Archived
I am being sued by a credit card company, can I discharge this debt through bankruptcy even if a lawsuit has been filed
Brett's answer
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Answered on October 24, 2008
Yes, you can. This type of debt is dischargeable even if a lawsuit has been filed. Even if a judgment has been entered, you can discharge the...
Archived
WHAT TYPES OF DEBT CAN BE GARNISHED FROM WAGES in North Carolina
Brett's answer
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Answered on October 24, 2008
Just about any kind of debt, once you obtain a judgment.
Brett...
Archived
What is the process for garnishing wages in North Carolina
Brett's answer
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Answered on October 24, 2008
Generally, you get a judgment and file the papers for a wage garnishment with the Court, serving them on the employer and the employee.
Brett...
Archived
Another Chapter 13 Bankruptcy Fraud question
Brett's answer
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Answered on October 23, 2008
I *strongly* recommend that you speak with a local bankruptcy attorney. Domestic Support Obligations (DSO's) are treated very differently from...
Archived
Does the state of West Virginia have a statute of limitations for old debt
Brett's answer
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Answered on October 22, 2008
This action may be a violation of the Fair Debt Collection Practices Act (FDCPA) as well as the Fair Credit Reporting Act (FCRA). I recommend...
Archived
If I negotiate down credit card debt can the credit card companies later come back and ask for more moeny
Brett's answer
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Answered on October 22, 2008
There is no requirement that a credit card company accept anything less than the full amount it is owed. Most will require a detailed financial...
Archived
How to get this fixed and can we sue for having to go through all this trouble?
Brett's answer
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Answered on October 22, 2008
I recommend speaking with a consumer protection attorney who does a lot of Fair Credit Reporting Act (FCRA) work. You may want to check out the...
Archived
What are the advantages and disadvantages to chatper 7 and chapter 13
Brett's answer
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Answered on October 22, 2008
I have written FAQs discussing Chapters 7 and 13; they are on my website at http://www.bankruptcylawmaryland.com/bankruptcy.htm. You may want to...
Archived
What are an unsecured creditor's rights in bankruptcy
Brett's answer
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Answered on October 22, 2008
Yes. Once the bankruptcy is dismissed, there is no automatic stay in effect, and you are free to resume collections.
Note that some states...
Archived
Is there anything I can do to stop repossession of my car
Brett's answer
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Answered on October 22, 2008
No, that won't stop them. If you garage the car and don't drive it, the repo people can't break in to take it. Once you remove the car from the...
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