I am doing a Chapter 13 myself. I have one student loan and listed on the proper schedule and credit matrix.
You must list all debts on your schedules. You cannot leave anything off - not student loans, unpaid medical bills, debts you owe to relatives - all debts must be listed. I would encourage you to get advice from a qualified consumer bankruptcy attorney. Many cases are not properly prepared by "pro se" filers, and the treatment of various types of debt in Chapter 13 plans vary between Districts in this state.See question
I wanted to pay my debt on someone. We have a verbal agreement how to pay it. I gave my father some money to pay my debt and mail a check to her, because I don't want her to find out where I live. But she's refusing to open the mail. Instead she w...
If she denies your verbal agreement to pay less than you actually owe, it's a swearing match and a Judge might believe her, that there was no such verbal agreement. You cannot force someone to take less than the amount you owe. I agree with the other attorney's suggestions about how to accomplish the payment. If she takes you to court, she has to serve you with a summons and complaint. This involves personal service upon you or an adult who lives with you, or certain types of mail delivery with proof of receipt. If you do not live with your father, he needs to be very clear to any Sheriff deputy that you do not live with him.See question
My wife walked out on my children and I approximately a month ago. She did this while I was at work and my kids were at school. She left us letters/notes. We had no idea this was going to happen. The mortgage payment has always come out of my payc...
Your wife would be required to personally sign the deed of trust for a mortgage even if the loan was only in your name, due to her marital interest in the property, so even if it is legal, it is impossible to do this without your wife's knowledge and consent. I recommend you consult with a qualified family law attorney about your options to preserve your assets. I am not sure why you feel it necessary to get your wife's name off of the mortgage loan at this time when you control making the on time payments. I don't see any benefit to you doing this at such an early stage of your marital difficulty. I am changing the subject area in order to help you get more responses - Foreclosure is not the proper subject.See question
My ex-wife was awarded the house, in 2007, that I brought under my VA loan in 1999. She did not get a loan in her name and it has now been almost 10 years. I was in the process of buying a home and saw the results of my credit report. The house is...
Unfortunately, the lender is not bound by the terms of your domestic law court order, and was not required to take your name off of the loan. Your ex wife most likely was not able to qualify for financing on the home because she could not afford it. The lender was not required to send late payment notices to you at any other address besides the one on the loan unless you specifically asked (and most likely they would refuse to send correspondence to two different addresses). Your only remedy is to bring a Motion in the domestic law case, which I assume was here in North Carolina, and ask the Court to hold her in contempt of court for failing to obey the Court's order, or compel some other kind of relief.
I am changing the practice area to Divorce and Separation to get you some other answers. From a credit standpoint, your credit report is correct and you can't make the mortgage lender change anything about the situation, so you need advice from a family law attorney.See question
Malicious intent to defraud a financial institution. The statute of limitations has passed, does this sound like a scam?
Yes, sounds like a scam. Report to the North Carolina Attorney General's office and the FTC in addition to law enforcement.See question
I have a personal situation I would love some insight on. I was taken to court for early termination of lease. Judgement won in favor of plaintiff for $6400 on 3 month early termination. They offered me a chance to make payment arrangements at the...
If you were already served a Writ of Execution, did you file a Motion To Claim Exempt Property? I am confused. It sounds like you were served a Notice of Right to claim your exempt property and the 20 days expires November 30. Please provide additional information in the comments ASAP.
I agree with the other attorney's advice to pay what you can to the Clerk of Court every month in order to keep the interest from growing and reduce the principal. The interest on this judgment will be about $43 a month, so if you planned on paying $50 a month you will never pay it off. You can use your tax refund or other unusual income to pay it faster. If you are behind on other debts then you should talk to a qualified consumer bankruptcy attorney for more detailed advice about your options.See question
I have 2 paid for vehicles. Can a credit card company put a Leon on my cars if it already has a Leon against it?
In North Carolina, A credit card company cannot put a lien on the title to a car, whether it is paid for or not. They can sue you and obtain a money judgment for debt, but a money judgment is not a lien on personal property. The exception to this rule is for a credit union. Depending upon the terms of your agreement with a credit union, if a car is financed through a credit union, the credit union may have what is called "cross collateral". They may be able to refuse to release their lien on the title to the vehicle after the car loan is paid off if you owe them money on a credit card they issued. Many credit unions do not issue their own credit cards, so it depends upon the credit union.See question
My husband and I got a loan from Lendmark for a 2016 brand new Suzuki DR650S dirt bike. It has tags and title and is road ready so I assume it counts as a vehicle loan. The loan was for a little over $5000 and they gave us a 29.963% interest rate....
Lendmark is licensed by the North Carolina Commissioner of Banks and the interest rates they are allowed to charge are regulated under the North Carolina Consumer Finance Act and the North Carolina Retail Installment Sales Act. I am not sure that a dirt bike qualifies as a "motor vehicle" and the interest rate you were charged sounds legal to me. You can make a complaint to the North Carolina Commissioner of Banks at https://www.nccob.org/online/cts/EntitySelect.aspx . It is your responsibility to review the loan documents before you sign them and determine if you agree with the interest rate before you purchase something on credit.See question
My car was reposessed and the bank might have gotten the county magistrate to subpoena me to court. I'm unsure on that beings the box of subpoena isn't checked and the paper doesnt mention going to court. I'm wondering if I don't pay this will I j...
It sounds like you are being sued for money owed, but there is no "Box" for a "subpoena" on a summons. The "Summons" should either have a court date (if it is in Small Claims Court it will say Magistrate Summons in capital letters on the upper right side) or state that you are to respond to the Complaint by serving a written answer to the Complaint upon the Plaintiff or the Plaintiff's attorney within thirty (30) days after service (if in District or Superior Court). However, you don;t give enough information for us to be able to tell you for sure if this is what has happened.
If you are being sued for money owed (the deficiency balance left after they sold the car), there is no jail for not being able to pay. However, there will be a money judgment entered. You should have the document you were served with reviewed by an attorney to tell you for sure. It is potentially possible for a creditor who has a money judgment to take your non exempt property, so I recommend you have a personal consultation with an attorney who can tell you specifically what the consequences may be.See question
I am currently serving time in a federal prison. I am wanting to file a 2255 motion. I would like to know what steps I need to take and what information I need to gather to properly file.
I Changed the practice area to Criminal Defense for you.See question