Questions Answered by Robert R Weed
Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?
Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.
Q: If I've been sent a foreclosure notice, can I file and stay in the house?
At least for a few months. More depending on the details of your situation and how your bankrutpcy is set up.
Q: I have been issued a warrant of debt from Velocity Investments regarding a 5 yr old debt that was written off
You NEED to show up in court, ask for a trial, ask for a Bill of Particulars and tell the judge your defense is statute of limitations.
That will get you a couple of months to prepare a defense, and if needed line up a lawyer.
Q: My car was repossed
If you never received the 10 day notice letter, then WHAT was drafted on 6/29 and received on 7/6. I'm missing step I need to answer your question.
Q: What is the statute of limitations in Virginia for credit card debt? It is 6/23/2018 and these debts date back to 2011.
Probably five years.
Remember that statute of limitations is an affirmative defense; if you are being sued on a credit card you need to go to court and claim the statute of limitations.
Q: I received a warrant-in-debt and I don't know what to do?
The reason bankruptcy is in the law is NOT really so donald Trump could keep his casinos. It's so you can clear these debts and get back to good credit and get on with your life. You need to talk to a bankrutpcy lawyer.
Q: Can I go bankrupt if I am married
Yes, you can file bankruptcy without involving your spouse. However you are still required to show income eligibility on a whole family budget. (In states that have a connection with Spanish law, like California, the debts of one are the debts of both, while you are married.)
Q: I signed a contract with a dealership, said they made a mistake and need to resign contract, the time limit expired and
This is called a yo-yo sale scam and it's very common.
Lawyers who specialize in car dealer fraud see this a lot.
One place to look for lawyers who do that kind of work is here. https://www.consumeradvocates.org/find-an-attorney. Good luck!
Q: Would filing a homestead deed protect my motorcycle?
Yes. You are allowed $6000 for motor vehicles, which you can split. $4575 on the car, leaving $1425 for the motor cycle. Then you are right that the Virginia "homestead deed" can cover the rest of the bike.
Since your assets are all exempt, you might consider savings money to file a Chapter 7 bankruptcy, which would get you back to good credit far faster than anything else you can do.
Q: I am "collection proof" and would like to protect my motorcycle from levy. Would a VA homestead deed do this?
You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?
Q: I currently have a garnishment. I missed the first court date due to the creditor had the wrong address.
If you can PROVE to a judge that the papers for the first court date went to an address that you can PROVE you didn't live at during that time, then the judgment is not valid and they need to start over.
Virginia Judges are not quick to throw out bad judgement. Also the Judge is likley to ask you whether you owe the money and turn you down if you say Yes, although constitutionally that Judge should NOT do that.
Q: If two people are on a lease can the total debt resulting from unlawful detainer be relieved by bankruptcy of only one?
Bad news. If one party to the lease files bankrutpcy, the other will still be liable to the landlord for the whole amount.
Q: I currently live and work in China, but want to file bankruptcy in the US. How can I start?
You are allowed to file for bankruptcy in your domicile, which is the place you plan to "remain."
It sounds like you have NOT left the US for good, so you have some sort of US domicile.
To put it differently, your if you didn't leave the US permanently, your domicile is the last place you lived.
Sounds like that's Virginia. It would be handy if you had some sort of Virginia address.
Unless you are stationed overseas for the United States (doesn't sound like it...
Q: Due to my wife losing her job and having medical issues we are going to file Chapter 7 in Virginia
Q: Will Bankruptcy court take 401K and Money Markets?
What does your lawyer say? They cannot touch the 401k. Depends on how much you have in the money markets and what else you have anywhere.
Q: We have Chap 13 in SC now live in VA and I lost my job can we convert to Chap 7 here in VA?
You can convert to Chapter 7, but you would still be under the court in SC. To be under the court in Virginia, you'd need to dismiss the SC case and start a new one here.
Either way, a lawyer needs to look at your SC Chapter 13, figure out why you were in Chapter 13 to begin with, and what advantages you would lose by getting into Chapter 7 instead.
Q: I live in Alexandria Virginia but I need to file bankruptcy to save my home in Louisiana. I need help very badly
OK Bankruptcy filed where you live covers all the property you have anywhere in America, so you need to talk to a bankrutpcy lawyer in Northern Virginia.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
