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Gary D. Bollinger

Gary Bollinger’s Answers

3,758 total


  • Repossession with a social security and perf only income are you required to pay it back, can we lose our income, and..(below)

    We are thinking to voluntarily let a vehicle go back & be repossessed.We only have a social security and perf income,as we're retired.We just don't have the money to pay the high payments as they wouldn't refinance nor let us cancel the contract(w...

    Gary’s Answer

    You wrote, " 2-Do they and the courts "require" proof that you can't pay back the loan deficiency like a bank statement, other debt in form of paper statements?"

    That is not required, but In Eastern District of MO, where I practice, such proof would be irrelevant to the plaintiff obtaining a judgment.

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  • When there is a property posted for foreclosure and I file chapter 7 bankruptcy to delay the foreclosure and force a sale

    I am facing foreclosure on Sept 6 and filing bankruptcy (Chap 7) to delay and force a sale . I have two checks from homeowners insurance made payable to lender and myself $22,000.00. Contractors, in getting bids, have all said the insurance comp...

    Gary’s Answer

    If your file bankruptcy, the bankruptcy Trustee may claim an interest in the check.

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  • Is there anyway we can stop the state from garnishing my husband's wages?

    My husband owes $48,507 to the state of Oregon for restitution we have been making payments on this amount but we missed one payment due to financial difficulties and have made payments after that missed payment but just receive notice in the mail...

    Gary’s Answer

    In Eastern District of MO, where I practice, there is an exemption to garnishment for someone who has the status of being "Head of Household," which reduces most garnishments from 25% to 10%.

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  • Responsible for someone else's delinquent electric bill?

    In 2012, I lived in the state of Missouri and was a customer of Ameren whom provided me with electric service. Upon moving into and establishing an account with Ameren, a couple of months into service I received a notice stating that I owed a prio...

    Gary’s Answer

    You were probably talking to a customer service representative who was likely reading from a script prepared by Ameren upper management. The customer service rep works for Ameren who pays his or her salary: any questionable issue is biased to Ameren's favor.
    There is nothing inherently wrong in this approach, but it does not mean that Ameren is right.

    I have likely walked into a building and enjoyed the air conditioning of a place of business that did not subsequently pay their Ameren bill: I do not think I am liable for having benefitted from the electric.

    Although your account was short on details, I join with

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  • Should I request proof of charges and purchases on a charged off credit card debt purchased by a debt buyer?

    I have been sued by a debt buyer. Case is still in pretrial. The debt they are suing for was charged off almost four years ago. They have sent me statements that reflect payments, one of them being the charged-off statement showing the amount they...

    Gary’s Answer

    The charge off was likely by the original creditor who sold it to the debt collector.
    If that is the case, the charge off is not binding on the acquirer of the debt account.

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  • I'm applying for us citizenship. Does low scores and credit history impact citizenship process negatively?

    I didn't pay a medical bill due to miss communication between me and the insurance company. Later I found out that they sent for credit collection. My credit score went down from 750 to 600+. Now I'm planning to apply for citizenship. Does USCIS r...

    Gary’s Answer

    This question currently (as of this writing) came up under "Credit Repair."
    I think you would be more likely to get a useful response if you recategorized as an immigration law question.

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  • A collection agency wants me to pay $10500 immediately. What is the very minimum I. will have to pay monthly legally?

    A collection agency is wanting me to pay $10500 for a past due medical bill.They want all of it now.

    Gary’s Answer

    If they have no judgment against you, garnishment is not yet possible.

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  • How much can I earn without problems like bank seizures/garnishments?

    Post divorce, I ended up without settlement and actually lost most of my personal property. I am currently receiving SSDI; however, my bank account was seized twice unlawfully for consumer debt before I found out how to keep that from happening. ...

    Gary’s Answer

    There is Federal (and State) law restricting garnishments based on a percentage of the current poverty index. The $217.50 amount sounds about right, but I did not review the applicable provision.
    There is also federal law --as you have apparently learned-- limiting non-wage garnishments. State law exemptions may also apply.

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  • I am trying to determine if trying to expedite a hard inquire removal from your credit report is illegal

    I am working on improving my credit score. I found several items that were not removed by the removal date. I inquired about removing those and also removing multiple inquires for a auto loan that I really did not want on my credit report only was...

    Gary’s Answer

    A credit reporter can amend or delete a report to CRA.
    The suggestion of writing a letter to obtain the deletion or amendment of a reported incident is worth pursuing.

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  • Will the trustee know if I filed an amended return and got a refund?

    I have sent all my tax return forms and refunds to the trustee. I recently amended my 2013 tax return and received a refund. I had to use the refund for an emergency. I am close to the end of my 5 year term. I know the trustee does a final aud...

    Gary’s Answer

    The bankruptcy Trustee probably has no means to track amended returns through an IRS connection or IRS-required disclosure.

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