Archived
Is it better to file bankruptcy or just do not pay because I cannot afford to do either?
Brett's answer
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Answered on February 05, 2014
I agree with Ms. Larkin and Mr. Brewer.
If a debt collector has filed suit against me, can I file a motion to dismiss if they did not respond to a debt validation?
Brett's answer
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Answered on February 05, 2014
The failure to validate is a separate issue from any FDCPA violation, and is not a basis to dismiss its suit.
Archived
My new husband has a judgment from a defaulted second mortgage. The company placed a garnishment on his wages
Brett's answer
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Answered on February 05, 2014
California is a community property state, so the rules that apply are different from elsewhere as far as spousal liability. As far as your...
Archived
Declare bankruptcy 5 years ago and a company do not want to do business whit me because a have a balances from 6 years ago.
Brett's answer
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Answered on February 05, 2014
It is perfectly legal for a company to refuse to do business with anyone at your address due to a previous bankruptcy. Not particularly smart, but...
Archived
If you have court date can for an pending amount on court can you file BK?
Brett's answer
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Answered on February 05, 2014
Having a court date doesn't prevent you from filing for bankruptcy.
Archived
IF MY FORM 8 INTENTION IS TO RETAIN and AFFIRM REAL PROPERTY (My HOME) SECURED BY A MORTGAGE, DO I EXCLUDE IT FROM THE MATRIX?
Brett's answer
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Answered on February 05, 2014
Reaffirming a mortgage is generally a horrible idea, and usually is not necessary to keep your home.
Bankruptcy is not a DIY project. If you...
Archived
How do I defend a contempt charge after I filed Chapter 13 bankruptcy on the original amount to pay after it was discharge?
Brett's answer
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Answered on February 05, 2014
You can ask the bankruptcy court to reopen the case to hold your ex in default (assuming the property settlement agreement and your ex were...
Archived
How do I know if I really have a judgement against me ?
Brett's answer
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Answered on February 05, 2014
I agree with the other attorneys' answers.
Archived
My wages are going to be garnished due to Student Loan late payment but I'm caught up as of today is there anything I can do
Brett's answer
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Answered on February 05, 2014
Since you breached the payment agreement by not making the September and October payments, the creditor doesn't have to let you catch up and resume...
Archived
I am being pursued by TD bank, for overdraft fees of roughly $886.00 I am permanently disabled and collecting SSDI.
Brett's answer
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Answered on February 05, 2014
Being judgment proof doesn't mean that the creditor can't call you, can't send you letters, can't sue you, and can't try to collect from you. It...
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