Archived
Should I pay the amount that the HOA's lawyer says that I owe and then sue the HOA for undue process & inaccurate charges?
Theodore's answer
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Answered on May 28, 2011
There is no such thing as a good faith payment and I am certian you will find that the HOA had no duty to work with you or give you notice of the...
Archived
Will foreclosure show up on your credit report if it was filed after the debt was discharged in bankruptcy?
Theodore's answer
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Answered on May 28, 2011
It depends on when the judgment of foreclosure is entered. If the judgment was filed before you filed the bankruptcy it will (and should be) on...
Archived
We filed a ch 13 last year in order to keep our home. we made the payments and paid the trustee payments in the meantime my
Theodore's answer
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Answered on May 26, 2011
You can convert back but you need the permission of the court and the Trustee.
Archived
Can I sue EDD in Small Claims Court? How do I do this properly?
Theodore's answer
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Answered on May 26, 2011
I doubt the facts you have listed here will be the basis for a successful law suit. Emotional distress damages are very difficult to prove so that...
Archived
Help with paperwork for credit card debt settlement with collection agency
Theodore's answer
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Answered on May 26, 2011
Even if they cannot serve you properly that does not mean that they will not try and serve you at your last know address and will get a judgment...
Archived
Apparently there is a 10 year statute of limitations on a judgement. Am I responsible for debt I never received notification on?
Theodore's answer
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Answered on May 26, 2011
Judgments can be renewed in NY so they are good for twenty years.
When you find out that a judgment has been entered against you, normally by...
Archived
What bankruptcy Chapter should I file If I want to Keep 3 homes?
Theodore's answer
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Answered on May 26, 2011
You will probably have to file Chapter 11 because your secured debts are over the threshold for chapter 13, but this has to be analyzed by an...
Archived
Is it legal for collection agency to leave detail info about a judgement they have against me on voicemail/answe machine
Theodore's answer
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Answered on May 26, 2011
Contacts with third parties (someone other then you) are controlled by the following statute. FDCPA §804(3) says: A debt collector shall not...
Archived
If a husband files BK to stop a foreclosure can a pending motion to settle journal entry go forward against the wife who is also
Theodore's answer
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Answered on May 26, 2011
The automatic stay should stop everything if the wife is listed as a co-debtor. If the wife has no liability then she need not worry.
Archived
My husband cosigned a student loan for our nephew and now we are being attacked!
Theodore's answer
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Answered on May 26, 2011
Your husband is responsible for the entire debt. The penalty for default is 25% plus interest and collection costs and the debt cannot be...
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