Archived
Can I put a settlement agreement on bankruptcy if it's not a judgment yet and how likely would it be discharged?
Scott's answer
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Answered on November 12, 2014
All answers thus far are correct. I would add that if this settlement were for rent it will be discharged (though you will lose the right to stay...
Archived
Can a 403b9 pension plan's monthly payments be garnished for credit card debt?
Scott's answer
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Answered on November 12, 2014
To answer the question in the title, pension plan accounts cannot be garnished...but payments (once in your bank account) lose their protected...
Archived
A debt collector is trying to have a garnishment hearing in a completely different county than where I live, is that legal?
Scott's answer
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Answered on November 12, 2014
For bank attachments, the judgment creditor is not required to give you prior certified notice. However, and as already mentioned by the other...
Archived
My tenant filed bankruptcy on 9/27/2014, than stop paying October and November rent, also not paying water, electric and sewer.
Scott's answer
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Answered on November 12, 2014
Wayman and Janns answers are on point. I would add that if any of the amounts due were incurred by the tenant after the bankruptcy filing, it MAY...
Archived
Can a collection agency deny payment if I can only pay a certain amount
Scott's answer
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Answered on October 09, 2014
They do not have to work with you. However, you can go to your local municipal court and ask to enroll in a trusteeship. This would halt the...
Archived
What if the date for restitution of writ is filed the 6th and its the 5th is the bailiff coming that day
Scott's answer
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Answered on October 07, 2014
It depends on the court you're in and what the order says. This generally means the hearing will be on the 6th...the bailiff will then set a...
Archived
I paid my lawyer in full to do my bankruptcy and he then retired for health reasons and he never gave me my money back.
Scott's answer
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Answered on October 07, 2014
The prior answer here is correct. There is a potential problem with what this attorney has done. Did you pay his fees in full, or just a retainer...
Archived
Can my expert witness refuse to be deposed by the defense on the grounds that I have only paid 80% of her total fee so far?
Scott's answer
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Answered on October 07, 2014
Both answers so far are on point. However, your expert cannot necessarily avoid a subpoena for deposition or appearance in court if issued. That...
Archived
Clerical errors can be a reason for summary judgment?
Scott's answer
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Answered on September 27, 2014
The short answer to your question is...yes, this technicality COULD be used against you. However, some judges will look at the error and allow it...
Archived
My husband and I went through bankruptcy in 2000. We just received a deposition. We called, and they want $3000 for taxes.
Scott's answer
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Answered on September 21, 2014
Under Ohio law, city income tax debt has a 3 year statute of limitation (if your returns were filed). You may be able to utilize this limitation...
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