Archived
Question about filing Bankruptcy and discharging small claims judgments from a state I no longer live in.
Richard's answer
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Answered on March 27, 2015
Because you live in Louisiana, presumably for at least 180 days, you must file in Louisiana. After you file, any creditor can file an adversary...
Archived
Bank withdrew $5,000 from my account for an alleged debt
Richard's answer
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Answered on March 27, 2015
It is called a "banker's setoff." If you were on an account, and that account was indebted to the bank, the bank can take any funds that you have...
Does a personal debtor's exam involve my LLC.
Richard's answer
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Answered on March 26, 2015
You must answer the questions and tell the truth. The creditor is entitled to learn about your financial circumstances, even if that information...
Archived
I've been served. I don't think I can afford to settle the debt and I can't afford bankruptcy. What should I do?
Richard's answer
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Answered on March 26, 2015
An attorney should review the specifics of your situation, including the papers that were served.
Archived
Am I legally responsible to pay for my father's credit card debt?
Richard's answer
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Answered on March 26, 2015
If you executed an affidavit / declaration under Probate Code 13100, you may be responsible. If you received the funds from bank accounts which...
Archived
How do I answer a summons from a debt collector?
Richard's answer
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Answered on March 25, 2015
You can retain an attorney who has gone to law school, passed the bar exam and actually practiced law for a number of years. Or you can try to...
Archived
Can I be sued for a unsecured credit card debt? Limited Liability case-$5600.
Richard's answer
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Answered on March 25, 2015
Yes, you can be sued. And you are being sued. Received gov't benefits is not a defense to any lawsuit. If you cannot afford to pay the court...
Archived
How long do you have to file a claim of exemption in California?
Richard's answer
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Answered on March 24, 2015
A claim of exemption is not the place to argue that you were not properly served. Unless you file a motion to set aside the default judgment, and...
Archived
If I'm in bankruptcy proceedings can they garnish my wages?
Richard's answer
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Answered on March 24, 2015
No. Make sure that you listed this creditor in your BK papers. And send a letter to the creditor which a copy of your BK notice.
Archived
If a mechanic's lien is recorded, how much time does the contractor have to file a suit before the lien is expired?
Richard's answer
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Answered on March 24, 2015
Usually 90 days, which can be extended under certain circumstances. Your problem is that the lien will still appear on the title report. When you...
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