Archived
After pmt for a warrant was resolved, A Constable continued to call and show up at my door.Do I owe him fees?
Mitchell's answer
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Answered on September 03, 2011
Please see my prior answer to this question.
Archived
Would my bank reserve line go into ChexSystems after I file a CH7 BK?
Mitchell's answer
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Answered on September 03, 2011
If you notify ChexSystems, it should clear the report. Anything they report should be shown as discharged. You cannot prevent them from reporting...
Archived
In what state does this collection agency need to be licensed?
Mitchell's answer
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Answered on September 03, 2011
The collection takes place where the person is (or the asset). Lack of licensing may have nothing to do with the debt. Be careful pinning your...
Archived
What can I do to stop a notice of relief on my property that was discharged in a bankruptcy in Indiana?
Mitchell's answer
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Answered on September 03, 2011
If your case is discharged, the stay is over. If not, you need to object to the motion and be prepared to bring it current (bring the money to court).
Archived
Can you file a Motion to Dismiss (Standing) with a Sworn Denial in Kansas for a Chapter 61 lawsuit, prior to Answers/Defense?
Mitchell's answer
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Answered on September 03, 2011
You need to talk to a Kansas attorney for this. It is a matter of state law.
Archived
What can I do to stop a notice of relief on my property that was discharged in a bankruptcy in Indiana?
Mitchell's answer
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Answered on September 03, 2011
If your case was discharged, then the stay was already lifted. State law governs the foreclosure. The personal obligation on any deficiency has...
Archived
I attended a Chapter 13 creditor's meeting and want more information on my ex husband's supposed expenses. Can I obtain this?
Mitchell's answer
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Answered on September 03, 2011
You can only do this if you are a creditor and his actions affect you. Otherwise, contact the Chapter 13 Trustee and U.S. Trustee with the...
What does "Plaintiff incorporates by reference paragraphs 1, 2, and 3 of count 1 as if set out in full herein" mean?
Mitchell's answer
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Answered on September 03, 2011
It is shorthand. Instead of rewriting everything over again, the plaintiff inserts this phrase into the complaint. It means that the prior...
Archived
Can a creditor that had a one time authorization to pay back a debt, continue to extract automatic funds from your bank account
Mitchell's answer
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Answered on September 03, 2011
The Electronic Funds Transfer Act governs their actions. Check the authorization. If it was only once, then file a dispute with the bank.
Archived
I received a writ summons of garnishment
Mitchell's answer
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Answered on September 03, 2011
Nothing. You cannot protect yourself until a case is filed. However, any payments made to this creditor are preference payments. If they are more...
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