Archived
Can we still attempt to have judgment set aside? How well can a good attorney usually negotiate with a debt holder?
Michael's answer
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Answered on February 04, 2016
Negotiations can be done equally well by an attorney or someone acting on their own. The thing a lawyer can sometimes do is find some...
Archived
Can I declare bankruptcy?
Michael's answer
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Answered on February 04, 2016
You can certainly file a case, but you may not want to. If you don't have assets and don't have a paycheck, creditors often can't collect anything....
Archived
How long does a creditor have to file a 1099-c ?
Michael's answer
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Answered on February 03, 2016
Typically, the IRS wants to see the 1099 before the tax return is due so generally by April 15th after the year things happened. 15 years sounds...
Archived
How do we find the right lawyer? Are there ones who deal with seniors only?
Michael's answer
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Answered on February 03, 2016
I highly recommend a bankruptcy specialist rather than a senior lawyer. There may be some overlap, but bankruptcy requires a lot of specialized...
Archived
I want to talk to a Collections Attorney and don't know if we should look for one in Oregon or California.
Michael's answer
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Answered on February 03, 2016
Sounds like CA is the appropriate area. Family relations are tough. I don't know if you have tried having some other family member talk to her, but...
Archived
Does the "clock re-start" for another 6 years when the collection attorney bought the account or does it not matter ?????
Michael's answer
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Answered on February 03, 2016
No, the clock does not restart, and as Ms. Bunce said, the statute of limitations is a defense. They may still file a suit and not get in trouble....
Can the text messages be used in a legal case for getting a judgement on the money owed me to be paid back?
Michael's answer
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Answered on February 02, 2016
Texts, emails, and other electronic data are new to the legal game. Not all courts have embraced them so it's best to look up the procedural rules...
Archived
I have a 300.00 credit card i need to pay if I talk to them about it is it possible they will give me time to start paying?
Michael's answer
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Answered on February 02, 2016
If it's really only $300, you are way down on their list of debt and they are likely to very flexible. Anything you work out, however, needs to be...
Archived
Can compensatory damages awarded in a lawsuit be used to pay back unsecured creditors in a bankruptcy?
Michael's answer
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Answered on February 01, 2016
The short answer is yes, someone will want to take the money. Then it's up to you or your lawyer to come up with reasons why you get to keep it....
Archived
If a creditor put a lien on your home then sales the debt does the creditor still hold the lien legally or the buyer of the debt
Michael's answer
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Answered on February 01, 2016
Any time the debt is sold, an update to the lien should be filed (in a perfect world). Usually the loan is sold, the seller wants to spend no time...
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