Archived
Is it illegal to have more than one garnishment at a time, and what can be done to stop at least one of them?
Eric's answer
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Answered on August 30, 2011
It depends on what type of garnishments you have. If they are related to something other than domestic support, student loans or taxes, then they...
Archived
My husband is trying to refinance our house before he files for divorce behind my back.
Eric's answer
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Answered on August 30, 2011
You are in a most unfortunate situation; however, if the mortgage is in his name, he is free to refinance it or do pretty much anything absent a...
Archived
I obtained a judgement against me with the debt collection agency. Can I counter sue?
Eric's answer
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Answered on August 30, 2011
It sounds like you may have lost that opportunity, since most counterclaims must be brought in the same action when they are closely related or...
Can I use my 401K to pay off my chapter 13?
Eric's answer
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Answered on August 30, 2011
Liquidating your 401(k) to pay off debts is probably the last thing you want to do because the 401k is exempt from the bankruptcy estate and as you...
Archived
I sent my POA a check for dues I put paid in full They sent it back to me stating it was not paid in full because of late fees.
Eric's answer
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Answered on August 30, 2011
If you have an oustanding obligation, it didn't disappear - you still owe it. Now, there may be a debate about how much and the legitimacy of it...
Archived
Supoena for Statement of assets
Eric's answer
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Answered on August 30, 2011
You may be able to quash the summons by filing an affidavit stating that you live in Tennessee which is clearly outside the scope of the summons as...
Archived
The corporation I was president of went under and still owed a lot of money. Can they come after my personal assets?
Eric's answer
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Answered on August 30, 2011
If you signed a personal guaranty on any debt, then yes, they can come after you. If you have judgments againts you personally, naming you alone...
I was served papers that didn't belong to me. Now I was given an Entry of Default. Don't they have to serve me MY papers?
Eric's answer
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Answered on August 30, 2011
You can challenge a default judgment for lack of service of process but that must be also be done in a timely manner. You should seek guidance...
Archived
Avoiding Judgment Lien With No Real Property
Eric's answer
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Answered on August 30, 2011
If the liens are recorded for the purpose of attaching to your personal property, you will have to file a motion with the bankruptcy court to...
Archived
Is this a case for negligence in the state of Kansas?
Eric's answer
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Answered on August 30, 2011
Your attorney has a duty to keep you informed and make adjustments to your Chapter 13 as needed. You should politely demand that you speak to the...
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