I got a six figure judgment in a breach of contract case. Not a penny has been paid by Defendant. I need to make a motion to get a court order (Supreme Court) requesting that Experian release Defendant's credit report. Does this work? Anyone d...
A collections attorney who subscribes to a credit reporting agency can obtain a credit report in connection with ongoing judgment enforcement proceedings. I would recommend that you retain a lawyer experienced in this area of practice for the judgment enforcement which goes way beyond running a credit report.
I am a single mother and have been out of work for a year. I am trying to recover and support my child...and it will be very hard or almost impossible to pay that debt on those terms. Please let me know what I can do.
The best way to get a reduced monthly payment is by providing proof of financial hardship, which includes your lack of savings and earnings. The maximum amount recoverable is 10% of your monthly income (above minimum wage) and funds in excess of deposits of $2100 per financial institution. You must prove to the creditor's attorney that you earn less than $11,000 per month and have less than $2100 available on deposit, so that they will realize they cannot legally enforce the judgment to a greater extent. You must realize, however, that by doing so you are exposing your assets to a possible post judgment enforcement to the extent they remain attachable.
My ex wants to transfer the title to solely me from a previosuly held JTWROS title at a set sum, and I want to assume mortgage through a refinance on my own. What agreements do I need to prepare and should this happen at the time of refinance clos...
It can all be done simultaneously, but I would strongly recommend that you have an experienced Real Estate attorney prepare and coordinate the elements of the closing with all parties, including the lender.
just received a income execution letter that i have 20 days before they contact my employer for credit card debt i had from over 8 years ago. I did not go to court just received a letter from the suffolk county sheriffs office. Can they do this wi...
This is entirely legal if a judgment was obtained against you. If you believe that a judgment was improperly obtained because you were not served with a Summons and Complaint to commence the action, then you may review the affidavit of service in the clerk's file and request an Order to Show Cause to vacate the default judgment entered against you.
Getting them straight is hard! _______________________ ) ) ) ...
Ruler. Tab. ))))))))))))))))))))))))))See question
In the mail I received a 1099c cancellation of dept notice. That means I don't owe the debt any more, would that be correct?
That is NOT correct! You still owe the debt, but until you pay the IRS will consider the unpaid balance as "phantom income" and you will be assessed a tax, unless you are exempt. When you do pay, the income will be reversed. You should speak with your accountant.See question
Our house is being foreclosed, we tried the short sale route but when title search was done it was discovered there are 4 judgement liens on the house that were not cleared in our bankruptcy discharge. The mortgage was included in the bankruptcy ...
The judgment lien holder which is not served with notice of the foreclosure will not be foreclosed of its priority lien interest and any subsequent transfer will be subject to that lien.
I am selling my property in NY. I have a credit card judgement against me, which we worked out a deal and I have been paying for 2 years. I am selling my home now and my attorney said that because I have a judgement against me (NOT a judgement li...
Although not a lien, the lender, buyer and title company may insist upon satisfaction at or prior to closing. Perhaps a letter from the creditor may suffice in lieu of full payment.
I received an income execution yesterday in the mail from the sheriff's office stating that there was a judgement file against me in 2012 which I assume was for credit card debt, I have never received any judgment from this debt collector and the...
Yes. Unless you can prove that you were not properly served with the Summons and Complaint at the commencement of the action, you are foreclosed from raising any defenses. If you were not properly served, then you may be able to obtain relief via Order to Show Cause to have the Judgment vacated.
Thank you! Any other advice would be appreciated too!
The two most common methods for eviction are holdover and non-payment proceedings. You can evict under either method. The non-payment proceeding will get you into court quicker, but can be rectified simply by payment prior to issuance of a judgment and warrant. A holdover proceeding will take a month longer, or more, but if you truly want to remove the tenant, this is more difficult to prolong, providing compliance with all technicalities. I would suggest you retain an experienced lawyer who should be able to complete an eviction in 6-9 months.See question