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answered on Dec 9, 2010
They will have to come sue you in New York. If so, you'll be able to defend the lawsuit. Only if they get a judgment will they be able to garnish your wages.
answered on Dec 9, 2010
Frankly, I wouldn't worry about it. 690 is above the national average. And assuming you are current with all your obligations and make your payments under the mod, your score should inch back up in the next 6-9 months.
answered on Dec 2, 2010
Depends where you live and how complicated and/or messy your situation is. A lot of divorce attorneys charge $200-350 an hour. Mediation costs less. Most matrimonial lawyers will expect a hefty retainer. Mediators will too, though many will let you pay as you go
answered on Dec 2, 2010
Hopefully, you will stand on both your legs.
In NYS, you would be entitled to child support. You might be able to get spousal support ( alimony), depending on your own work and educational situation.
NYS is an equitable distribution state, meaning the split doesn't have to be... View More
answered on Dec 2, 2010
That depends. Say you move from Texas to Colorado. There are judgments against you in texas. The creditor could seek to have the Texas judgment "domesticated" , that is, turned into a Colorado judgment. They have to apply to a Colorado court fo rthis and you should get notice of it.... View More
It does say "as is" on the contract, but it is now different from when I first went into contract. It does quote Sec. 5-1311 of the General Obligations Law. Can I be compensated, possibly price change amendment.
answered on Nov 29, 2010
You will see GOL 5-1311 deals with the situation, depending on the severity of the damage. You may be able to argue a price reduction, but see if there is insurance covereage. You may want to demand the seller fix it: he may actually improve it for you. I had clients once who contracted to buy a... View More
I TRIED THE SUPREME COURT LIBRARY, BUT THEY DO NOT HAVE IT IN PRINT YET. THEY GAVE ME A WEB ADDRESS, BUT THEY DO NOT HAVE IT IN THERE EITHER. PLEASE HELP ME. THANKS.
answered on Nov 29, 2010
It should be in the NYS OCA website library of forms.
Remember, though, you must prove more than a simple 6-month breakdown. You also have to show the Court you have agreed to the fundamental issues ( distribution of assets and debt, custody, child support, etc). And this is best done in a... View More
answered on Nov 29, 2010
From the NYS DOS website:
The Department of State does not require or maintain information regarding the names and addresses of officers or directors of corporations, the members or managers of a limited liability company, the limited partners of a limited partnership or the partners in a... View More
answered on Nov 29, 2010
Yes, he could, unless Colorado has a specific prohibition against suing on time-barred debts. You would answer and raie a defense. Also, suing you or threatening to sue you on a time barred debt violates the FDCPA. Talk to a knowledgeable consumer lawyer in your area about your rights.
answered on Nov 29, 2010
From TeachMeFinance.com:
Open Account -- Credit extended that is not supported by a note, mortgage, or other formal written evidence of indebtedness.
historic definition...
Open account -- Same as running account, although the term open account is usually employed. In trade... View More
1.Not the original creditor (Midland funding bought it)
2.May have been charged off by original creditor
3.Midland is sueing for 4x the original debt ie. (Fees)
4.Can the FDCAP help after a lawsuite is filed.
answered on Nov 28, 2010
It is legal for a third party to buy the account an ask for whatever was owed under the contract. Think about how old this account is. If it was a credit card with a 25% interest rate, adn it went unpaid for 3 years, the amount the card company says it si owed would be the principal x 1.75. You can... View More
answered on Nov 20, 2010
In a class action, the court will fix the attorney's fees, usually based on the hours spent and a reasonable hourly rate.
Will the credit card company have to excuse my not paying for what he stole and charged?
answered on Nov 20, 2010
Did you file a frad affidavit? You can find one at the FTC website.
Under the FCBA, you should dispute teh charges he made on your credit card to the issuer within 60 days of the statement on which they appear.
Both should protect you.
Original creditor is i want to verify if this is my account i called the number and could not get an answer from the secretary what can i do to find out who is garnishing me or how i can stop them?
answered on Nov 19, 2010
The income execution will tell you who sued you, what court, when the judgment was entered. Go to that court clerk and pull your file. You can call the lawyer who issued it, they should be able to tell you, but you will want the file to assure yourself of what their claim is all about.
I received a bill from a collection agency, when I went to the place that I supposedly owed money to, they said they couldn't even find that I owed anything. I faxed copies of everything I have showing I don't owe anything to anyone to the collection agency and the place sending me to... View More
answered on Nov 18, 2010
They may be violating the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act. Seek out an attorney who belongs to the National Association of Consumer Advocates to get more particular advice. There are some good ones in Alabama
answered on Nov 18, 2010
There is a profession in tne NYS Education Law Title 161 regarding " Certified Interior Designers" My understanding is that you must have the certification or work under one with a certification in order to perform as an interior designer. Cities and counties may have their own... View More
The Lease for the apartmeny expired 2 months ago and because of her rent arrears and the unsanitary conditions of the apartment, I am not offering her a new lease.
answered on Nov 18, 2010
The disadvantages are you will have to go through the process of having her removed, which means notice then off to court. The tenant naturally could claim wyou are being dsicriminatory. Take pictures, have witnesses, paper the trail
answered on Nov 18, 2010
Conley v Gibson was overturned a few years ago. It dealt with the standard use by federal court judges to determine whether a complaint states a cause of action under Rule 12(b)(6) in the federal court. It has nothing directly to do with frivolity, but whether the plaintiff has stated a legally... View More
answered on Nov 18, 2010
I hope you had him sign a promissory note. If note, see if you can do so now. "I should say I owe you X, with interest, payable as follows...."
If you can't get him t sign, or he becomes evasive, think about starting an action. There are subtle ways to do this, i.e., without... View More
My mortgage company said I need to satisfy the liens before they can even consider a modification. It totals about $6,000 but I don't have that kind of money right now. I am permanently disabled & my husband had lost his job in June of 2009 & is still trying to find another.I have been... View More
answered on Nov 18, 2010
Chap 13 will freeze all the debts and you can tote them up and pay a percentage off ove 3-5 years. And based on your income situation, you might qualify for a Chap 7. Howver, under a 13, you have to pay off the arrears AND stay current on your mortgage. If you are having a hard time doing that, a... View More
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