I have 4 debts (2 Credit Card and 2 Personal Loans) that are well past the SOL in Virginia. Should I still include them in a Chapter 13 Payment Plan? i don't want to leave anyone out of my plan but these companies have not contacted me in well ove...
Yep. You should notify your lawyer about all debts, even time barred, disputed, questionable, etc.
There is no harm in listing and scheduling debts you dispute.
You should identify them as disputed and time barred.
The US Supreme Court will rule in the next 3-4 months if filing a proof of claim in a chapter 13 on a time barred debt is a violation of the Fair Debt Collection Practices Act. Currently, the 4th Cir (that controls VA, WV, MD, NC and SC) has ruled that it is NOT a FDCPA violation. There is a case from the 11th cir that was appealed, so they get to find out. I am not feeling that they are likely to rule that it is..
These debts usually go in the section on unsecured debts, individual creditors are not usually separately listed.
This is one reason why it is a good idea to hire a lawyer to assist in this kind of thing.
I've been trying to get a divorce and meet all the requirements . My husband refuses to sign or mediate a separation agreement. He is not claiming fault grounds, he is only trying to prevent the divorce (his own words). 9/2015 we separated. 12/20...
Neither Bankruptcy nor divorce can change who is liable on a debt. The judge cannot order one spouse to be responsible for a debt that they did not sign for.
The Bankruptcy eliminates the right of the creditor or collectors to collect from YOU. It does nothing to, for, or about him or his debt. In effect, you left him holding the bag.
The ball is not in his court.See question
To make a long story short . I became sick in 2009 and forced to leave work I received long term disability insurance payments then I was awarded SSDI in 2011 which resulted in an overpayment of roughly $30k . In January I received a letter from t...
In short, no.
SSDI payments are exempt from all creditor process.
They can get a judgment, but they cannot garnish the funds, either at the social security administration or from a bank account.
See 42 USCode section 407.
I have bad anxiety issues, and chest pains. Yesterday two policemen came to my apartment accusing me of credit card fraud. They showed me papers with my address and name and the card number they say is stolen. I kept trying to tell them I didn't d...
I SORT of agree with the other lawyers.
First-- this sounds VERY shady. Like, I am not sure these were police.
Second- I would DEFINITELY contact a lawyer ASAP. If there is a criminal charge, you should be represented by counsel. If there is a civil case, it would be WISE for you to be represented by counsel.
Third- As my wise friends mentioned, it is NOT your job to prove your innocence. It is the job of the government to prove, beyond a reasonable doubt, that a crime was committed and that you are the culprit. Once they provide a prima facia case (evidence of all of the elements of the case against you) then the burden shifts to you to provide either reasonable doubt or evidence of innocence. BUT ONLY AFTER THEY PROVE THAT YOU COMMITTED A CRIME.
Fourth- It is difficult to determine exactly what they claim you did. Are they claiming that you used someone else's card? Are they claiming that you opened a card in someone else's name? Something else?
Contact a local lawyer ASP before doing anything else with this situation. Anything else you do is likely to make the situation harder for the lawyer to fix later.See question
My debt is on consolidation settlement but i'm still sued.v
This is why debt settlers are almost universally hated.
The debt collectors hate them
The consumer protection lawyers hate them
The consumers who find out how bad they are being treated hate them.
Best bet is to talk to a lawyer ASAP.
There is an outside chance that the debt settlement company can be sued, and the collection action either defended or settled for real, or you can file for Bankruptcy.
Your situation will vary, so talking to a real live lawyer near you is the best bet.
I have a couple old collections or credit cards, now closed, that had a history of one or two late payments. I know that the more time that passes by, the least impact they have on my score, but are there ways that an attorney can help gets these...
Negative items are removed 7 years after the date of first delinquency. 15 USC 1681c. There are some details and exceptions, but for the most part...
So the date you pay it or otherwise deal with it should not extend the time it is reported.
But it is important to very carefully keep track of what is being reported and what is being changed. It maintains the evidence of any wrong doing.
I have a debt with a company. The matter ended up getting turned over into the hands of a firm. I contacted the firm after finding out what to do and told them what i could afford tovpay monthly. Ive been sending monthly payments but still got a g...
There are a number of issues at play her.
First- there is a judgment already. That means they have a lot of control and power. They decide if they are going to accept your payment plan or issue garnishments.
Second- You made a payment arrangement, but you are not clear on what they agreed to do. If they did not agree to do anything in particular, then your "agreement" isn't much of any agreement. If they agreed to not garnish your wages or bank account, then you have something.
If you did not keep your end of the agreement EXACTLY, even if you HAD an agreement, it is dead. So a payment a day late nullifies the agreement.
Third- You are not clear on who you made the agreement with. If you made the agreement with the original creditor and the debt collector issued the garnishment, you have nothing. If you made the agreement with a different collector and the current collector issued the garnishment you have nothing.
IF this collector agreed to accept the payments AND they agreed to not garnish you AND you have complied perfectly with the terms, AND they garnished anyway, then you MAY have a claim against them for violations of the Federal Fair Debt Collection Practices Act.
But the value of that claim is questionable- it could entitle you to $1000 plus attorney fees, so your attorney would do OK (probably 2000-3000 in attorney fees), but you get 1000, and maybe a little bit (but not much) more in actual damages, and they can attach that money, too- so you get nothing, your attorney gets paid, and all you do is reduce the amount you owe by a little.
I would be very careful in pursuing this claim.
Talking to a Bankruptcy lawyer is a good idea. It keeps your options open, and most Bankruptcy lawyers offer a free consultation. There are several good ones in Richmond.See question
I had a credit card, checking and savings with Navy Federal. Unfortunately, I filed chapter 7 bankruptcy. Will they give me another checking account if I apply, I still have a savings with them?
There is no rule that requires that they open or not open an account for you.
However, most Credit unions have a policy not to do any business with someone who causes a loss, including bankruptcy. This is a permissable policy, as no one is required to open an account at all.
You are better off going elsewhere.See question
Woman committing food stamp fraud lives with a man and their 2 children. He did not apply for food stamps and his name is not on the card. The man never used the food stamp card. He has been charged with the same 9 felony counts as the woman. ...
Most likely, there is a defense, but this is a criminal law question not a credit card fraud question.
I have moved this over to there.