Filing chapter 7 and I have to make a selection of Presumption of undue hardship and no presumption of undue hatdship
Since you have to ask this simple question, no doubt you are endangering your financial condition by attempting to file by yourself to save on attorney fees. Don't do it! A federal study found that a Chapter 7 case filed pro se (without an attorney) is 800% more likely to be dismissed (stopped) by the Court than a chapter 7 filed by an attorney. And this does not consider the large number of pro se filers who lose assets (car, house, cash, etc.) that perhaps would not have been lost if had hired a competent lawyer who knew all the many ins and outs of bankruptcy law. Very often pro se filers lose a lot more money than simply hiring a lawyer would have cost them. Even worse, this same study said that less than 1% of people attempting to file a Chapter 13 pro se could get a Chapter 13 Plan approved by the Court so they could proceed with their bankruptcy. (Even those Chapter 13 prospects represented by lawyers in the study were only successful in getting a confirmed Plan 55% of the time!) I would no more advise a person (even a bright, well-educated person) to file bankruptcy by themself than I would advise them to attempt to perform surgery on themself. Even if it succeeds, which it usually does not, it is usually penny-wise and pound-foolish, unnecessarily losing more money than they saved.See question
Lost everything in a fire now badcock harassing me about their furniture that was list in the fire what can I do
Unless you had some kind of insurance, you still owe for the furniture. You can either call them and arrange settlement terms, or file bankruptcy.See question
I took out a title loan company with instaloan and they have since gone out of business, I can no longer even see them on my credit report. About 2 weeks ago a company called First Financial began sending me documents thanking me for opening up a...
Any loan company has the right to sell the collection rights to another company. However, the new collection company can not change the terms of the loan (payment amount, interest, etc.). You owe on the loan, and they must return the title to you when paid up. Be sure to keep proof of any communications or payments to them, so nothing falls through the cracks- cancelled checks, MO receipts, certified mail/return receipt requested.See question
We evicted a tenant in July 2016, we were awarded a consent judgement in August 2016 from the Magistrate court in DeKalb County of over $2264. How do we start the process of collecting this money? What type of legal representation we need?
First find out the head office in the area for their job, or where they bank. You can garnish them yourself without an attorney. Go to http://www.dekalbcountymagistratecourt.com/
When it opens, look down on the left under "Civil Matters" then click on Garnishments. That site will answer your questions & provide you with forms.
I had a hearing on May 10 for grandparent visitation rights in Georgia. Just prior to the hearing, the opposing attorneys handed my attorney some papers. The judge has not yet ruled on the case. I have asked 3 times in the past month (once by emai...
Unless the papers are sealed for some reason, you should be able to get copies from the Clerk of Couret.See question
I have several online payday loans I can't pay back in other states I live in Georgia and don't have a job they are tthreating legal action what will happen don't want to go to jail
I would just ignore them. The chance they will actually attempt to do anything are slim to none. And how can they charge you for a "bad check" when you borrowed money from them, unless you sent them a bad check in payment? These online loan sharks just hire phone people to harass gullible people into paying their inflated interest. Just tell them to never call you again, as you know they are illegal in GA, and hang up when they call until they get the idea.See question
I borrowed money from instaloan and I was told they are going out of business and basically sold my information to a company called titlemax. They are a car title company and I would be unable to to get a loan with them because I still have a car ...
Sooner or later you will be contacted by Titlemax. You still are required to pay.See question
I loaned someone money to help them grow their business, the business eventually failed and their was an agreement that for monies owed I would be given the title to an enclosed utility trailer. I asked on 4 separate occasions for the title and w...
Why on earth would you hand over any money without a signed agreement??? Anyway, yes, you can sue on an oral contract, but it is a lot harder to prove without a signed instrument. Examples of evidence would be a witness to the oral contract, or a letter in which the borrower thanked you for the loan, or a cashed check from you to him that was marked "loan" on the memo line.See question
A friend borrowed 30k and promised to pay in 2 month and now it's been 5 month he has not pay me. When I asked he said he didn't have the money at this time. I have a written agreement that he is was going to pay in three month if not to charge h...
Does the agreement just give him the option to add 10% to the balance for each month unpaid, and not have a specific repayment date, or does it specify a date by which he must repay you? If he has missed a specific payback date, you must demand payment. If he does not pay you, you must sue him in State or Superior court, using a lawyer, based on the original oral contract as well as the later written agreement.. When you get a judgment against him, you can (a) garnish his paycheck, usually up to 25% of each check, if he is employed; (b) garnish any amount that is in his bank account(s), up to the full amount due; (c) if his car or boat are paid for, you can have the Sheriff seize and auction it; (d) if he owns real estate, you can place a lien against it which must be paid off before he can sell it. Or, he could just file bankruptcy and you would probably get very little (ch. 13) or nothing (ch. 7).See question
My son rented a car and it was wrecked by his friend resulting in total loss. The rental car company sued me for it and got a judgement from the court to put a levy on my property. I want to get the levy removed fro my name and need help.do I nee...
You can try contacting the rental car company's attorney and explain why they need to take the judgment against your son and apply it to the right person. If they do not cooperate, you will need to hire an attorney to undo this mess.See question