I got a small claims default judgment in June 2016 against a company that filed "Notice of Winding Up" in November 2015. I just spoke with Secretary of State's office and they informed me that there was no "Article of Termination" filed as of toda...
Well... first of all, if the company has no assets, you will not collect anything. What I would think about is whether you are aware of any people or companies that may owe the defendant any money. If so, you can garnish any such entity.
A law school professor once asked us in law school "what is a judgment?" The answer: "just a piece of paper." The morale of that story is that sometimes judgments are nothing more than the paper they are written on. I hope this helps.See question
If I filed a Chapter 13 case with my spouse, and a year later my spouse was dismissed as a party to the case and we shortly thereafter divorced, should the Chapter 13 Trustee continue to pay claims for debts which my spouse had incurred individua...
Typically, we would look at objecting to those claims so that further payments can be stopped. If your case is in the Western District of Missouri, by filing the objection that will at least stop payments from being sent until the Court can rule. This is a very important aspect of your case and you ought consult with your attorney asap, or if you do not have one, consider locating one. By objecting on a timely basis you may lessen your payment amounts or shorten your plan!See question
I sued someone in small claims court and won the judgment. A few weeks after that I received a letter stating that the person was filing for bankruptcy and that I could show up to the meeting of creditors. I was the only creditor that was present....
The meeting of creditors is not your opportunity to dispute whether the debt owed you should be discharged. Its a chance for creditors to ask the debtor questions about his or her assets and debts. If you want to contest the dischargeability of the debt, you will need to file what is called an adversary proceeding. To do so, I strongly suggest consulting an attorney to advise you on the likelihood of success in such an action. The burden you will need to overcome to succeed in such an action is often significant.See question
I put a loan for siding in my name for my now ex girlfriend she is threatening me she is going to stop paying.she kicked me out will it fall on me or can i make her still keep paying she has all along but now says she will stop?
If the loan with the creditor is in your name, meaning you signed the loan papers and therefore agreed to be liable, you do remain liable even if you move from the home. The fact you and your ex are now not getting along etc. is irrelevant to the creditor. Now if the loan also involved a second mortgage, your ex with the home will have something to lose if the creditor moves to enforce the mortgage.See question
Filed Ch7 pro se. Also filing an adversary proceeding to try to discharge my student loans of $71k. I'm 56, haven't been able to find a job in more than 2.5 years after the company I worked for closed, have a general studies bachelor degree that h...
I appreciate your frustration with the Court system. As I am fond of saying, and I do not recall where it came from, but about the only good thing one can say about our judicial system is that it's better than dueling!
In all seriousness, please respect the Clerks and do not ask them for help. They are not lawyers and are told not to provide legal advice.
As an attorney who practices in this area, I can tell you preparing for and conducting a trial is difficult, time consuming and stressful. Many attorneys are willing to accept monthly payments or other creative financial arrangements for payment. I recommend locating an attorney who practices in this area, pay a flat retainer for a consultation, and ask about the viability of your case and whether legal help can be arranged. Good luck.
Wanting to know how everything will happen in court. What should one say or not say.
While I agree with much of the prior answer, I hope the following is helpful. If you agree you owe the money, you are free to call the attorney for the plaintiff and ask for a workout plan. It's possible to enter into an agreement that might even allow the case to be dismissed. It all just depends, however, this is also something an attorney can handle for you and may very well be worth the expense. Good luck.See question
4 years and 10 months ago we filed for a chapter 13 bankruptcy. At that time we were told that everything would be included in the bankruptcy,in five years we would be done. I have just found out that the second mortgage has received only $134.7...
There are a number of items that need to be addressed before a definitive answer can be given. Among the questions:
1. Did the Mortgage Company file a proof of claim and was it reviewed for accuracy?
2. Did you evaluate the possibility of stripping the lien? When the case was filed, was the home worth less than the amount owed on the first? If so, the lien might be able to be stripped.
If you have a lawyer, you should evaluate these questions with that person. If you have no lawyer, you ought to engage one quickly. There may be other issues worthy of attention too.
In 2012 we had to file Chapter 7 Bankruptcy due to extensive medical bills, and our home was included in this. The home has recently sold to another buyer. This year we received a 1099-A saying that the amount that was not paid needed to be report...
It depends on whether you reaffirmed the debt. If you file Chapter 7 and own a home, you must decide whether to reaffirm the debt. If you do, you sign an agreement and its filed with the Court. If you do that, you are once again fully liable for the balance and if you later have a portion of the debt forgiven, you will receive a 1099. If you do not reaffirm, then any amount forgiven is not taxable. Hopefully you made this decision knowing all the ramifications.See question
My husband and i haven't filed our taxes for 2011 2012 and 2013 we owe about $7000 and now we have creditors suing us too. My husband is 80% disabled veteran 60% from PTSD and I am bi polar. Mentally we both just shut down when it became too over...
The advise I give to clients on this topic can be summed up as follows: it is NOT against the law to be unable to pay your taxes; however it is against the law not to file your return. Please file your returns asap, there is no down side.See question
The judgment was for child support which has long been satisfied.
While you may have paid or satisfied the judgment, did you ensure that the person or office you paid filed a satisfaction with the court where the judgment was entered? If you failed to follow up and make sure at the time of payment the payee filed the appropriate satisfaction on the record, the fact you are having a problem now comes as no surprise. The good news is that if you did make the payment, it is not too late to have that person file the satisfaction. Good luck!See question