Archived
Can I file a claim for misappropriation of funds in regards to money I gave to my ex-wife to pay off a community debt?
Stephen's answer
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Answered on September 27, 2012
Reopen the divorce and have the decree amended then have it enforced. sounds like a tough road to hoe.
Archived
Do the damages sued for in a debt collection lawsuit need to be fully explained in court?
Stephen's answer
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Answered on September 27, 2012
They must prove the figure by a preponderance of the evidence which is sometimes interpreted to mean 51%
Archived
Can I be arrested for non-payment on a 2 different loans and not having some of my collateral items in possession?
Stephen's answer
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Answered on September 27, 2012
No. Debtors prison no longer exists.
Archived
We filed for bankruptcy in 2010 and the mortgage was discharge. In July of 2012 we were approved for an home loan and three
Stephen's answer
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Answered on September 27, 2012
Hard to say. The underwriter knows for sure. The broker can ask him for you.
Archived
Can my new husband's income and assets be garnished/levy for a repossessed car I co signed for my ex that is in collections?
Stephen's answer
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Answered on September 27, 2012
If you husband is named in the lawsuit then he must defend and have the complaint dismissed as to him.
Archived
How could my Chapter 13 trustee have been prevented from doing this?
Stephen's answer
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Answered on September 27, 2012
The bankruptcy rules provides an order in which creditors get paid. the trustee followed the rules in your situation.
Archived
Can I be thrown out of a mobil home on a park lot if I file bankruptcy?
Stephen's answer
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Answered on September 27, 2012
You hired an attorney to guide you and he seems to be giving you good information. If you are not confidant in him then find a different attorney.
Archived
45k in credit cards I was unaware of that my 30 yr old daughter used in my name. All statements went to her address.
Stephen's answer
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Answered on September 27, 2012
Sounds like you will need the agreement of the creditors to accept her payment plan.
Archived
Can I sue an individual for proceeds from an impending lawsuit settlement when they owe me money?
Stephen's answer
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Answered on September 27, 2012
You can file suit but oral contracts are sometimes difficult to prove.
How can I object to the use of an affidavit in a debt collection trial?
Stephen's answer
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Answered on September 27, 2012
You can object on foundation, authentication and hearsay.
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