Archived
Is it mandatory that prior to a complaint filed that the debt collector /attorney or the Plaintiff must send a
Theodore's answer
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Answered on October 31, 2011
No demand is required. They can just sue. The first thing you need to do if and when you get sued is file an Answer. The summons will tell you...
Archived
If I already called & tried to settle (but was refused) when I got a summons for credit card debt can I still Deny on my Answer
Theodore's answer
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Answered on October 31, 2011
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...
Archived
Can an attorney have a Sheriff seize my motor vehicle and real estate (primary residence) and sell it?
Theodore's answer
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Answered on October 31, 2011
A judgment filed against you generally constitutes a lien against all real property in the county where the judgment is filed, even if it is just a...
Archived
Can a leander ask for the remaing balance that you owe on a jeep that has been repod and resolded.
Theodore's answer
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Answered on October 31, 2011
The amount remaining can be collected. You will have to check state law regarding the notices that were required to have been sent to you.
Archived
I had judgement ( credit card) ,now they filied motion against my house (lien),If I filied BK 7,can I Avoid this ?
Theodore's answer
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Answered on October 31, 2011
Bankruptcy generally removes all liens and judgments but you need to discuss the specific facts because it depends on how much equity you have and...
Archived
On my chpt. 13 plan, will I be able to claim the $175K homestead exemption allowed in CA?
Theodore's answer
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Answered on October 31, 2011
People often ask if they can keep homes, second homes, cars, boats, tax refunds, etc., when they are contemplating Bankruptcy. I always tell them...
Archived
After getting a Chapter 7 discharge on my home, does the automatic stay end or is a motion to lift stay necessary to foreclose?
Theodore's answer
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Answered on October 31, 2011
The automatic stay ends when the case is closed and no motion is required.
Archived
I never paid for my civil demand letter fine and it has been three years since it happened. should i worry?
Theodore's answer
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Answered on October 31, 2011
You may worry, but you should not contact the people who sent you the letter nor should you make any payments. (I never tell people that it will...
Archived
I'm in Chpt. 13. What does it mean when it says my case is "tentitive to dismiss"?
Theodore's answer
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Answered on October 31, 2011
If you do not file the plan and make good faith payments the case will be dismissed even if your ultimate intent is to sell the home.
Archived
Does an adversary proceeding need to be resolved prior to a Chapter 7 discharge?
Theodore's answer
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Answered on October 31, 2011
The discharge is not dependent on the Adversary. The adversary could be going on for years after the discharge is entered. Filing the adversary...
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