Archived
A Warrant in Debt was filed against me which contained false statements. Do I file a counterclaim?What damages can I request?
Mitchell's answer
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Answered on July 05, 2011
Show up in court and demand pleadings. That will force the plaintiff to provide his case and you will then respond to every point raised.
Archived
Student loans received in california 1986/1987 school went out of business or changed names-loans never paid on-over 20y/o
Mitchell's answer
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Answered on July 05, 2011
Generally, student loans have no statute of limitations and are not subject to the bankruptcy discharge. You can try to negotiate them or challenge...
My father died without a will. His house mortgage was in his name. Does the house go to his wife (of 9 years) or to his kids?
Mitchell's answer
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Answered on July 05, 2011
This is a matter of state law. If she was on the deed and the deed said "with rights of survivorship as at common law", then she owns the house....
Archived
If no terms or agreement have been presented with a complaint and summons, how can the debt collector say
Mitchell's answer
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Answered on July 04, 2011
It all depends on how your state courts work. Most of the time, the complaint is just a bare assertion that you owe money for a given reason. If...
Archived
If you file bankruptcy and it was dismissed do to nonpayment, can you file bankruptcy again?
Mitchell's answer
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Answered on July 04, 2011
If it was dismissed due to nonpayment, it is doubtful that there was a bar to refiling. The extension of the stay would be an issue. It needs to...
Archived
Garnishment of bank account for default in stipulation
Mitchell's answer
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Answered on July 04, 2011
Not true. Depending on what is the account, neither the judgment creditor nor the bank would have an idea where the money came from. You can...
Archived
I have recently printed my credit report, I am noticing, The report shows two address that I have never lived at.
Mitchell's answer
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Answered on July 04, 2011
The addresses could be there because you and the person who lived there had a debt in common. I wouldn't worry something that trivial unless it...
Archived
What can i do for my husband who has been arrested
Mitchell's answer
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Answered on July 04, 2011
What was he arrested for? Certainly not for failing to pay a bill?
Archived
2nd mortgage cramdowns
Mitchell's answer
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Answered on July 04, 2011
In addition, in some jurisdictions, you cannot count the second, unsecured mortgage in the means test. You might have to pay more anyway.
As you...
Archived
What do I have to file to Chapter 13 court when a Loan Modification in recieved from bank?
Mitchell's answer
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Answered on July 03, 2011
The court needs to approve the modification. The payment will only change if the modification changes your expenses.
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