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Matthew Scott Berkus

Matthew Berkus’s Answers

7,962 total


  • What is a reasonable length of time to expect a bank account garnishment to be lifted once it is ordered to be lifted?

    Two weeks ago I had a court appearance to prove that my accounts are exempt from garnishment due to being a head of household and because child support is the main percentage of my income. The judge granted the exemption, but no one could answer m...

    Matthew’s Answer

    A bank account garnishment is a one time event. A bank account garnishment is not an ongoing garnishment like a wage garnishment. A bank account garnishment gets whatever is in the account at the time the garnishment is processed. Any money put into the account after that date is yours. OR, Is your question, when will the money be returned or unfrozen?

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  • Attorney neglect/delay caused my bankruptcy cased closed w/o discharge. Who is responsible for filing fee to reopen?

    I paid attorney a flat fee to represent my bankruptcy case. I was told start to finish would be approximately 3 months. It's been nearly 6 months. I completed all court required paperwork and both financial classes. However, attorney didn't provid...

    Matthew’s Answer

    The devil is in the details of the fee agreement. Also, most of the consumer credit counseling agencies can now file the certificate directly. The key fact you left out (but seems to be implied) is whether you provided your attorney with the certificate prior to the deadline.

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  • What are my choices? Are there any legal repercussions?

    I have a daughter in the 6th grade who is disabled. She has seizures and a magnet needs to be used on her 5 times then a medicine called diastat I'd the seizures don't subside. The school was made aware of this. The procedure on how to handle the ...

    Matthew’s Answer

    You need to revisit the IEP plan. You should have insisted on the needed provision of the IEP.

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  • It was the college's fault I was terminated from school, now they want money, what do I do.

    I was denied a dependency override after being aloud to continue with classes. Because of this, I couldn't apply for student aid and now I have school loans and the school is personally coming after me for money I supposedly owe. I never would hav...

    Matthew’s Answer

    As Emily points out, it is a difficult situation without clear recourse. Did something change in your circumstances during your time in the school that changed your dependency status. The problem with dependency override is that schools are granted wide discretion in given the override. It is a decision that is not easily challenged if it is denied. As Emily says, if you really want to pursue it, you will need to meet with an attorney on the ground in Ohio who can actually review your situation and anything you have in writing.

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  • As a past student can I sue Everest College?

    They promise me a job,and they charged me too much money on my student loans so can i individually sue them.

    Matthew’s Answer

    You can try, but these sorts of cases tend to be cost prohibitive to bring on an individual basis. The job promise claim is difficult to sue over without a "specific" promise made to you about getting a specific job. Also, depending on how long you have been out of school, the statute of limitations may prevent the lawsuit. As for the student loans...the cause of action is not that they "charged to much" but that you failed to benefit from the program in a material way. The challenge with the claim is that that marketplace puts a value on the degree, not the school. A Harvard degree is more valuable than a degree from Arizona State Univ., but that doesn't mean ASU charges too much or does not provide some level of education.

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  • Can we tell our attorney "no" if he wants to continue our case because he double booked his court dates?

    My husband and I hired an attorney back in January to modify his custody agreement. We are seeking primary custody from the mom. It took the attorney 2.5 months to file the paperwork. They finally went to mediation and were then given a court date...

    Matthew’s Answer

    You can say no, but the outcome of doing so would likely be that attorney withdrawing from the case. The attorney doesn't control the court's schedule, so it can happen, especially in state court that attorneys get double booked. If you decide to stick with the current court date and your attorney cannot resolve the scheduling conflict, then you would need to find a new attorney and that attorney may need time to get ready for the case and may need a continuance anyway.

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  • Can I collect UI while waiting for new office location to open?

    Worked at Restaurant in Boulder, Colorado as a supervisor. They closed doors in May & are opening a new restaurant (continuation of old one) in August (nearly 2 months away). I thought I would be working at home office while waiting for new restau...

    Matthew’s Answer

    You can always apply. The employer will likely contest it and then it will be up to the Dept. of Labor. If I were to bet on the outcome, I would bet against you. They offered you a position and 50 miles is not an inherently unreasonable distance to commute (although, I grant you, it would suck and I would have turned it down).

    Now, if you apply for UI benefits, you may likely burn a bridge that will lead to them not hiring you at the new location. What you should probably do is try to negotiate a FIRM offer of employment at the new location or reconsider their offer to work at airport...after all, it is only for 2 or 3 months.

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  • Would a common law wife or biological children of an ailing man be entitled to his possessions?

    My mother and her significant other have been living together for over 3 years. They clain common law marriage. He has recently been hospitalized and things are not looking good. If he passes, my mother is confused at who would be entitled to his ...

    Matthew’s Answer

    There is much more to passing on goods than having a will. If he is still alive, HAVE HIM DO A WILL. Have him meet with an estate planning attorney and get this resolved. That will solve any uncertainty and make sure HIS wishes are fulfilled.

    Probate courts, in general, look nebulously at common law marriage. There is more to it than living together for a period of time. So, the common law wife would have the burden to prove the common law marriage. Instead of dwelling in uncertainty, have him get with an estate planning attorney and at least get a will.

    I refer to Robert Aghazarian, 303-945-3848, http://www.robaghazarian.com/

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  • After 3 weeks of preparation for extensive back surgery it was canceled by the doctor. What if anything are the legal issues?

    I have put off back surgery for over 25 years. I was advised by local doctors that surgery was now necessary & extensive. Within 48 hours of the surgery I received a call that surgery was canceled for nebulous reasons. I gave up my place to live b...

    Matthew’s Answer

    Did they offer to reschedule? In any event, there is no legal issue. Your problems related to getting ready for the surgery are not the doctor's problems. He or she obviously has some issue that prevented him or her from performing the surgery (it doesn't matter the reason). Since the surgery is not an "emergency" the doctor has no duty to perform the surgery. He or she is free to cancel.

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  • Can a debt collection agency take money from a bank account after u made arrangements with them?

    A debt collection agency took money out of my bank account we went to court settled on them keeping a portion of the money and me making monthly payments until the debt is paid I have kept payments up to date with them now they have gone into my b...

    Matthew’s Answer

    (Taking your facts at face value)...They shouldn't...when you called them and asked about it, what did they say. The would have needed to get a new garnishment order from the court to do so (usually). So, you should request from your bank a copy of the order. Then call the agency and find out its side of the story. If you cannot work it out directly, then you would file a motion in the court that issued the garnishment to contest the garnishment and for return of funds.

    Are you sure it was this agency and not some other creditor?

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