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I moved to CA from NJ and will file Chap 7. What address do I use to fill out the forms and to whom/where do I send the forms?
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Answered on January 17, 2014
The bankruptcy forms may look simple, but filing a bankruptcy case is complicated. There are many rules and procedures that are not evident from...
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Community Debt after a Divorce. How do I get out of it?
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Answered on January 16, 2014
If you have filed a chapter 13, gotten confirmation of the plan, you've committed to paying some portion of these debts. Do you have an attorney...
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Hi, I am being sued by a collection agency but my only income is Social Security Disability. Can money be taken out of my check?
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Answered on January 16, 2014
Yes, you can get sued. The creditor or debt buyer has no way of knowing how much income and property you have or whether the income is exempt from...
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I was in court last month and agreed verbally to pay a past due credit card, the judge set up a compliance hearing for Jan 24.
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Answered on January 15, 2014
Collections cases are typically resolved in one of three ways. 1) default judgment, 2) settlement, or 3) judgment after trial.
If you agreed...
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Does BK toll SOL on Student Loans? Can they levy or garnish wages from my husbands account even though all the loans are mine?
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Answered on January 15, 2014
There is no statute of limitations for collection of a federally guaranteed student loan. Even after default, the lender (or current owner) can...
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Archived
Are funds for necessary living expenses (rent, utilites, transportation) protected from bank account garnishment?
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Answered on January 03, 2014
In order for the creditor to have obtained a Writ of Execution, it must have filed a lawsuit and obtained a judgment. Were you aware of the...
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A rep from rent a center is leaving me voice messages.
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Answered on December 30, 2013
This type of behavior is harassment (prohibited by the California Rosenthal Act); you may be able to pursue an action against the collection agency...
Chapter 7 bankruptcy, is it legal for a credit union to cross-collateralize after discharge. ie. hold car title b/c of crdt card
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Answered on December 27, 2013
A credit card debt is a non-priority unsecured debt. Auto loans that are secured by a lien on the vehicle are secured debts.
Based on your...
Archived
How would I get a Judgment and Notice of Levy dismissed if I was not served?
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Answered on December 23, 2013
If you were never served with the original debt-collection complaint, and that complaint led to a default judgment, you must file a motion to set...
Is this a scam? What are my rights when dealing with dubious debt collectiors?
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Answered on December 16, 2013
It isn't possible to know with absolute certainty whether a debt collector is calling on behalf of a legitimate creditor and debt. Sometimes the...
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