Archived
Is there a legal obligation of a business to notify a debtor of a debt prior to sending the debt to collections?
Brett's answer
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Answered on December 23, 2013
While it is typical to notify someone in advance of a debt before referral to a collection agency, there is no legal requirement to do so.
Archived
Per PSA my ex was to pay off my credit card up to 5000.00 within 30 days and would then get his engagement ring back...
Brett's answer
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Answered on December 23, 2013
This appears to be more of a domestic relations question than a bankruptcy question. I'd suggest speaking with your domestic relations attorney to...
Archived
Are creditors obligated to come forward in a chapter 7 bankruptcy if the debtor does not list the debt?
Brett's answer
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Answered on December 23, 2013
Bankruptcy is all about notice. You were scheduled as a creditor. If you had notice of the case, you can take any appropriate actions, including...
Archived
I need a sample of a motion to prevent my attorney from withdrawal from our case. It is a bankruptcy case that he is been paid
Brett's answer
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Answered on December 23, 2013
There is no "form" for filing a response to a Motion to Withdraw. Regardless of the reasons, most attorneys would ask the Court to withdraw from a...
Archived
I am being sued for an arrangement that I never made.
Brett's answer
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Answered on December 21, 2013
Your best option is to hire a defense lawyer immediately. If you do not file an answer, no matter how ridiculous you think the lawsuit is, you...
Archived
A credit card collection lawyer is asking me to sign a ID theft affidavit. Should I do it?
Brett's answer
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Answered on December 21, 2013
The answer depends on what happened, what the Affidavit says and what will happen if you sign it.
Archived
Have a loan (GA) on a lot, can't pay anymore. the bank loan officer has insinuated that the bank can take OTHER property i own
Brett's answer
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Answered on December 20, 2013
If the bank gets a judgment, it can place a lien on your other property and sell it to satisfy the judgment.
Archived
Summons? CC debt from 2007 - SOL ?? HELP!
Brett's answer
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Answered on December 20, 2013
SOL begins running on the day the last payment was made or the last date you acknowledged owing the debt. It does NOT start running from charge-off.
Archived
Received a Summons and Complaint from Credit Card debt Collector, but it's under my old name.
Brett's answer
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Answered on December 20, 2013
New Name, f/k/a Old Name.
f/k/a = Formerly Known As
Archived
An unknown creditor garnished 1500 dollars out of my 2000 dollar paycheck. I was never notified until it was gone. Is this legal
Brett's answer
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Answered on December 20, 2013
Your payroll department has a copy of the court papers authorizing the garnishment. This will tell you who did it.
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