's answer
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Answered on April 28, 2018
Your lawyer's job is defined by your retainer agreement with them. The bankruptcy code requires written retainer agreements. Read the...
Archived
How long is a debt judgment good for after the judgment Can the creditor renew the judgment?
Wayne's answer
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Answered on April 15, 2018
A judgment lien on real property is valid for 10 years. It can be extended.
The time for enforcing a judgment is 20 years. However, under certain...
What are the legal pros and cons of asking for debt validation?
Wayne's answer
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Answered on April 15, 2018
The whole idea of debt validation is testing the creditor's reality. They have to show that you owe the debt. If you don't owe it, great. If...
Archived
Being forced to pay child support twice
?
Wayne's answer
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Answered on April 14, 2018
You can't be forced to pay the same debt twice. You need to be sure that's what you're being forced to do. If you're right, challenge it.
Archived
Already in chapter 13 NY can trustee take new veteran disability award payments
Wayne's answer
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Answered on April 14, 2018
Generally veterans' disability awards are unavailable to creditors. That also make them unavailable to the trustee. Your chapter 13 trustee is...
Archived
I was kicked out of my apartment by my husband 17 years ago.
Wayne's answer
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Answered on April 14, 2018
Welcome back. In addition to your wage garnishment execution, you should also have received a notice of your rights as a judgment debtor. If...
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