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Scott A Macleod
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Scott Macleod’s Answers

916 total


  • My husband just died leaving a lot of credit debt, should I think about debt relief or Chapter 7?

    can I arrange debt consolidation and then file Chapter 7?

    Scott’s Answer

    We are very sorry to read about your loss and thank you for the questions. Debt after the loss of a loved one may seem scary, but for the most party a successful chapter 7 bankruptcy will wipe out (discharge) all of the credit card debt. Do you know if the credit card debt was acquired during the course of your marriage?

    Debt consolidation is probably NOT necessary if you are going to file for a Chapter 7. This is because, why bother paying to consolidate debt when it is highly like to be discharged with the chapter 7 BK filing?

    Many attorneys offer free consults on these matters. No cost disccusions in person or over the phone. Even a Phoenix attorney could assist and file your bankruptcy although you may not live in the Phoenix area.

    Call or email for a free consultation

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  • I need an attorney in the Tempe, AZ area prefabbly. My wife just passed away, and I need to update all legal forms.

    My wife just passed away, and I need to update all legal forms. I need to update my will, living will, powers of attorney for real estate and health. And I believe I need to setup a trust, since I have many accounts with growing funds I need to ma...

    Scott’s Answer

    Thank you Vinny. We are sorry to hear of your loss.

    Many attorneys offer free consults. Even on Saturdays and can easily meet with you in Tempe..

    Call or email to schedule a free consult.

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  • How do i file bankruptcy

    Started receiving wage garnishments and need to file bankruptcy

    Scott’s Answer

    Good evening. Thank you for the question. There are several forms of bankruptcy available to individuals (consumers). The most common is known as a Chapter 7 bankruptcy. For the most part, a chapter 7 bankruptcy will discharge all of your debts. But there are certain qualifications you may need to meet in order to file and receive a successful discharge of your debts in a chapter 7. There is also a chapter 13 bankruptcy, which may not discharge all of your debts and may require you pay all or some of your debt over a 3 to 5 year period.

    The wage garnishment. What kind of debt is allegedly owed? In other words, who is the alleged creditor or what was the money / debt used for? Some debts, no matter what, will not be discharged in a bankruptcy.

    Many attorneys offer free bankruptcy consults. No cost. On the phone or in-person discussions that can take place almost anywhere in the Valley, including Avondale.

    Call or email to schedule a free consultation.

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  • How do you get class5felony off your record?

    Public indecency! Over 21years a go!

    Scott’s Answer

    Thank you for the questions and comments. First off, was the conviction here in the State of Arizona? If not, you probably want to seek out an attorney form the state where the conviction was entered.

    If it is Arizona, certain crimes can be "expunged" although we do not call it expunged in Arizona. We call it a Motion for Relief from Judgment. A successful Motion will allow you avoid many of the consequences of the conviction. You could carry a copy of the Court's Order with you or supply it to future employers, landlord, etc. It is VERY helpful for rehabilitating your life.

    Many attorneys offer free consults on these matters. Call or email to schedule a free consultation.

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  • How much will a lawyer charge for my case? I need a flat fee and payment plan.

    I filed an annulment and he filed response with a counter dissolution. Im a victim of domestic battery. I have pics, screen shots, police reports and court documents to prove it. He lied about previous drug convictions and a former drug addiction....

    Scott’s Answer

    Thank you for the questions and comments. An annulment can be much easier than a divorce (dissolution) BUT it is also usually more difficult to qualify for. Does your partner / husband have an attorney? How long have you been married and were you married in the Arizona?

    If the 2 of you can agree on the important matters between you (children, assets, debts, etc) then the dissoluton can be inexpensive. You may never need to even enter a court room.

    Many attorneys offer flat rate fees and generous payment plans. There are also free on the phone and in-person consultations that can take place in the East Valley, such as Mesa.

    Call or email to schedule a free consultation.

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  • Community property state AZ There is a non-contractual judgment due to a car accident my husband had. I was named as Jane Doe.

    If we get a divorce does that stop the attachment of my wages? And is there a way to have them take less from my wages if we stay married?

