A collection company won a judgement in small claims court against me but I have always struggled with money and do not foresee being able to pay them back. I have no assets to protect but they will only grant me temporary hardships and postpone m...
You should schedule a consultation with a local bankruptcy attorney to see if you qualify and what the cost might be. Judgment creditors have lots of discretion on how they go about collect the judgment, so you main options to avoid being dragged back to court are (1) bankruptcy; (2) negotiated payment plan; and (3) paying off or settling the judgment.See question
Simple question to better my life
It isn't really clearly to what you mean by TDA. My first reaction was TD Ameritrade. My second reaction was "time deposit account" and that's just a fancy phrase for bank account. If you post a comment to clarify what you mean, I will try to provide a better answer.
There's probably nothing "illegal" about what you propose, but the bigger question is whether it is a good idea and you haven't provided enough information to go on. A person could withdraw money from a 401(k) to payoff debts, but there's taxes and penalties and maybe the person could have just filed for bankruptcy and not pay anything.
You should see a debt settlement or bankruptcy attorney for further assistance.See question
I'm facing an imminent Trustee's Sale on a 2006 refi.
No, because there's no such thing as a motion under either of those code sections. The confession of judgment process is rarely used and designed to settle disputes short of filing a lawsuit but with the same effect of a lawsuit.
Suppose someone borrows $100,000 from you and won't pay it back. You might hire an attorney, sue to get a judgment and then do things like a wage garnishment. But attorneys and lawsuits can be expensive and maybe the debtor wants to settle and do a payment plan. Well, a payment plan is just another contract and then you still get to sue.
The confession of judgment is simply bypasses the lawsuit. If you sign documents that fulfill all of the statutory requirements and the debtor fails to make the payments, you can get a judgment right away. But it is completely voluntary and negotiated...there is no motion and it isn't a procedure to stop a foreclosure.
It sounds like you need a bankruptcy attorney or a mortgage defense attorney.See question
I want to know.
There is no age limit for someone to file for bankruptcy.See question
I am 4 mos in arrears and am thinking of doing ch13 -w/ a bk attny of course - and I wondered what the typical/customary juice and fees wd be from the lenders . I spoke w/ one bk attny who put 11.6 pct (582 of 5000 in 4 mos of back payments), an...
I'm not really sure what you mean by "typical/customary juice and fees". I usually see the past due mortgage payments, late fees, foreclosure fees and maybe legal fees. Those vary by case.See question
I am attempting to dismiss Defendant's cross-claim (one claim). I missed the deadline to file a Motion for Summary Judgment on his cross-claim, so I wanted to know if there is another motion I can bring to try to dismiss his claim before trial. I ...
The time for a motion for judgment on the pleadings is governed by Section 438(e), which reads as follows:
"No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise permits."
So the judge can hear it at his or her discretion, though the judge will wonder why you didn't do it earlier in the case. If granted, the judge could also give leave to amend. New allegations could reopen discovery and delay the trial.See question
LL filed an eviction action, I counterclaimed and also filed for Christmas. 7 bankruptcy. The LL attorney got a writ of possession the day after the chapter 7 stay was issued. When I prented the LL attorney he said too late.
I don't now about evictions on Colorado, but a court typically doesn't issue a writ of possession until a judgement of eviction/possession has been entered. If there was already a judgment against you before filing the bankruptcy, then it was too late.See question
Mortgage company filed a petition to withdraw my bankruptcy case due to late payment. I owe two payments totalling a little over 1,000. I will have the funds in two weeks. My home was in foreclosure status prior to the bankruptcy. Will I lose my h...
If you don't have an attorney, get one. You should file opposition to the bank's motion and include a detailed statement of how you will get the money and pay the bank to get caught up on the mortgage payments. Some courts require the debtor to get the hearing date. Others require moving party to schedule the hearing.
It sounds like you might be trying to do a Chapter 13 on your own. According to the American Bankruptcy Institute, Chapter 13 bankruptcy cases filed by people who don't have an attorney have a nearly 98% failure rate. As others have told you...get an attorney.See question
im thinking about bankruptcy
The trustee cannot take your social security or force you to use it to pay you debts. You still need a consultation with an attorney because it isn't often that someone on social security would consider Chapter 13, which i how you labeled the question.See question