Archived
My ex charged on credit cards and now I'm being sued, or held in collections for debts I didn't make. What to do?
Michael's answer
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Answered on March 07, 2014
If you were a co-signer on the card(s), you can be held liable for the full amount of the debt and then have the right to recover from the ex...
Archived
Foreclosure for over 5 years no short sale or bankruptcy and last year bank discharged full loan and released lien on property
Michael's answer
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Answered on March 07, 2014
Maybe it's as simple as doing a motion to dismiss. If you serve the various entities properly, attach the papers showing the releases, and they...
Archived
Modification of Home Loan during Bankruptcy ch 13
Michael's answer
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Answered on March 07, 2014
Usually, if your disposable stays the same, you don't have to worry about the drastic changes. No guarantees though. There's no substitute for...
Archived
Can an unwritten payment arrangement change a credit card contract from written to oral?
Michael's answer
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Answered on March 06, 2014
If you had completed the payment arrangement, you might have an argument for the oral agreement or oral modification. But if it wasn't completed, I...
Archived
What can I do during the validation process with servicer 1 and they immediately withdraw and send to servicer 2 for collection?
Michael's answer
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Answered on March 06, 2014
Your dispute letter technically applies to the collector you sent it to. If there's a new collector, you would need to send a new letter. There may...
Archived
Loan forgiving
Michael's answer
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Answered on March 06, 2014
It's hard to tell without seeing the paper. If it's a 1099-C form, they are classifying the amount of the forgiven debt as income. Usually, your...
Archived
How can I get a paid judgment released and showed satisfaied and not pending anymore?
Michael's answer
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Answered on March 06, 2014
Sounds like both parties just don't want to do the work. Hopefully they both acknowledge the debt is paid off. I would find out who the account was...
Archived
Are we entitled to proof of a debt, even if the debt collector or attorney says we pay it off first then we get proof?
Michael's answer
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Answered on March 06, 2014
Once it's 8 years old, you are in the zone where it may not be collectible and you should proceed cautiously. I would insist on proof of the debt...
Archived
Subordination of HELOC post Chapter 7 filing.
Michael's answer
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Answered on March 06, 2014
A HELOC is a lien on the property that does not go away when you do a Chapter 7. The discharge got rid of your personal liability but not the...
Archived
Can I be sued?
Michael's answer
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Answered on March 06, 2014
Nolo.com is good place to check on statutes of limitation. But yes, it sounds retaliatory and is legal if they have some substantiation of what...
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