After moving out of my apartment, the property is now charging me to replace the carpet for the remaining life value. I left the carpet in near perfect condition. They are saying there was a pet odor, but i can provide letters from witness saying ...
It is impossible to predict if the judge will believe your evidence. As the plaintiff, you have the burden of proof. Letters won't work, but declarations under penalty of perjury might be accepted by the judge. Having live witnesses is the best way to go, however.See question
My relative deceased after she paid the debt to the IRS, which a senator from another state waived the debt her spouse owed after he passed.
I'm moving this over to probate.
Your relative owed money to the IRS, paid it and the amount was supposedly waived by a Senator? That doesn't make any sense. Senators can't waive debts owed to the IRS.
If there is any legal basis for returning the money, it would belong to your deceased relative's estate. Whoever was in charge of her affairs like a trustee or executor would be the person with the legal authority to pursue this matter. Consult a local attorney for further assistance.See question
I lost my job in Arizona and was unemployed for three months. I got a new job in Colorado. I had to rent out my house in Arizona because I want to keep it. I'm renting in Colorado right now. I will have to file Chapter 13. Can I still protect...
There's nothing in the bankruptcy code that prohibits you from using Chapter 13 from saving a rental property. However, you need to schedule a consultation with a local bankruptcy to see if this is feasible in your particular case.See question
I have copies of my promissory note and I could see the bar code lines were not the same . What do the bar codes mean and who can read them? Thank you
They don't have any legal significance. You are bound by the words, not the bar codes. Bar codes are usually for internal tracking.See question
If I filed all my debts with my attorney and one of my creditor did not file in the chapter 13 can they come back after me when my bankruptcy is paid.
if you file for Chapter 13 and give property notice to the creditor, the debt will usually be discharged regardless of whether or not they file a claim. There some exception such a recent tax debt.
There are also times where you want to encourage the credit to file a claim or even file the claim on the creditor's behalf. if you are past due on the mortgage and they don't file a claim, you'll still be delinquent on the mortgage. Car claims and taxes are also examples of where you want to make sure a claim is filed.See question
My mom was served with my debt collection summons even though I don't live there. I actually live in L.A county and she in the Bay Area. I never got a comfy sent via mail and I wonder if i have been served properly? My mom also didn't know what wa...
You haven't been properly served, but the court won't know that unless you take the proper steps to challenge the validity of the service. The plaintiff will have a declaration from a process server saying that they served you.
You are probably better off hiring an attorney fight the lawsuit or file for bankruptcy. Challenging service usually means you end up spending hundreds of dollars to get an order saying they need to serve you again. Then they served you and you still end up fighting a lawsuit. Your money is probably better on settling or address the merits of the case than fighting over a relatively minor technicality.See question
I HAVE 45 MONTHS LEFT TO BE DISCHARGE FROM CHAP 13. I AM WAITING FOR CONFIRMATION HEARING, MY QUESTION IS WHAT IS GOING TO HAPPEN TO MY REAL ESTATE YEARLY PAYMENT? I OWED 2016, 2017 AND FUTURE REAL ESTATE TAXES. WOULD I BE GIVEN THE OPPORTUNITY ...
It sounds like you are trying this without an attorney. Or perhaps you have an attorney that hasn't fully explained how the Chapter 13 process works.
If you filed for Chapter 13 to take care of past due mortgage payments or past due real estate/property taxes, Chapter 13 allows you get caught up on the past due payments over a 3-5 year period. However you are responsible for keep up on the payments the come due after filing the BK. It sounds like this wasn't make clear to you.
If you filed bankruptcy today, you would need to resume make your mortgage payments beginning August 1, 2017. Where I live, property tax payments are due in December and April and I would need to make those payments if I didn't have an impound account. If it comes due after the bankruptcy filing, you need to make sure you've budgeted for those payments. If you keep getting further and further behind, you aren't doing something right.See question
I have a California judgment against a company and individual based in England. I want to take a judgment debtor exam. Are the judgment debtors required appear in California, or do I have to take the exam in England? If they are required to a...
A court won't enter an order for someone from England to appear on California. You will probably need to register the judgment in England and use their court system to get what you want, assuming English courts even offer that type of remedy.
Your California judgment is enforceable against assets in California and that's about it.See question
Mortgage debt discharged through chap 7 bk in CA. Received 1099c in 2012 for the full balance. 3 years later, 2015, original creditor transferred servicing rights and new servicer began attempting to collect the debt and now has scheduled a sale d...
The 1099 just means the wrote it off for tax purposes. It doesn't mean they gave up their right to enforce the lien on you property. The bankruptcy only eliminated your personal obligation to pay the debt. The can foreclose if you do not pay.See question
We live with our in-laws. We are on the deed but not the mortgage of a VA loan. If we don't agree to sell the house in one year, my in-laws have threatened to walk away from the house a let it foreclose. What are all my options. I do have a good ...
You need to schedule an appointment with a local real estate attorney. You might have the right to buy them out and your rights will be impacted in party by whether or not you were on title before the current loan was put in place. There are many missing details that are best handled with a face-to-face consultation with an attorney.See question