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Jeffrey B. Lampert

Jeffrey Lampert’s Answers

5,611 total

  • Can my husband and my son be garnished for the same debt?

    We owe the state of Oregon for an overpayment on snap. My husband has just been garnished for this bill and my son is now being garnished. Can more than one person be garnished at the same time for the same debt?

    Jeffrey’s Answer

    A creditor can go after all who owe money, and not just on a pro rats basis. Meaning, the creditor can try to get 100% from just one and not any of the others, or go after everyone to get a bit from each. The creditor can not get more than what is owed regardless of how many debtors there are

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  • Do I Have To Update My Address With The Court After Judgment Is Rendered?

    I was evicted and a civil judgment was entered against me. I have paid the bulk of the judgment but the plaintiff is refusing my final payment because they want more "for their trouble." The case is now closed except for the Satisfaction of ...

    Jeffrey’s Answer

    I realize it is tempting to disappear, but I am of the belief that what you don't know will hurt you. Too many times notices go to the old address and the judgment debtor is caught unaware of motions, contempt orders, garnishments, etc.

    Consider reopening your case and make a motion to compel acceptance of payment. You want to get a judge to determine once and for all how much remains to be paid. Don't forget, most states allow for interest to accrue, so if your state is one of them calculate interest from date of entry of judgment to the first payment, apply payments first to interest and then principal, then calculate interest on the reduced principal balance to the next payment and repeat process. Then, show up in court with cash so if the Plaintiff or its attorney shows up you can pay them right then and there in front of the judge. You might even wish to consider hiring a court reporter to cover the hearing so there is a record of what is said and your paying the creditor. The judge could then order Plaintiff to issue the Satisfaction.

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  • How do I fight the amount of a judgment?

    I have a judgement on my credit report for over $7k from a property management. I have requested an itemization for the amount from the property management and the collections agency. They both have sent the same thing which has a balance forward...

    Jeffrey’s Answer

    Sorry to be harsh, but the judgment is the only thing they have to disclose. For a "breakdown" obtain copies of the pleadings in the law suit that gave rise to the judgment.

    The time for proof is in the law suit before the judgment is entered, not after.

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  • Is my mother in law responsible for her deceased husbands debt?

    We live in boca raton, Fl and my father in law just passed away and he has multiple credit cards with just him on the account. We closed them out but my mother in law is worried that the credit card companies will come after her (she is not on any...

    Jeffrey’s Answer

    Your mom-in-law need not have any concern--unless she signed an agreement to be responsible for his debts, there is no liability.

    Having said that, there is an exception to that rule--if she used her husband's cards, using an accommodation card he obtained for her which had her name, it is technically possible that she indeed is responsible for the charges she incurred. Even then, without her name on the account, it is extremely unlikely the credit card companies would pursue.

    No need to send a death certificate; bills should be marked with "deceased" on the envelope and returned to the senders.

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  • Civil Case

    Is a lawyer necessary in a Civil Suit? You are being sued for something you did not do, there was no way possible you could have done what you are being accused of. Should you hire an attorney? Is an attorney necessary?

    Jeffrey’s Answer

    Mark, you are stealing more and more of my lined. Except this one you got wrong!

    It isn't the TRUTH system.

    And it sure isn't the JUSTICE system.

    It is just the LEGAL SYSTEM.

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  • How does the bankruptcy trustee know what your income tax return refund is when you haven't sent in the returns to them yet?

    I was late paying the refund to the trustee but they sent me a letter letting me know I still owed the income tax refund and how much it was.

    Jeffrey’s Answer

    The trustees send intercept letters to the IRS advising of their position as trustee and requesting the refund to be turned over to them.

    The IRS in turn advises the trustee that the refund either 1) was not given to the debtor and turns the refund over to the Trustee or
    2) that the refund had already been given to the debtor and how much.

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  • Can I RE-open my discharged Chapter 7 bankruptcy?

    Discharged Chapt 7 -July 2015. I told the Lawyer from the beginning my main thing was to PROTECT my home 4 me! I have NEVER been late. He wouldn't answer my specific q's about re-affirming it & whether that should be done/what that meant etc......

    Jeffrey’s Answer

    I almost never, ever allow a client to reaffirm a mortgage. The future is unknown. If something were to happen that would cause you to go into default and you lost your home, the bank could pursue its other remedies under AZ law. In my jurisdiction, that would be a deficiency judgment. I do not know AZ law and so can not say one way or another.

    IF you are intent on getting out of the existing loan, consider applying to another lender. Pay off the existing loan and work with a new entity--the same effect as though you had re-fied with the current lender but witthout the expense of trying to reopen the case in BKC and going through the reaffirmation process.

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  • How long can a case stay open on private student loan debt collections?

    My husband and I have around $90k in private student loan debt (co-signed so we own it jointly) that went to collections. We were served a summons in April 2015 that we responded to and no activity has been done on the case since. It's going on a ...

    Jeffrey’s Answer

    More like waking the sleeping hornets around their nest.

    Especially when you look at Rule 1.420(e) Florida Rules of Civil Procedure.

    It used to be that no record activity for over a year could be grounds for dismissal, and dismissal would be without prejudice to refile.

    Now, though, before the Motion to Dismiss can be considered a Notice must be filed and served, and then the Plaintiff has 60 days to file something, anything. So, a Notice of Unavailability that the Plaintiff will be unavailable on Christmas Day is sufficient to keep the case open.

    Lay low in the weeds.

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  • What can I do to at least get a refund of lawyer fees I paid for bankruptcy that was miscalculated?

    I met with a bankruptcy attorney in April and began the process of filing. I sat in a room with the main attorney (after he asked if I had paid my retainer, which I had) and he calculated the Means Test for Indiana to determine if I could file. H...

    Jeffrey’s Answer

    One thing I will refer to is the inclusion of your student loans on the list of creditors. This was not a choice, you HAD to list Navient. A debtor must list all debts, including those who they want to keep and including those they will not discharge in the bankruptcy.

    You may have a basis for a complaint to the attorney, but listing your student loans is not one of them.

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  • Is this a scam or legit

    I received this email from a creditor, is it real and should I be concerned or is it a scam: ACS LEGAL Show details FINAL WARNING This is in reference to your Case File RH 83 (Rev. 0634728) with ACE (ACE CASH SER...

    Jeffrey’s Answer

    Scam. Unless they are incredibly stupid, which is possible, in which event you should have nothing to do with them. Zero. Zilch. Zipola. Their stupidity is reflected as soon as they mention jail.

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