Archived
I've gotten judgement against a business, whats next? How do I get them to pay? Order for Disclosure? Discovery of Assets?
Stephen's answer
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Answered on August 21, 2011
You can request a Writ to attach assets of the company. If you are not aware of nature of the assets you can file a Supplemental Proceedings...
Archived
Is it worth suing I.C. Systems Inc. for fraud and harrassment?
Stephen's answer
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Answered on August 21, 2011
The statutory damages for an FDCPA claim are $1000 which will go to the attorney handling the claim. Probably not worth the trouble.
Archived
Can bill collectors take personal assets or garnish wages?
Stephen's answer
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Answered on August 21, 2011
Prior to attaching assets a judgement must be obtained. In order to obtain a judgement the creditor must first serve you with a summons and...
I purchased a car on loan beforen i was discharged on chapter 7, can i add that car to my bankruptcy befor the discharge date?
Stephen's answer
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Answered on August 21, 2011
Post petition debts are not part of your bankruptcy. You are on the hook for this debt.
Archived
After chapter 7 with a first mtg. lower than the value of a home, and the HELOC taking way over, any solutions?
Stephen's answer
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Answered on August 21, 2011
If the case is not closed then convert to a chapter 13 and strip the second mortgage off the property. Talk to your lawyer.
Archived
1 year after vacating apartment,I get calls from third party collection agent and threatening he would report to credit agency
Stephen's answer
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Answered on August 21, 2011
At this point you wait to see if a summons and complaint is served upon you and then you file an answer and present your case.
Archived
I lost my job not to long ago...I had to file a chapter 13. Was buried under credit cards, car payments, mortgage..couldn't pay.
Stephen's answer
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Answered on August 21, 2011
The discharge will protect from these debts. Your social security income should not be a big factor in the chapter 7.
Archived
My Landlord is Evicting Me and put a claim for 4800.00 dollars against me. What if I don't have the money for it?
Stephen's answer
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Answered on August 21, 2011
If your entire financial situation warrants filing bankruptcy then the automatic stay and subsequent discharge will protect you for this debt.
Archived
Collection from a renewing account
Stephen's answer
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Answered on August 21, 2011
You can challenge the charge through your credit card company. They have a grievance procedure and you may prevail.
Archived
Can I sue for overpaid garnishment? can I sue a loan company if they got paid for uppaid loans through their insurance?
Stephen's answer
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Answered on August 20, 2011
You have a right to a hearing. Sounds like you should request one so the judge can review all the payments and make sure the judgement is being...
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