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Matthew Erik Johnson
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Matthew Johnson’s Answers

1,637 total


  • Should I file lawsuite

    25 year old loan school closed and credits non transferable dept of education said I could file a lawsuite

    Matthew’s Answer

    I agree your question is disjointed and its not very specific as to what you are asking. If you received a school loan and the credits are no longer valid, there may be methods by which you can discharge the loans. If you are seeking to sue the school - then it would be very difficult to sue a closed school.

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  • What does it mean if a lawyer filed a motion to vacate the court order With the bank, can you remove the money

    i've had a judgment filed against me for over 3000 and that amount was frozen in my checking account? I lost income and have not been able to pay creditors.

    Matthew’s Answer

    Its difficult to understand your question as it is not written in complete sentences. However a motion to vacate a judgment is asking the court to set aside a judgment for some stated reason. Meaning that the filer wants to undo an order that has already been granted.

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  • Will I have to pay?

    My husband died. The hospital collected from his insurance. They want me to pay the copay. I never signed anything. My husband had no estate. I made the money. Am I liable to pay what they billed his estate for?

    Matthew’s Answer

    I agree that you m ay be liable for the debts in this case based on the law cited in Colorado. You may be able to negotiate a smaller amount with the hospital, or potentially file for bankruptcy if your situation calls for it. A review with a local bankruptcy attorney would be a wise use of time. Many offer free consultations.

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  • Overwhelmed and Need Advice

    Please help ,I am in Texas and recieved papers from a Texas Processor.I did not have to sign for them. It is for a 1,509 past credit card debt back in 2012. I do not have a job at this time and am over whelmed by all this. This came out of the bl...

    Matthew’s Answer

    You do not have to sign for service of process. You must respond to the complaint within the time frame set in your state, which is usually 21 days in most jurisdictions.

    Alternatively, you could also file for bankruptcy. If you are low income, you can potentially get the filing fees waived and could find a low-bono or pro-bono attorney through your county bar association.

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  • What would you suggest that I should do next, considering that I wasn't served properly and the case is more than 10 years old?

    Good evening All, I live in New York as a resident for over a decade, but 12 years ago while being resident of Maryland I collected debt of 11,500 for a personal loan. Original amount was 4000, and 7500 was of interest. A few days ago, I find ou...

    Matthew’s Answer

    You may want to check the statute of limitations on judgments in the state where the original action took place.

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  • Notice on pays tub before payday I was being garnish with out being notified or a letter in mail saying when they are going tof

    Garnishment

    Matthew’s Answer

    If you were garnished without proper notice, you could potentially either file for bankruptcy to stop the garnishment, and/or file with the court where the action took place to vacate the default judgment there and argue that you do not owe the debt (if you can)

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  • If I died can the federal lenders for student loans repossess my home to collect their money?

    I am a single mother of two I live alone, and I live in texas. I owe $60.000.00 in student loans to the federal gov. I want to leave my home to my kids. If I died, can the lenders repossess the house to collect their money?

    Matthew’s Answer

    While they cannot repossess your home, they do fall under creditors for the purpose of an estate. On notice your estate must pay back the debts which you owed before being distributed to your beneficiaries. The best way to get around this would be to make a transfer before you pass away.

    There are a few ways to do this, including joint tenancy with right of survivorship, but you want to do so sooner than later to reduce the appearance of fraudulent transfers.

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  • How long after a chapter 13 discharge does a lender/creditor have to reposes their items

    general question about property and secured debt "tool box" from a major tool supplier that shall remain unnamed for now

    Matthew’s Answer

    There is no hard and fast rule for time limits for recovering secured property generally. In most circumstances the issue would be whether the secured creditor has abandoned the property. This is not a bright line test and takes into considerations such as (but no limited to) value of the property, circumstances under which the property is being held or hidden, opportunity for the creditor to collect the item, and so on.

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  • How much money can you have exempt in your bank account at the time you file Chapter 13 in Florida?

    Exploring Chapter 13 in FL.

    Matthew’s Answer

    For a Chapter 13 you can have any amount in your bank account so long as the liquidation value calculation allows for a feasible plan. In a Chapter 13, the liquidation value is important to determine the size of your minimum plan payments. You must pay the liquidation value (what you cannot exempt) over a 60 month period to your unsecured creditors. So if you cannot exempt say... $60,000 in property, then you must pay at least $1,000 per month for 60 months.

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  • Can my other half request to keep and pay, get financed on a item I have but included in my chapter 7. I don't want to reaffirm

    My other half filed a chapter 7 due to past debt from a prior marriage. Before, this person fell behind, as a gift to me financed a motorcycle under their name but I was making the payments. However, we all know that most judges will not allow a r...

    Matthew’s Answer

    So long as the payments are not delinquent you may continue to pay on the loan and keep the vehicle. However if the payments become delinquent, the lender will again have the right to repossess. If the vehicle is delinquent (which it looks like it is), then negotiating a reaffirmation agreement is the only sure way to makes sure the toy stays yours.

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