In Aiken county, the Sheriff's Office will only seize items that are titled or deeded so how would I go about getting an attachment on the debtor's household furnishings and goods which exceed the $5,000 limit and get items sold to pay back on a j...
I am not sure why this question is labeled under the bankruptcy heading. If the debtor has filed for bankruptcy, then it is possible that your judgment has been lien avoided in that bankruptcy or that the automatic stay will apply to make it illegal for you to collect on this judgment at this time. However, if there is no bankruptcy involved, then what you will need to do in SC to collect on your judgment, after getting notice from the sheriff that the debtor has no assets that can be sold to pay your judgment, is to file a motion with the court for supplemental proceedings, to find out what assets the debtor has to pay the judgment, if any. You will probably need to hire an attorney to file that motion for you.See question
doesn't the bank have a automatic stay from moving forward with anything. does the bank have to file paper work with the court first
If you are trying to say that the bank filed a foreclosure after you filed a bankruptcy, then the answer is yes, the bank has to file a motion for relief from stay before they can proceed with the foreclosure. You should have listed the bank as a creditor in your bankruptcy, and they should have received notice of the bankruptcy filing, but it can't hurt to send a copy of your bankruptcy filing notice to the bank's attorney handling the foreclosure.See question
when I filed bankruptcy the bank sold the loan weeks after the automatic stay from any proceeding, was this legal
Yes. It is proper for the bank to sell the loan, since this was not a sale of the property of the debtor. However, if the mortgage were not properly perfected, and the bank tried to perfect it after the bankruptcy was filed, then that would be a violation of the automatic stay.See question
can the mortgage company do. do they have to come to creditor meeting and do I have to list them
You have to list all assets, including all real estate. Also, you should list your ex-wife as a co-debtor in the bankruptcy schedules as well. Secured creditors don't have to come to the creditor meeting, and usually don't show up. If you are filing a Chapter 7, then the mortgage payments should be current if you want to keep the property.See question
I am being sued but the court status and disposition is saying judgement/satisfied. What does this mean for me?
Your question isn't clear. If you are just now being sued, there should be no judgment yet. On the other hand, the most likely place you would see the phrase "judgement/satisfied" is either on a credit report, which would be a good thing, or else in the online court records for a case that had been filed against you, which would also be a good thing, since it would mean that although a judgment had been acquired against you, that it has now been paid off. Of course, if you don't remember paying off any judgement, then that leaves us wondering how it could have happened. It sounds like you need to raise this issue with a local attorney, so you can figure out exactly where you stand.See question
chapter 11 they had 23 more years on there loan and they restructure it for 4000 a month for 20 years is that possibly
It is very unlikely in South Carolina that you will get a Chapter 13 plan proposing to pay $8,200 per month towards a home mortgage debt confirmed, so you will probably be finding out pretty soon what is possible in an 11, since the 13 trustee or United States Trustee is probably going to allege that your 13 is a substantial abuse of the bankruptcy court system.See question
as much information you can give
Well, first of all, the five year period runs from the month after the plan is confirmed, not the filing date, so that helps a little, especially if it takes a long time to confirm your plan. Second, there are some courts around the country where plans have been confirmed that go past five years, but that is rare, and I don't think it has yet been done in South Carolina.See question
If a property is available at the Master In Equity - Deficiency Sale in South Carolina, is the winning bid responsible for the deficiency on the original foreclosure?
No. The prior owner is responsible for the deficiency judgment amount. The new buyer is only responsible to pay the bid amount and foreclosure sale costs, unless this is the foreclosure of a second mortgage, in which case the buyer would have to deal with any senior mortgages or liens of record.See question
Am I liable if I did not sign the loan?
No. You can't be liable merely due to the fact that you are married to someone who is liable, like your husband. However, remember that creditors get first shot at a debtor's probate estate. So, if your husband dies owing the student loan, and he has assets that are available for his creditors at that time, then the creditors would get paid before you would get an inheritance from his estate.See question
They have called my references and told them to pay my loan or they going to put me in jail. They have showed up at my house after 6 o'clock I don't know what to do I really don't know south Carolina laws
Sounds like a typical scam collection tactic. SC has good consumer protection laws, which even apply to original creditors like this one. Under Section 37-5-108 of the SC Consumer Protection Code, collection tactics like this one are illegal, and creditors who violate this law have to pay your attorney fees, in addition to paying you statutory damages for these improper collection tactics. I would be glad to speak to you further about this matter, if you wish.See question