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If Friend "A" can't pay the outstanding debt to debt collector. Can he be incarcerated in county jail?
M. Wayne's answer
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Answered on June 21, 2013
An Order is only effective if and when signed by a judge. If you were ordered by the judge to do something and you did not do it, the penalty for...
Archived
What type of Lawyer do I need for being unable to continue paying a 26% car loan and I CANT file bankruptcy.
M. Wayne's answer
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Answered on June 21, 2013
The contract is probably binding. Seek out an attorney through the local or state bar association who specializes in consumer debt/collection defense.
I have a repo that turned into a charge-off that is 4 years old with Santander.
M. Wayne's answer
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Answered on June 21, 2013
It is sometimes surprising how fast debt can increase with late charges and fees. Santander can give you an accounting so you can see why the...
Archived
Can a trust deed that passed through chapter 7 be litigated after discharge without re-opening BK
M. Wayne's answer
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Answered on June 20, 2013
As the owner in possession of the property you have an interest in clearing any liens on the property. The action would be a quiet title action...
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Archived
Can I negotiate with US Marshall regarding the liquidation of my bank account? Basically Can I offer alternative payments?
M. Wayne's answer
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Answered on June 20, 2013
The US Marshall is following orders and is not in a position to negotiate the amount or how it gets paid. However, you could try to negotiate and...
Archived
Two creditors took me to court, if i don't make it to court on monday they will file a judgement against me.
M. Wayne's answer
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Answered on June 20, 2013
Unless the debt you owe is because of fraud, taxes, and a few other types of debt, a bankruptcy even after a judgment is entered, can be discharged...
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My lawyer did not properly represent me at my hearing. What can be done when this happens?
M. Wayne's answer
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Answered on June 20, 2013
It is difficult to determine if your attorney should waive attorney fees based on these facts alone. I agree that the fee arbitration system that...
Archived
How do we know a debt actually belongs to an individual who is disabled and cannot defend against the collection process.
M. Wayne's answer
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Answered on June 20, 2013
Let the creditor/attorneys know of your concern about account numbers. If it appears legitimate, and your family can handle it, make the best deal...
What happens to a term life insurance policy in Chapter 13 bankruptcy?
M. Wayne's answer
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Answered on June 20, 2013
The exemption for life insurance proceeds is found in California Code of Civil Procedure 703.140(b)(11)(C) "A payment under a life insurance...
Archived
The collector send me a letter in response for my "pay for delete" letter, that asked me for more information to verify the debt
M. Wayne's answer
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Answered on June 20, 2013
There are times collection agencies do not have correct records but if they sent you notices, those notices will have references to account numbers...
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