    Scott’s Answer

    Thank you for the questions and comments. Is the judgment based off of a personal injury claim? See, this can get a little tricky. Most judgments (debts) are assumed to be part of the community and depending on the divorce decree, could still follow both parties. It is also possible that the plaintiff / creditor would still come after you regardless of how the decree reads.

    There are plenty of questions a good attorney would ask you, and a review of the documents is probably also necessary. Did the judgment / action occur while married (?), etc.

    Many attorneys offer free consults on these matters. No cost discussions that can occur in the East Valley, such as Mesa.

    Call or email to schedule a free consultation.

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  • I filed chapter 7 on -12-03-2008 do u have to wait until the exact date of 12-03-2016 to file again.

    Do I wait until the exact date 8 years later?

    Scott’s Answer

    Thank you for the questions and comments. That depends on other factors. You may be able to file a Chapte 13 immediately. What kind of debt issues do you have right now, if any? Did an attorney help you with your previous BK filing? And was it done in AZ?

    Many attorneys offer free consults on these matters. No cost discussions that can take place in the East Valley such as Chandler.

    Call or email for a free consult.

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  • How to proceed at this point in the divorce process?

    Filed divorce documents myself on June 23, 2016, moved out of our primary residence. Spouse is living in primary residence, where I left his copies of the filed documents. I have photographs proving he has been in the primary residence as of July,...

    Scott’s Answer

    Thank you for the questions and comments. So we are clear, did you file a petition with the Maricopa County Superior Court requesting a Dissolution of your marriage? If so, are those the documents you left (handed) to your partner?

    In addition, your partner has NOT filed a response to your petition, correct? Photos of him in the residence is probably not enough to effectuate proper service. Emails back and forth especially where your partner admits to possessing your petition may be. There is a form you can get from the Superior Court that you can have him sign / fill out where he admits to service.

    When you note that you get $150,000 less, why do you believe that is unfair? If you are not aware, any assets or debts acquired DURING the course of your marriage presumed to be part of the marital community. In other words, 50% yours.

    If he agrees that he was served, you could move to find him in default but the Court may still give your partner a chance to respond.

    Many attorneys offer free consults on these matters. No cost discussions that can occur in the West Valley, such as Sun City. Call or email to schedule a free consultation.

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  • Can I still file a response to a petition to establish child support if the time for me to file a written response has passed?

    I received a Petition to Establish Child Support (for the 3rd time now) from my son's mother. I disagree with some of the issues in the Petition and want to file a Response to tell my side of the story and how I would like to handle everything. Ho...

    Scott’s Answer

    Thank you for the questions and comments. Most likely, YES -- you or an attorney can still file a response. But, we would need to know where you are in the process? Do you have any court dates set yet and if so, what are they for?

    Has your ex (mother) moved to find you in default?

    Many attorneys offer free consults on these matters. No cost discussions that can take place in the East Valley, such as Mesa. Call or email to schedule a free consult.

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  • Can I be forced to take a Sex History Polygraph in AZ without a governing board to regulate the tests/Equipment/Testers?

    I am on County Felony Probation for a Class 6 Undesignated Felony for Child Abuse with Sexual Motivation. I was with a girl who was 16 and I was 19 (which I know is Illegal in AZ and I owned up to it during the court processes) and now Probation i...

    Scott’s Answer

    Thank you for the questions and comments. Clearly, this is a very challenging time for you. Unfortunately, as a criminal defense attorney and former Maricopa County Adult Probation Officer my answer is probably not welcome. But yes, you should probably take the poly.

    Now, it is possible to petition the court to order that polys are NOT necessary. Ultimately, the Court determines the terms of your probation and if a judge signs-off regarding no polys then the probation should follow those orders.

    How long is your probation grant? And when were you sentenced? Also, I am going to assume you had counsel (at least a court-appointed / public defender) during the criminal court process, correct? If you have not done so, please contact your current attorney or the attorney who represented you.

    In addition, many attorneys offer free consults on these matters. No cost consultations that can occur even in the city of Maricopa.

    Call or email for a free consult.

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