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HI, I am trying to get a straight answer to a simple question. Wifey and I had an attorney help us draw up a "California Marital Separation Agreement" using the Form MSA as our template. In the AGREEMENT we spelled out that after the date of s...
This is not legal advice. My initial thought is that a debt collector may not be bound by your agreement, however if you get sued, you could sue your former spouse for whatever your damages are from the lawsuit. As most attorneys will say, talk to a local attorney or better yet, talk to the attorney who drew up your agreement.See question
I just found out my wages are being garnished and can't find out who is taking the, why so much, and what for. And I really need this to stop because this has caused me to get behind on bills and not take care my family as I should.
Bankruptcy is likely NOT the only was out of this. You can contact an attorney who can investigate how and when the judgment was granted against you, and whether or not you received the proper notifications of the judgment and garnishment. In NY the Sheriff will send a garnishment warning to a debtor prior to actually garnishing wages. Talk to an attorney to see if this was handled properly.See question
I'm not making a payment, but only negotiating an agreed amount. Just by doing so will restart my judgement SOL to day one?
If you have a default judgment in New York you should contact an attorney to see if the default was obtained properly. I have found that the service of these types of lawsuits is often improper which makes vacating the judgment simpler.
In any case, merely contacting the plaintiff's attorney will not restart the time of a judgment which is 20 years by statute and will not be extended by making a payment.
My wife was served a summons for some credit card debt she had from when she was younger. It is filed under her maiden name to begin with and she does not have any income or assets. She is a stay at home mom. Is there anything thing they can do? S...
I would immediately contact a consumer protection attorney in Illinois to defend this lawsuit. If the debt is past the statute of limitations then you likely have a concrete defense and can get the case dismissed. If the collector violated debt collection laws then an attorney can possibly sue them for damages. Contact a lawyer right away.See question
I have been divorced for about one year. A letter from a company called HK Recovery offering to buy a judgment resulting from an automobile accident arrives every so often. The case was my Ex-wife vs. me and was for about $250 for an unpaid med...
On the face of your question, this does not seem like an FDCPA violation as it does not concern collecting a debt at all. I would contact an attorney who specializes in FDCPA issues and get more detailed advice.See question
They have already sued me and still continue to call me. They have completely filled up my voicemail in three days.
As the previous attorney mentioned, you can likely sue them under the Telephone Consumer Practice Act. It is best if you search for an attorney who specializes in this area and get more detailed advise. I don't specialize in this area but know an attorney who does.See question
I have had my wages garnished . The judgment was in another name not mine. I asked for proof that it was a debt I incurred they sent me a copy of a journal judgment for a Bruce B, Keys and since my name is Bruce Keys( have no middle name or initia...
I would talk to a consumer protection attorney immediately. If the original debt was not yours, then you can likely get the garnishment removed and may have a cause of action against the company that began garnishing your wages. You can go to the Court where the judgment was filed and they will help you get copies of any papers filed in connection with the judgment.See question
Hi, I recently was turned down for an apartment I was trying to lease. The management company did a background check on me, and based on the information they found, I was given a letter "F" Grade. They said that they had never seen that before. I ...
I agree with the previous answer. Get copies of your credit reports so you can see for yourself what's listed. If Amex is actually listing improper information AND you properly disputed it, then you may have a cause of action against Amex. I would contact a consumer rights attorney ASAP to discuss your options after you have secured copies of your reports.See question
I owe money to more than one creditor.
In my experience in New York State, a Sheriff or Marshall will only seize money for one judgment at a time. Any additional creditors must wait for the first garnishment to be paid completely before the second garnishment begins. It seems from the previous answers that the amount of the garnishment varies depending on your state. In New York it is maximum 10% of income.See question
have a default judgment from 2009 jp morgan chase received act statement from them 2011 with 0 balances for the credit line that this was for ? need to get this off credit report asap was called by collected few years back and tried to settle th...
I would get a copy of the filed paperwork on the case and contact an attorney immediately to review your options. If the default was secured incorrectly then you have a good chance of getting the judgment thrown out or negotiating a low settlement.See question