Archived
I am being sued for a credit card debt. I quit paying on the credit card b/c was going through divorce. What can i do?
Brett's answer
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Answered on June 07, 2014
If you do nothing, a default judgment will be entered against you, and the creditor can garnish your wages, attach your bank account, etc.
Your...
Archived
I got served a law suit notice from CACH, LLC stating they bought a debt from GE Money Retail Bank for hearing aids I needed.
Brett's answer
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Answered on June 07, 2014
1. Just because a debt buyer bought your debt for pennies on the dollar doesn't affect how much you owe on it.
2. You generally have no right to...
Archived
I am being sued by a collection agency for a debt which is held by a person with the same name as me.
Brett's answer
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Answered on June 07, 2014
You should IMMEDIATELY hire a lawyer who practices consumer law and is familiar with the Fair Debt Collection Practices Act (FDCPA). He or she is...
If a default judgment is from another state and filed in your new state, does the Statute of Limitations apply to the debt
Brett's answer
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Answered on June 07, 2014
It is perfectly proper for a judgment creditor to enroll the judgment in the state in which you live to try to collect it.
Archived
Which is best, getting a divorce or file for bankruptcy? My attempt to stop a collection agency from garnishing my ex's- wages.
Brett's answer
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Answered on June 07, 2014
I recommend speaking with a domestic attorney first. He or she can advise you how best to proceed.
Archived
Do i still need to check the box on what law I am claiming exemptions under on the Ch.y BK form if I live in California?
Brett's answer
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Answered on June 07, 2014
Choosing exemptions--particularly in California, which has several exemption regimes you can choose from--can be very tricky, and is more...
Archived
I believe it is my legal right to convert from Chapter13 to 7. Is this true?
Brett's answer
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Answered on June 07, 2014
Generally speaking, you have an absolute right to convert to Chapter 7. 11 USC § 1307(a). This right, however, may have been restricted somewhat by...
How are Wyndham Worldmark timeshares accounted for during bankruptcy? Is it considered real estate?
Brett's answer
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Answered on June 07, 2014
Most Chapter 13 Trustees won't allow your budget to account for timeshare expenses, meaning that you usually can't keep them.
Speak with your...
Archived
On Schedule F of the Chapter 7 BK Petition do I only plug in my sub total & total on the very last continuation sheet?
Brett's answer
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Answered on June 07, 2014
Respectfully, if you can't even answer this question, how can you properly represent yourself and make sure that you are completing the rather...
Archived
I lost a civil lawsuit what is the statue of limitations?
Brett's answer
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Answered on June 07, 2014
I agree with Mr. Elie. Twelve years from the date of judgment, subject to renewal.
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