In 2010 our rental property went into foreclosure. The bank did not finish the process. In 2014 bankruptcy was filed and included this property. The bankruptcy was discharged six months after filing. Can we file a Quiet Title lawsuit and exercise ...
I agree with Mr. Newborn. Filing a quiet title action at this time will not get you what you want. If you want to get rid of the lien now, you should contact the lender and make a settlement offer.See question
Is there any protection for Arizona’s charity organization against garnishment or exemption for some money.
No. A charity's assets can be garnished if someone has a judgment against the charity. A charity's employee's wages can be garnished if someone has a judgment against the employee.See question
Recieved a complaint and summons today from a credit union that I owe money to. I agree that I owe this money, what I don't agree to is the alligations they made in there complaint. I'm afraid if I answer the complaint then I will also be admittin...
In the upper hand corner of the first page of the Summons and Complaint, write the date you were served with the Summons and Complaint.
If you file an Answer to the Complaint, then you should admit or deny EACH allegation contained in the Complaint. Also, recognize that there will be a court filing fee to file the Answer to the Complaint.
To protect your rights, you should consult with a debtor/creditor law attorney about what your options are before deciding what to do.
I live in Arizona and am filing Chapter 13 Bankruptcy and my primary residence has been vested in a Revocable Trust for the past several years. The Attorney is advising that I remove my home from the Revocable Trust before filing bankruptcy, howe...
First, you are filing a chapter 13 bankruptcy case, you can keep the house, so the fact that your homestead is in a revocable trust should have no impact on your ability to keep the house in the bankruptcy case. Second, If you are the trustor of the revocable trust, the case law says that you can still claim the house as your homestead. Finally, if you have no equity in the house, claiming the house as exempt probably doesn't matter anyway. Your attorney may be misinformed or overly cautious.See question
I received two bills from justice court. One case was in 1990 for court costs in traffic citation and the other one is for 1994 attorney fees. I have never received any information until yesterday by mail. I contacted the court and they said that ...
Unpaid debts do not die; they just may not be completely collectible. Given the age of the debts, it is too late for you to be sued for the debt. However, there is no time limit to attempt to collect a debt through letters and telephone calls; that can go on forever. Unless you file for bankruptcy, the collection agency MAY try to collect from you through phone calls, e-mails or letters until you pay it or die.See question
An attorney retained by a homeowners association files a lawsuit for $9800 in alleged past due assessments, against a tenant (at best), living in a condo where the homeowner resides out of state.... The tenant is distraught, harassed, scared, and...
Because the amount ($9,800) is relatively high, it sounds like the HOA filed a lien foreclosure lawsuit. In that kind of lawsuit, every interested party is listed as a defendant, including any known residents or tenants of the property. If it is a lien foreclosure lawsuit (normally filed in the Superior Court), then the resident is properly listed in the lawsuit. The more important issue is whether the owner knows about and is going to get current on the past due assessments. If the owner doesn't get current, eventually the HOA will force the sale of the condo and evict anyone residing therein.See question
I've not been home to accept any papers or have I received anything from a law firm. this may be in regards to a debt I do not know about. How should I continue?
I agree with my colleague from Nevada that you shouldn't ignore the lawsuit. Find out who is suing you at http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseSearch.asp and http://justicecourts.maricopa.gov/FindACase/casehistory.aspx. Once you know who is suing you, you should consult with an attorney who practices debtor/creditor law to discuss your options.See question
I plan on filing a claim against a hospital and thier staff for releasing my medical records without my consent.
You should consult with an attorney who regularly sues hospitals.See question
I am likely going to file for bankruptcy in Dec due to a divorce and mounting medical expenses. I currently have $1000 in savings but not sure if I will be able to keep it when I file or if I will have to surrender to the trustee. Also, do tax ref...
When you file for bankruptcy, you may be required to turn over to the bankruptcy Trustee any income tax refunds you receive in the next twelve (12) months.
You can only protect $300 (or $600 for joint filers) in one bank account ON THE DAY OF FILING for bankruptcy. You may have to pay the bankruptcy Trustee any amount in that bank account that is more than $300 (or $600 for joint filers) and all money in any other bank account ON THE DAY OF FILING.
My brother was contacted regarding a debt collection agency wanting to serve me papers. When i returned the call the debt was from a credit card from a jeweler that I had back in 2007. The address they had on file was dated over 9 years ago. Expl...
My initial response is that the collection agency is all bark and no bite; it is threatening to "serve you with papers" to scare you into making a payment.
Creditors and collection agencies can attempt to collect a debt from you through telephone calls and letters forever. However, they have a limited time under state law in which to file a lawsuit against you. In Arizona, the statute of limitations for a credit card debt is six (6) years from the date of the last payment. If you haven't paid the debt in more than six years, then you have a valid defense (the statute of limitations) if you are sued.