Archived
I have been served by a law firm trying to collect a debt on a home that was owned by my father who has passed away.
Timothy's answer
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Answered on February 12, 2013
Never go into a courtroom without an attorney – this includes filing papers in court.
Archived
Release agreement. I settled with a creditor and we both agreed and signed court documents that the transaction
Timothy's answer
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Answered on February 12, 2013
You have a court case and therefore a judge to go see. File a motion to enforce the agreement and the judge will enter a court order compelling the...
Archived
The Bank charged off my 2nd mtg. It is 10m underwater. I am considering a Chapter 7. Will lien be stripped? I live in Florida.
Timothy's answer
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Answered on February 06, 2013
Mortgages can be “stripped off” in the State of Florida. However you must prove that the property’s FAIR MARKET VALUE is worth LESS than the...
Archived
Account stated claim -- can interest and or late fees be included or sought after in a debt collection lawsuit
Timothy's answer
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Answered on January 22, 2013
The contract controls. If there is no contract authorizing those charges, then they are illegitimate.
Archived
Do original creditors (banks), collection agencies, judgment creditors, or creditor’s attorneys have any sort of nationwide
Timothy's answer
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Answered on January 22, 2013
We live in an electronic world. Plus, there are moles in every organization. I have clients that have judgment creditors from 15-20 years earlier...
Archived
What effect will a bankruptcy have on my will?
Timothy's answer
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Answered on January 08, 2013
You do not need to do anything. The house passed through the bankruptcy and you are free to leave it to whom you please.
Archived
When I filed bankruptcy I did not include my sallie mae loans- i know that they are difficult to get discharges
Timothy's answer
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Answered on January 08, 2013
It is almost impossible to get your student loans discharged. Student loans are not dischargeable in bankruptcy and many people share your...
Archived
Which state laws will apply? Current residence or past residence or asset location?
Timothy's answer
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Answered on December 06, 2012
The holder of a consumer debt may sue you where you incurred the debt or where you currently live, but the creditor gets to select this not the...
Archived
Can i go back to court an ask the judge to dismiss my court debts that got sent to collections? So i may pay them regularly?
Timothy's answer
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Answered on December 06, 2012
No, a creditor has the right to assign the collection of its debt to a collection agency. The collection agency gets a percentage of what they...
Archived
What action can I take against a hospital for not keeping accurate records of payments that I have made on a bill?
Timothy's answer
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Answered on November 30, 2012
You can sue for an "accounting" but the hospital will countersue for the balance.
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