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You'll be surprised how fast a debt collector stops pestering you once you hit them with an FDCPA suit. If they are sending you collection notices, take all of them to your local attorney who handles FDCPA cases. Our firm has handled numerous FDCPA class-action cases without any cost to the clients. This is a highly specialized area of the law, so please do your research when picking your attorney. Good luck.See question
our joint checking accounts have been frozen since Friday. I thought because our account are joint the debtor was not legally able to do this. However, when I went to mt bank to question this, they basically said there was nothing they could do an...
In Pennsylvania, creditors cannot execute on a joint bank account held by husband and wife, unless they have a judgment against BOTH. Most attorneys in PA know this, so instead of filing objections you should first contact the attorney who’s executing on your bank account and inform him that this is a jointly held bank account between a husband and wife. If he refuses to dissolve the garnishment, you will then need to file appropriate objections with the court.See question
No payment that I was awarded by the courts, to this date, have been received. Please advise me. I have remained patient
This is a very common question I come across in my practice. If you know the bank or a credit union where Defendant keeps his money, you may execute on that bank account. This is the most common way of enforcing a judgment. This is done by filing a Writ of Execution with the applicable court and having it served on the Defendant and the Bank (along with proper interrogatories). Upon receipt, the bank will freeze Defendant’s account until it is directed to release the funds or dissolve the attachment. Another common way to enforce a judgment is to have a sheriff levy on personal assets of the Defendant. Again, this requires you to obtain a writ of execution and have it served on the Defendant. Your local sheriff can guide you in your quest, but they will certainly not hold your hand in this process.
Also, aside from the exemption challenges you will face during the execution process, as mentioned in the earlier post, there is another common thing to point out – it’s that in Pennsylvania, you are not allowed to execute on jointly owned marital property (also known as property held as “tenants by the entireties”) if you only have a judgment against ONE spouse. This applies to joint bank accounts, cars, house, etc. Any attempts to do so will likely be struck down by the court if the Defendant challenges your execution.
As you can see, enforcing a judgment is not an easy process and involves many complicated intricacies that cannot be explained in a single Avvo post. As you can see, chasing after someone with a judgment is a challenging process and precisely one of the main reason why most cases settle before going to trial.
I hope this shed some light on your situation.See question
I won a hearing against an Individual who I loan money to. He filed for bankruptcy. He will be let go of all his debt. The court allowed me an extension for 60 days, which will end by Nov 22, 14, unless I file for another extension. I was told I ...
You can try to use avvo or legalzoom. They have referral service that will put you in contact with an attorney. Consultations are free. However, I'm more concerned about what basis you have to object to the discharge. The loan you speak of seems like a typical unsecured debt - such debts are generally discharged in bankruptcy. Unless this debt was procured through fraud or secured by some collateral, I honestly can't see you prevailing here.See question
A relative was contacted by phone telling him that it was a process server looking to serve me papers and to call back an 800 number to avoid being sued. I called yesterday and it was a debt collection agency pretending to be from litigations. I w...
If you believe that a debt collector used unlawful tactics in its attempt to collect a debt, then I would recommend that you contact an attorney. The FDCPA is a strict liability statute, meaning that the judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages! You also can be reimbursed for your attorney’s fees and court costs.See question
Absolutely. The automatic stay will immediately stop all attempts to collect a debt. Also, if the garnishment funds have been properly exempted, they can be returned to you.See question
I need to file bankruptcy (7). I have not been served to appear in court, credit card co's. have now sent to collection agencies etc. I am unemployed and need help ASAP.
Yes, Consumer Bankruptcy Assistance Project. They are located in Philadelphia. Although the service that they provide is free, you will still need to qualify for their assistance. Here's a link to their website: http://www.philalegal.org/html/consumer_bankruptcy_assistance.html
Good luck.See question
I had a credit card that went to collections. I honestly thought I had paid it off but can't find any records of it. I went to court and a time of discovery was set. Since I was unable to gather proof I called the law firm handling the case for th...
Here's how I'd handle something like this...Call the law firm again. Ask for a copy of the settlement letter. Once you get off the phone with them, fax them a letter confirming the conversation that just took place. Mention in that letter who you spoke with and that there is a settlement agreement in place. Save the confirmation page. If you still don't receive anything prior to the hearing date, then go to the hearing with a copy of this letter and tell the judge that you've settled the account. Use the letter as proof. Hope this helps.See question
I have been unemployed for several years, my only income is from Social Security and State Government retirement, and I have resided at my home for many years, which is registered under Florida Homestead Exemption.
Did they file a complaint against you? If so, it probably makes no difference to them that you're judgment proof. Based on my experience, if they paid a court filing fee they will attempt to get their judgment. I had a case where one collector sued an 84-year-old disabled lady. I took the case pro bono and managed to get a favorable outcome. Like I said - it makes no difference to them.See question
What should I do? Only thing that I can consider at this moment is 401(K) withdrawal which would be $4400 after federal tax penalty applied. I have been paid NY state unemployment income but that one will be gone in 10 weeks and it has been used...
Based on the facts provided, I would strongly advise you not to withdraw any money from your 401(k) account. This retirement account is a protected asset and generally cannot be touch by the creditors. If you have no income and no other assets, you are a "judgment proof" debtor. This means that even if the credit card company obtains a judgment against you, it is highly unlikely that they will be able to collect on it.See question