Just need to know. After a car accident
If you have insurance, your insurance company should defend the law suit and it is most likely that the case will be settled by the insurance company without you paying anything. in such case you would not need to file.
If you had no insurance for the car accident, then filing a bankruptcy could eliminate the cost of defending the suit and also your civil liability for any damages caused by you. HOWEVER most states have a financial responsibility law and will suspend your driver's license until you have made adequate arrangements for the payment of damages caused by you. So , if you want to drive - you will need to pay. You better consult an attorney about this issue.
I have a lien on the title of a vehicle that is currently under chapter 13 bankruptcy. I've tried to pay the lien off myself ($200) but the title loan company says all payments must come from the trustee of the courts. Do I have any other options ...
Obviously the problem with scraping the car is that usually the scrap yard wants a clear title. If you are desperate to make the car disappear, you bankruptcy attorney may be able to do a post petition modification to allow the balance to be paid outside of the plan, which will enable you to then pay it off, sell the car for the scrap value and get it out of your hair. You will need to talk to your attorney as to what the charge for such a service would be.
One other possibility is to get someone to buy from the creditor the creditor's claim, then deal with them. Substitute that creditor in the Bankruptcy Court. Then with the assignment of claim that person could release the lien. Do you have a good friend or family member?See question
I am an Indiana resident and I just received a harassing call stating they would be filing a judgment against me for an unpaid "online" cash advance that I am honestly not confident I still owe. do I have any options especially to get this crazy...
This depends on the appropriate statute of limitations. States usually have laws that prevent "stale" or old claims from being filed in the Courts. Quick research suggests that Indiana has a 6 year statute on agreements to pay money and a 10 year statute on agreements in writing. How this particular transaction would be treated would need to be answered by an Indiana attorney. You will need any documents that you have on the transaction as well as documentation on any payments on the debt. Usually the statute is measured from the date of the last transaction, including payments.
Now, I have seen many of my clients who are contacted by false debt collectors, collecting false debts, and the callers are very abusive and often threaten immediate garnishments, and sometimes even arrest. The more abusive the caller, the more likely the debt is not a valid debt. I have tried to get the FBI involved in shutting doiwn these fraudulent activities and even the FBI office in Wyoming, which is probably the slowest FBI office in the nation, has no interest in pursuing these people. Usually the only way to stop[ the calls is to change your phone number or block their numbers.See question
Is a lender who repossessed a car from the debtor for non payment, required to return the car to the debtor upon receiving the notice of filing of debtor's bankruptcy 13? Or does the lender has any discretion in it?
If the vehicle has not been sold the lender should return the vehicle to the debtor or the trustee upon notice of filing. The failure to do so could expose them to a violation of the automatic stay. If the lender refuses to return the vehicle, then an attorney should be involved to demand return and proceed against the lender to require turnover and perhaps hold the lender in contempt.
If the vehicle has been sold prior to the filing, then obviously the lender is no longer in possession or ownership of the vehicle and there is little the Bankruptcy can do to restore the vehicle to the debtor's possession.See question
I have not repaid an $11,000 overpayment of wages. I no longer work at the company and have another job.
It is unlikely that a past employer that overpaid wages by $11,000 will just sit back and absorb the loss. Unless one is judgment proof (meaning that they have no employment and no attachable assets) it is far better to be proactive and deal with a debt while it is still in the hands of the original creditor, and not a professional collector such as a collection agency or an attorney. Since you are now employed your current wages could be garnished once your former employer obtains a judgment against you. In addition if the debt is turned over to a collection agency or sued upon, that delinquent debt will negatively affect your credit.
Put together a good income and expense projection (include projected medical bills, vehicle repairs and other necessary and anticipated expenses that are no regular expenses) and take with a proposal for payment to the creditor. Repayment of the debt should take place over a reasonable time period, one to three years, and then a debt forgiveness if the projected repayment does not pay the debt in full in that time period. If the creditor is not agreeable to such a proposal, then you may want to consider a bankruptcy option.
Generally, one should not cash in retirement savings to pay debt. These accounts are protected by law in almost every state from creditors and in Bankruptcy, one pays a tax penalty to cash them in, and you destroy your savings for old age.See question
In 2006 I took out a auto loan and purchased a 1987 Porsche 928S4, the total loan was $13,050. In 2007 I defaulted due to losing my income. I couldn't pay and went through all collections proceedings until July 2009 when I entered in an agreement ...
Your dilemma, is that you want to keep the car and not pay for it. Sorry, the world, not even the bankruptcy world does not work that way. If you want to keep the car, you have to pay. That simple. Pay by way of redemption (pay to the creditor the market value of the car in cash), Pay by way of reaffirmation (negotiate a payment amount and terms as part of the reaffirmation agreement); or possibly just list the debt and keep making the payment hoping that the creditor will accept the payments and not repo the car (this is a risky option, noe not typically advised since 2006 change in the laws).See question
I had a heart attack in 2005. I had 4 hospital bills to pay off. I made arrangements with the different hospitals and began payments. Three have been paid off in full. I have been making $50 payments monthly to the remaining hospital. They tu...
The right to interest will depend on two things. First, whether there was an agreement to pay interest. You will need to look at the admission documents and any documents concerning the agreement to accept payments. You can demand such documents from the collection agency.
If the documents do not discuss interest, then state law may provide for interest. That might depend on whether the amo0unt due was liquidated or not, ie if it were subject to an exact calculation. Many medical debts are not liquidated debts since, you have not agreed as to an amount that your would pay, but rather that you would pay a reasonable charge for the medical services rendered. Until the reasonableness of the charges are determined, no interest can be charged.
I think you are correct to hesitate to pay the collection agency. You might tender payments with a note on the memo line that indicates that you dispute the amount of the debt. That could make it clear that you have no implied agreement.See question
lawyer went ahead file judgment knowing it was not me
I would contact the state bar association about this behavior. First you might want to write him a letter demanding that the Judgment get vacated. It is possible that this was just a slip up, and will get corrected quickly once it is brought to his attention.See question
can a machanic hold an employees tolls for a shop bill
The answer to the question is no. The larger question not answered is, if he does, what can be done about it. Try to contact the local sheriff or police to do a civil stand by, while the owner of the tools goes to collect them. If that does not work, then a civil suit will need to be filed. Note: the tools are tools of the trade, and up to $4,000 or market value of tools are exempt and could not be taken.See question
My brother has a 15 year old son that has stated that he does not want to see his dad. My brother pays child support and has tried to be a part of his sons life. What can my brother do so that he does not have to pay child support to a son that ...
The state of Wyoming makes a clear separation between the right to have visitation with your child and the obligation to support your child. Many fathers and mothers pay support for children they can not or do not see. If your brother wants to be a part of a child's life, then he needs to struggle for visitation and deal with the reasons that the child does not want to see him. This might require a counselor. If mom is encouraging the child to not visit Dad, such is a violation of the responsibilities of a custodial parent and can be cause to change custody.
All of this being said - 15 year old children are difficult at best. Sometimes all one can do is love them.See question