Archived
Is it legal for 1 debt collection agency to try to collect for another debt collection agency whose original creditor is Cap One
James's answer
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Answered on August 31, 2012
I am sorry to hear about your financial difficulties. I am a little confused by the facts presented but from what I can gather it appears that debt...
Archived
Can a debt collector come after me for a foreclosure debt if GMAC never filed a deficiency judgement against me?
James's answer
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Answered on August 30, 2012
As a first step I would pull your credit report to determine how the debt has been reported to credit agencies. What you have been told by your...
What happens at a garnishment hearing AFTER your wages have been garnished?
James's answer
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Answered on August 30, 2012
The creditor will apply the garnished amount to the amount owed for the judgment. If there is an amount remaining the creditor may seek to garnish...
Archived
I am in the process of purchasing a foreclosure. After the tile search, it was discovered that the bank did not own the property
James's answer
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Answered on August 30, 2012
I agree with the answer previously provided. Your first step should be to look to the purchase agreement with an attorney to determine if you have...
Archived
What happens if my morgage company has the incorrect info on the morgage?
James's answer
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Answered on August 30, 2012
This does not mean necessarily that the mortgage company does not have a valid claim against you for your obligations under the mortgage. Once it...
Archived
My husband and I went through foreclosure and there will be an unpaid balance, can they take other property to pay this debt?
James's answer
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Answered on August 30, 2012
The short answer is yes but the creditor would first have to obtain a judgment against you for the deficiency balance and then record that judgment...
What form do I need to respond to an adversary hearing filing in a Chapter 7 case?
James's answer
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Answered on August 27, 2012
How and in what form that you respond to the adversary proceeding largely depends on the circumstances presented in your case. Unfortunately, there...
Archived
How do I stop a garnishment after filing chapter 7?
James's answer
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Answered on August 27, 2012
I agree that you need to consult with and hire competent bankruptcy counsel to represent you on these matters. A bankruptcy attorney may be able to...
Archived
Vacation Ownership Value (timeshare)
James's answer
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Answered on August 24, 2012
It is usually very difficult to convince the trustee and judge that this is a necessary expense. If you have the means though to propose a plan...
Archived
Will spouses credit be affected if I file Chapter 13?
James's answer
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Answered on August 24, 2012
I agree that his credit should not be affected but he should be aware his obligations as a co-obligor will make him solely liable if you discharge...
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