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Peter Francis Geraci
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Peter Geraci’s Answers

79 total


  • Child support liens

    I was recently involved in a car accident. When I was ready to settle with the insurance company I was informed of a lien for child support.. after speaking with a child support caseworker I was informed I could dispute the lien and it be taken of...

    Peter’s Answer

    In most states, child support agencies can intercept any money due to a person owing support. No clue if George law claims you can "dispute the lien" and then get the money. Never heard of such a thing in the states I am familiar with, but, I am betting a Georgia lawyer would answer your question "NO", and that the child support agency will enforce their lien against your settlement, up to the amount you owe, which is not so bad because in most states, you can lose your drivers' license for failure to clear up child support arrears.

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  • How long can lawyer hold escrow funds for possiable lien. In PA

    Received half settlement an lawyer notified DPW 9-15 to present still no lien is there a deadline for dpw an is these escrows interest bearing account in Pa I did not recieve cash an used auro insurance companies policy. At dr visits

    Peter’s Answer

    Medicare has a "super-lien", and in addition, most states have requirements that once any state monies are paid, funds must be held from any settlement. the "lien" is created by the Social Security Act, and also by state laws. So when you say "there is still no lien" what you probably really mean is the state agency has not presented a calculation of an amount to release their lien. Be patient, it can take a long time. Your lawyer will provide updates. do not "jones" for money, nothing can be done until the liens are properly handled. This is a common problem and is NOT your lawyer's fault. States and Medicare are very slow.

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  • How can a home delivery charge Extra interest on medication without you knowing and for what

    They keep sending me a bill for medicine that I have pay on and they won't answer the phone I never sign a contract or agree to one do I have a lawsuit

    Peter’s Answer

    You should visit http://www.consumerfinance.gov/askcfpb/ where you can get the rules for disputing a debt. Simply return the bill stating "I dispute the following charge" and keep a receipt for mailing and a copy. they then have 30 days to respond. If they fail to respond, and keep sending bills with the disputed charge, you can make a complaint to the CFPB. You may have a "lawsuit" if they report falsely to a credit bureau, and you can find more about that on the CFPB website. Some lawyers do specialize in filing lawsuits on Fair Debt Collection Practices Act violations. This is not a bankruptcy issue, but a debt collection problem.

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  • I work for a government job, they find something on my Credit Report. Now they want me to pay for the debt which was not mines.

    It’s a Cell phone bill with T-Mobile, which I did not agree to renew the contract the end. New contract was started without my knowledge. After I saying I would not renew and the Contract over, I received a Cell phone bill from T-Mobile and collec...

    Peter’s Answer

    You should dispute this debt by a letter to the creditor, and the Collector. the letter should state "I dispute this debt, I don't owe you anything, i did not renew the contract". If you do this within 30 days they must stop collection until they provide proof you owe it. Even if 30 days passed, they still have to provide proof you owe it within 30 days of receiving your letter. Make sure you send it FedEx unless it is to PO Box, in which case you simply get proof of mailing at the post office when you mail it from there. Keep a copy. .If the debt collector reports information about the account to anyone such as a credit reporting company – it must also report that the debt is disputed. If the investigation shows it is not your account, the debt collector may not continue collection activities. Visit the Consumer Finance Protection Bureau website for complete information and forms to use. You may also write the credit bureaus to state that the debt is disputed, complete info is on each credit bureau website. You can also submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

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  • Will I be liable for previous taxes my fiancé owes if we get married?

    My boyfriend is paying for previous years taxes he owes. If we got married & something happened to him, would I still have to pay back those taxes that he had before we met?

    Peter’s Answer

    No. Nothing in your question indicates that you have any current liability, and nothing about getting married would make you liable. If he dies before he gets done paying, that would not make you liable either. I hope he is in good health, and is able to get them paid off. If he stops paying them, and you have joint property, complications could arise if the tax agency tries to collect against joint property, but it sounds like he is paying them, and you yourself will not be liable either now, or after marriage, or death.

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  • How can I make payments on a judgment to avoid execution on the judgment?

    I am being sued by a credit card company and I don't believe I have any defenses. Should I challenge it anyway? If there is a judgment (most likely a default judgment) can I make an arrangement somehow for affordable payments in order to avoid c...

    Peter’s Answer

    You don't state the amount of the judgment. Most courts will order a creditor to hold off any collection efforts if you propose a reasonable payment plan. If a judgment is entered, in most states the creditor can obtain a lien on property and sell it, or just let the judgment accrue interest and become bigger, or garnish a portion of your paycheck. So, find a local lawyer to contact the creditor, file an appearance for you and see if a payment plan, or a settlement, is possible. Failing that, Chapter 13 is definitely a consideration, and depending on Idaho law, perhaps Chapter 7. You need a nice Idaho bankruptcy attorney pronto.

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  • Can I stop or lower my chapter 13 wage attachment early?

    I filed chapter 13 pro se September 2013. I chose 36 month plan. The only debts I was required to pay was my regular mortgage payment, the arrears on my mortgage, and back taxes on the house. The rest was to be discharged I have 4 months left o...

    Peter’s Answer

    Probably. ask the trustee if they would oppose it and do a motion and notify all your creditors of the motion following the local court rules. They might do it for you.

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  • Does a refund of pension contributions count toward bankruptcy CMI?

    I'm looking to file chapter 7 bankruptcy anc have a question about means qualifications. I've been off work for a couple months and used a refund from retirement contributions to float. Does that count toward my CMI?

    Peter’s Answer

    Yes. It is your income. CMI is defined as the average monthly income received from all sources derived during the six-month period ending on the last day of the month before your bankruptcy filing date. But you should not be attempting to get such answers on the internet. Go see a nice bankruptcy attorney. There are some good ones in Memphis.

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  • How do I despute this with the state ?

    In 2012 to 2013 I received SNAP benefits and now 3 years later I got a notice in the mail stating that I owe a high amount in overpayment. I have a family of 4 and was going to school with a few part time jobs in those years and had a very low inc...

    Peter’s Answer

    You should visit the CalFresh website, that governs the SNAP program. It appears that this is an "agency caused over-issuance". The notice you received in the mail might be the "pre-intercept notice" It sets forth your rights, which include a face-to-face meeting to contest this. Read the notice, and if that is what it is, do it!
    http://calfresh.lsnc.net/how-the-calfresh-program-collects-overpaid-benefits/ is the URL

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  • Lien on my car

    Hello I owe money for credit card around $1200. I have a car that i am STILL paying for ( 8 more months ) Since I don't have my car's title because i am still pying for , can a credit card company put a lien on that car ? I am just curious if ...

    Peter’s Answer

    Yes, but it is highly unlikely. You must not be able to make the payments on it, but you can once your car is paid off. Until then, only if the credit card creditor sues you, and obtains a judgment that you owe $1200, can it record a memorandum of that judgment with the Cook county recorder, making it a lien on all property you have in Cook County. It can also serve you with a Citation to Discover Assets, which obligates you to disclose your almost paid off car. I have never seen this happen for such a small debt. If you can't pay it until you finish your car payments, and they do sue you, you will have to explain this to a judge.

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