Archived
Judgment debtor filed BK 5 yrs ago. BK not discharged. Only found out 2 months ago. Am i precluded from now filing claim?
Brian's answer
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Answered on February 17, 2016
If the status says it was "closed", you're good to go. If the debtor had gotten his discharge then the status would read "discharged".
The...
Stopping or delaying a US Government Wage Garnishment Order (SF-329B)
Brian's answer
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Answered on February 03, 2016
The SBA loan might not be dischargeable in a BK. Your relative should consult with an experienced BK Attorney to find out.
A creditor is...
Archived
Would anyone like to get me some advice as to what we can do.
Brian's answer
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Answered on January 27, 2016
The finance/escrow company will contact the creditor to ask how much remains on the debt. With your approval, the creditor will be paid from the...
Archived
Can the creditor still come after me for the debt? And if so, can I still appeal the judge's ruling?
Brian's answer
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Answered on January 22, 2016
Yes, and yes.
Under California Community Property laws, you are liable for debts incurred for the benefit of the household while you are...
Archived
1. How long before this goes to court.
2. Is this offense punishable by jail time?
3. How will I get my money back?
Brian's answer
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Answered on January 22, 2016
You should consider firing your attorney. This appears to be a "simple" breach of contract case so your attorney should be able to push it through...
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Archived
In your professional opinion, do you think the attached letter from India is genuine? Do I need SNT (3rd party)?
Brian's answer
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Answered on January 21, 2016
It's no good, very horrible, and extremely rotten. Not to mention a SCAM!
You can delete/ignore/burn/spindle/mutilate that email with a clear...
Archived
Acknowledgment of Re-assignment of Judgment
Brian's answer
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Answered on January 20, 2016
Yes, you can file this by mail. You should send two copies of the Acknowledgement of Assignment and a self-addressed stamped envelope so the Clerk...
Archived
What can I do?
Brian's answer
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Answered on January 19, 2016
The bank is correct when it said it (the bank) had no duty to notify you of the levy. The Sheriff is, however, required to send you notice of the...
Archived
Is there a statue of limitation for a plaintiff to response to a general denial with affirmative defenses?
Brian's answer
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Answered on January 04, 2016
No, the plaintiff is not required to respond to your answer. You did the right thing to prevent a default, but the case will still go to trial. ...
Archived
There is no other way to serve a judgment-debtor hearing paperwork other than in person?
Brian's answer
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Answered on December 30, 2015
Yes, the proper way to serve someone with an ORAP/debtor-exam is by personal service. And "proper" service allows the court to issue a bench...
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