Need advice on FIRPTA tax withholding and transferring a title deed.
Unfortunately it is impossible to advise with a complete absence of facts. You should resubmit your query with facts, and with specific questions. It may then be possible to respond to you in a helpful way. Right now there is no way to respond because there is no question, or attendant information, to respond to.See question
I am in a case right now where the lawyer is a day late (Under the statue of limitations) on delivering the summons to the plaintiff. How often does the case ACTUALLY get dismissed if this happens? Even if it DOES get thrown out, the lawyer had ca...
Calling someone and letting them know a lawsuit has been filed in not legal service.See question
Hi there, I have 2 cases from Center Township for 2 people 49K01-0911-sc-12190 and 49k01-0908-sc-08382. Small Claims - max amount of 6k each was decided as they did not show up. They sent me a letter recently wanting the judgments removed / s...
You don't actually state a question. It almost sounds like you are the collector on these judgments? Are you asking if should settle for less than the full amount of the judgment? If this is your question you should take a look at the likelihood of ever collecting the full amount. If it doesn't look likely, or like you could do it soon, settlement may be a good option, though you would receive less than the full amount, obviously.See question
I'm in Texas . I was served on April 27 and shows I have to file an answer in 20 days from the serve day. Just called the debt collector and settled. Do I still need to file and answer and what would put on my answer on the Defendant's answer form...
"Just called the debt collector and settled." Does this mean that you agreed on a settlement amount and made a payment over the phone? Or you agreed on an amount and will be making payments? Did you get a written agreement from the concerning the agreed upon settlement? It can be very difficult to get an agreement in writing after you have ponied over your money.
The fastest way to resolve the situation is to call the debt collector and ask them to send you something in writing that states that you have settled your debt in full, and that they will dismiss their lawsuit with prejudice. As I mentioned, this may be more difficult if you have already paid them in full. If that is the case, you should hire an attorney to file an answer on your behalf, or file a counter claim.
If you haven't paid them yet, here is your chance to negotiate. Tell them you will pay as soon as you have a written agreement that stipulates the amount of the settlement and also stipulates that upon clearance of your funds, they will dismiss the lawsuit with prejudice. Make sure your name, the case number, the name of the original creditor, the debt collector, and the account number are all on the agreement.
Good luck with this. And remember to always get an agreement in writing before you pay anything. Keep a copy of the agreement, and of your canceled check in your records in case a question ever comes up regarding the settlement or a new company attempts to collect.See question
A repossessed car unpaid for as left work and am currently not working can they garnish my husbands check I was served yesterday for small claims court. It took them seven years to contact me even though I emailed them seven years ago
First, no one (other than the IRS or state) can garnish you until they have filed a lawsuit and obtained a judgement. If you were just served, it is possible that the creditor can obtain a judgment, and then garnish you, but not before a judgment is obtained.
However, you say that it took them seven years to contact you; if you have lived in Oregon for at least six years, and made no payments on the repossessed vehicle during that time, the statute of limitations has passed on collection of this debt. What this means is that if you file an answer to the lawsuit with this defense (statute of limitations) the creditor most likely won't prevail. That means no judgement, therefore no garnishment.
Also, whose name was on the car loan? If it was only one of you, that is the only one who should be named on the lawsuit. Whose name is on the lawsuit? If it includes one of you who is not obligated on the loan, that is another defense that can be raised.
Lastly, the only one(s) who can be garnished (when, and if, a judgment is obtained) are the individuals named on the judgement. So if only one of you is named, the other cannot be garnished. However, if you have bank accounts in common, that account could be garnished.
I would recommend meeting with an attorney to discuss this situation. You may have a valid defense, and you may have counter-claims.See question
I haven't receive any information or an order to go to court. I was not contact by any one in reference to the debt. So I'm not sure what the debt may be. The order is from New Orleans LA which I haven't live ther in the past 11 years it also has...
This is something you need to consult with a local attorney about. It may be that this is a very old garnishment that has been renewed, or it may have been a more recent judgment that was pushed through by the debt collector without taking the necessary legal steps. If this is the case, and you can get the judgment vacated you should discuss with your attorney the possibility of filing a Fair Debt Collections Practices Act suit against the debt collector if this really is not your debt.
Other possibilities are: you may be able to settle the debt. Or you might consider discharging the debt in bankruptcy if you also have other debts and owe more than you can pay back.See question
I live in Oregon and plan to file chapter 7. I owe over 4000 dollars to a university in Florida. I have an email statement from them saying the money owed is not a loan and rather owed directly to them. It was used for tuition, supplies, and late ...
I agree with Michael Burr. You would need to find out what exactly you owe the university for. If it is for tuition you may not be able to discharge it. See if you can locate your original agreement or billing from the school and take that with you when you meet with a bankruptcy attorney.See question
Good morning, I was wondering if LVNV Funding LLC is required to provide proof that they actually own my debt? I'm not disputing the fact that I owe the debt I'm just wondering if they have to provide proof that they now own my debt. Please...
If they have filed a lawsuit to collect the money they allege you owe, you would want to require proof of ownership as part of the discovery process. Look carefully at what documents they send as proof. Many debt collectors, including LVNV, buy large tracts of debts in bulk with little or no identifying information attached. If this is what you are sent in response to your discovery request, it probably is not sufficient.
If they have not sued you, but are simply attempting to collect on the debt, as a practical matter they are not required to send you proof. However, if you have written to them and disputed the debt, they may be required by law to send you a statement or some form of proof, or cease collection. If they do not cease collection at that point, and if the amount they say you owe is in dispute, you may have a potential Fair Debt Collections Practices Act that could be filed. Consult with a local attorney to find out what the laws are in your state.See question
If I filed bankruptcy you would I still be liable for the house if ex hasn't filed could he or court force me to pay
As the others have suggested, your obligation to your ex is a separate matter from your obligation to your mortgage company. As long as you have not reaffirmed your mortgage, after receiving a discharge you would have no legal obligation to the mortgage company. Your obligation to your ex, regarding your mortgage, should be stated in your divorce papers.
Of course, if you continue to live in the house after bankruptcy, and still don't make mortgage payments, the mortgage company could file a foreclosure lawsuit or a Notice of Trustee Sale, depending on the laws of your state, and eventually get a judgement then sell the property.See question
I'm looking to file a chapter 13 in Brooklyn, N.Y. I would not have the full amount of the lawyer's fee at the time I file. Will I be able to pay the fee through my payment plan?
In Oregon the attorney typically gets some money up front, prior to filing the Chapter 13, then is paid the remainder owing in monthly installments through the Chapter 13 plan. How much is obtained prior to filing the bankruptcy depends on what you and your attorney agree on. Some attorneys charge very little up front, some charge a lot.See question