Archived
Is telling a collector that a debt has been paid acknowledging the debt? Will that reset SOL in Cal?
Mitchell's answer
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Answered on June 23, 2010
Always demand it in writing. If the debt collector is legitimate, you will receive a demand in writing. If the debt is no longer collectible, then...
Archived
I have a question on a credit card debt lawsuit that was brought against me which is currently in the courts.
Mitchell's answer
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Answered on June 23, 2010
If you follow the advice and get the case dismissed with prejudice, then not only can no one bring this claim against you again, but also you will...
Archived
Under a 13 plan can any money received from a bad faith lawsuit be exempted?
Mitchell's answer
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Answered on June 23, 2010
Were you the recipient of this claim? Did the incident happen prior to filing the petition? If so, then it had to be disclosed and is properly an...
Archived
Collections Attorneys
Mitchell's answer
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Answered on June 23, 2010
Being in a debt management plan does not prevent a creditor (or debt buyer) from suing you for non payment. The collections attorney can get a...
Archived
I am being charged for a credit card that I never use. Do I have to make the payments?
Mitchell's answer
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Answered on June 23, 2010
My colleague is ignoring a key law called ESIGN, the electronic signatures in global and national commerce act. It legitimizes electronic...
In Chapter 7 bankruptcy, if I do not have pay stubs
Mitchell's answer
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Answered on June 23, 2010
The law requires pay advices. Many trustees look for some proof of income. The last six months income is needed for the means test and the last 60...
Archived
What does "the undemonimanted counterclaim against plaintiff should be dismissed with prejudice mean?
Mitchell's answer
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Answered on June 23, 2010
A counterclaim is a lawsuit filed by a defendant against a plaintiff in the same case. If you made allegations, but did not specifically spell out...
Archived
Listing auto lease on schedule G of chapter 7 petition. I want to keep the lease. What does it mean when it asks Lease Assumed?
Mitchell's answer
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Answered on June 23, 2010
If you want to keep the lease, assume it. If not, reject it. You will need to be current or bring it current quickly to assume it.
Good...
Archived
Pro Bono Attorneys in Boston for Chapter 7?
Mitchell's answer
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Answered on June 23, 2010
Try Googling Boston Legal Aid. At least two appear - Mass Legal Services and Greater Boston Legal Aid.
Archived
Question re: right to sue in lawsuit filed post bankrupcy discharge
Mitchell's answer
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Answered on June 23, 2010
Even if the right to sue exists before you filed, it would have no effect on your shares until after the company files and wins. So long as the...
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