Questions answered by Shaye Larkin

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Do I need to take legal action?

Shaye's answer | Answered on January 16, 2014

They cannot issue a warrant for your arrest. Statements like this are a blatant violation of the Fair Debt Collection Practices Act. (FDCPA). ...

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Do I need to claim a Tax refund,student loan, and Pell Grant for a Civil court fee waiver?

Shaye's answer | Answered on January 16, 2014

California does not count student loans or Pell Grants as income. As for a tax refund, that would be a refund of money already earned; it was...

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What do I put on Schedule A under "CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY" if I have no equity?

Shaye's answer | Answered on January 16, 2014

This question was already answered. You put the current value of the property without subtracting the secured debts.

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What do I need to know before contacting my private student loan lenders?

Shaye's answer | Answered on January 16, 2014

You haven't given us any information on what your concerns are. I am guessing at a bear minimum you would need to know the account number but...

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If I have no equity in my home, (it's assessed at $69,500 and I still owe $72,700)

Shaye's answer | Answered on January 16, 2014

You but the current market value for your home - not the value minus the amount owed. Bear in mind that tax assessor records are not always the...

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Can a debt collection agency take wage garnishment from my paycheck without notifying me?

Shaye's answer | Answered on January 16, 2014

You need to get copies of the court documents for the lawsuit to find out exactly what is going on. Ask your employer for a copy of the wage...

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If you sued someone and win the case, can you collect interest on the debt if the person does not pay? How much interest?

Shaye's answer | Answered on January 16, 2014

I'm guessing this must be a Chapter 13 bankruptcy case filing since in if the Debtor was filing Chapter 7, their bankruptcy attorney would not be...

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Alias summons civil court for credit card debt, what can happen if a judgement is made?

Shaye's answer | Answered on January 16, 2014

Social security is exempt and protected in every state - make sure you don't commingle it with non-social security funds. The homestead exemption...

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How do I get out of my office lease after the landlord unreasonably increases the rent?

Shaye's answer | Answered on January 16, 2014

This is an unfortunate situation but based on the information you have provided, unless your landlord has materially breached the lease, you will...

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I am in co. And currently being garnished. The collection agency said that can garnished my tax refund. Is that possible??

Shaye's answer | Answered on January 16, 2014

The collection agency is lying to you. Tax refunds cannot be offset to pay a credit card judgment. This threat is a violation of the Fair Debt...

Shaye Larkin's Answers (3891)

Do I need to take legal action?

Do I need to claim a Tax refund,student loan, and Pell Grant for a Civil court fee waiver?

What do I put on Schedule A under "CURRENT VALUE OF DEBTOR'S INTEREST IN PROPERTY" if I have no equity?

What do I need to know before contacting my private student loan lenders?

If I have no equity in my home, (it's assessed at $69,500 and I still owe $72,700)

Can a debt collection agency take wage garnishment from my paycheck without notifying me?

If you sued someone and win the case, can you collect interest on the debt if the person does not pay? How much interest?

Alias summons civil court for credit card debt, what can happen if a judgement is made?

How do I get out of my office lease after the landlord unreasonably increases the rent?

I am in co. And currently being garnished. The collection agency said that can garnished my tax refund. Is that possible??