Archived
2 car repo's: 1 involuntary and 1 voluntary repo. what to expect and how to negotiate any deficiency payments after auction?
Tom's answer
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Answered on January 17, 2012
Nothing to lose... except maybe time and effort. I highly doubt any of these lenders is going to forgive you debt. If truly don't want to file...
Archived
In NC if youwalk away from your house, can your 401 K or wages in another state be garnished?
Tom's answer
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Answered on January 17, 2012
After some cursory research, it appears to me that NC allows deficiency judgments, so if you the house is eventually foreclosed on, you will be...
Archived
I filed Chapter 7 and was discharged on Dec,2008. However, I modified my 1st and 2nd LOC thru an atty in CA after the discharge
Tom's answer
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Answered on January 17, 2012
Your bankruptcy discharged your personal obligation for these loans, but the lenders' security interests or liens on your property remain. If you...
I recently received a request and writ for garnishment (income tax refund/credit) from the state of Michigan for Capital One.
Tom's answer
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Answered on January 17, 2012
Your creditor already has a judgment against you, so don't have to be served like you with with a lawsuit. CapOne or a debot collector holding the...
Archived
Filed chapter 7 in Sep. 2010, received notice for relief of stay 2 months ago from mortgage company
Tom's answer
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Answered on January 17, 2012
Modification is a difficult and time consuming process, and nobody is going to be able to guarantee whether you will be successful. Be prepared to...
Archived
How do I know if a collection comp. or what ever this place is that said they were going to take me to court violated my rights?
Tom's answer
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Answered on January 17, 2012
These threats are probably violations of the Fair Debt Collections Practices Act and PA collections practices statutes. A collections agency has to...
Archived
Can I stop or prevent a legal representative (attorney) from "fishing" for a banking account to garnish me for a debt I owe?
Tom's answer
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Answered on January 17, 2012
Nope, you can't stop them from trying to garnish you on a valid judgment. Sometimes creditors send writs of garnishment to a handful of banks...
Archived
If you owe say Company A x amount of dollars from Jan 1 2000. Company A sells the account to Collection Company A on Jan 1 2005.
Tom's answer
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Answered on January 17, 2012
You should check with an Indianapolis consumer rights or debtors' rights attorney. Statutes of limitations limit the time frame in which a creditor...
Archived
Can Delaware still collect on a judgement from 15 years ago? I never got notice due to moving.
Tom's answer
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Answered on January 17, 2012
This sounds more like an issue involving administrative law or maybe licensing than debt collections, so I relabeled the practice area. The facts...
Archived
Am I on the right track for reopening my Chapter 13 case
Tom's answer
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Answered on January 17, 2012
Ugly. In my opinion, your attorney has failed you -- I know I wouldn't let this happen in my practice. In your fee agreement with the attorney, did...
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