Archived
What should i do a company for payday advance is trying to serve me? willing to solve outside court but ask large money?
Richard's answer
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Answered on May 02, 2012
Debtor's prison was abolished centuries ago. You cannot go to jail for owing money. If the payday loan company sues you, you should file an...
Archived
Does the Rosenthal Act apply to a law firm that has already filed a suit against me, my partner, and our dissolved company?
Richard's answer
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Answered on May 02, 2012
A request for validation does not stop or freeze a lawsuit. Your only viable option is to defend the lawsuit. You should have your papers...
Archived
Is there any recourse if a client decides he doesn't want to pay you?
Richard's answer
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Answered on May 01, 2012
If you have all your "ducks in a row", you can file in Small Claims court and get a hearing in about 5 weeks. After the defendant is served, you...
Archived
What Happens when the debt collecters know where you work and have a garnishment in place with the date and everything?what i do
Richard's answer
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Answered on April 30, 2012
One thing is not clear. Did you go to court and have a trial, with witnesses, etc.? Or, did you failed to file an Answer with the court after you...
Archived
Debtor refuses to return asset statement .judgement in ca. debtor in kansas.
Richard's answer
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Answered on April 30, 2012
If the debtor, and his/her assets are not in California, you will need to take the California judgment to Kansas. If the debtor is physically in...
Archived
Can my husband's income be garnished for a house I bought before we got married?
Richard's answer
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Answered on April 27, 2012
It is a violation of the federal Fair Debt Collection Practices Act for a debt collector to threaten to file a lawsuit unless an attorney has...
Archived
I am being sued anmd have been sent a 'Case Management Conference'.
What happens if I do not attend?
Richard's answer
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Answered on April 26, 2012
If the Notice of Bankruptcy Stay was not filed with the local court, you should show up and bring a copy of the court.
Archived
Can a cosigner demand proof of effort to collect from the primary borrower before starting payments on a private student loan?
Richard's answer
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Answered on April 26, 2012
If you co-signed, you are stuck with the obligation. The creditor does not need to chase the delinquent borrower. Depending upon the total amount...
Archived
Notes and bankrupcy
Richard's answer
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Answered on April 26, 2012
No, unless it is a federal student loan. A promise not to file BK is not enforceable. Otherwise, every contract would contain such language and...
Archived
Can a credit card lawsuit be dismissed if the real party in interest is a subsidiary of the credit card company. . .
Richard's answer
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Answered on April 25, 2012
What do you mean by a "credit card lawsuit"? is it a debt collection lawsuit arising from you failure to pay as agreed on a credit card...
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