Debt Collection: Which qualifies as initial contact?

Law requires creditor to mail to last known address. Does not require that you actually receive the notice. Failure to include "required notices"...

Can I fight something on my credit report because I was under age at the time?

Yes. Dispute the debt directly with creditor and credit reporting companies in writing. During your minority, you were not legally competent to...

What options do I have regarding wage garnishment?

Agree with colleagues. First examine the garnishment and underlying judgment. It is common for creditors to obtain a default judgment in...

Can a revocable family trust protect the California asset (home) from chapter 7 bankruptcy court in Nevada?

Assets in a revocable trust, which has not become irrevocable, are part of debtor's BK estate. Absent some special facts or circumstances, simply...

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My employer erroneously went through with a wage garnishment against someone that is not me. What can I do?

Your employer is required to process a garnishment order. Minimal diligence required by employer. Your real dispute is with creditor or sheriff...

I am in a Ch7 bankruptcy Adversary Proceeding. I filed a summary judgment motion that was denied 35 days ago - can I appeal it?

Appeal of a SJ is very likely to be unsuccessful. Focus your efforts elsewhere. Reference FRBP Rule 8002(a). Bankruptcy litigation requires...

I have a old collection debt that is at least 7 years old.. They sent me a letter to garnish my wages..

Facts suggest creditor has already obtained a judgment. Cannot commence garnishment without an enforceable judgment. Review court file to...

Is it possible to protect my assets after a creditor starts actions to collect a debt?

Yes. There are strategies to protect assets after a creditor begins collection actions. These include spend down of assets, certain transfers to...

If settling all debts, do I need to settle smaller debts first to be insolvent on most of the forgiven debts amount?

Debts forgiven during insolvency are not subject to taxation. There are many considerations which must be weighed when devising a debt forgiveness...

Why do lenders come to bankruptcy reaffirmation hearings?

You are correct. Lenders rarely appear at reaffirmation hearings. Lender may appear in special circumstances, such as: when reaffirmation is part...