Get free answers to your legal questions from lawyers in your area.
answered on Nov 17, 2018
At least for a few months. More depending on the details of your situation and how your bankrutpcy is set up.
I was charged with a dui but it was dismissed at court.
The debt is 5 years old was written off by Lending Club so a bit perplexed as to what to do. Unfortunately my case is appearing on Monday, July 23. I was quoted $1000 fee by another attorney up front which I thought was a bit off given the nature of the case and my research of Velocity’s nature... View More
answered on Jul 22, 2018
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.
I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.
answered on Jul 6, 2018
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.
answered on Jun 23, 2018
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.
Hello,
To make the story short, my significant other passed away and left me to care for our daughter alone. Anyways, a few years ago I opened a loan in desperation thinking I was able to afford to pay it off but the bi-weekly payments got the best of me and it was either rent or the loan.... View More
answered on Jun 1, 2018
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.
I don't have joint anything
answered on May 28, 2018
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.)
Now I have to have a co-signed or cough up extra 2,200 or else they will take my car. I returned car. I was going to get refunded my downpayment but they want to charge me $900. Technically there’s no contract right? What do I do I had no idea about the time frame or deadline of having to resign... View More
answered on Apr 26, 2018
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!
I have car fmv at $ 4575 and motorcycle fmv at $ 2310. I am "collection proof" regarding all other assets.
answered on Apr 21, 2018
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... View More
Other assets are covered as exemptions. No home and only receive social security payments.
answered on Apr 20, 2018
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?
I owe the money, but can the garnishment be stopped?
answered on Mar 25, 2018
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... View More
The debt was assigned in court by default judgement. Can such a judgement be included or removed in a bankruptcy? Will other tenant be held responsible if entire debt is included with just one party filing bankruptcy?
answered on Mar 21, 2018
Bad news. If one party to the lease files bankrutpcy, the other will still be liable to the landlord for the whole amount.
I teach English in China and get paid in Chinese Yuan, but I don't have any US tax forms (W-2/W-4) or anything since those are not used here. I've lived in China since September 9, 2017, so it's been more than 180 days since I've lived in the States. I'm going to live in... View More
answered on Mar 15, 2018
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... View More
Due to my wife Having major medical issues and losing her job we are filing chapter 7 in Virginia can we keep our Timeshare based on pointsThrough Windham thanks we pay maintenance fees we owe no money
answered on Mar 7, 2018
I've never seen the bankruptcy court try to take and sell those timeshare.
Currently in Chap 13 lost jobs want to convert to Chapter 7 will court take 401K and Money Market accounts to pay creditors?
answered on Mar 5, 2018
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.
answered on Mar 5, 2018
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... View More
All of our belongings are in there and sell date is late March
answered on Feb 17, 2018
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.
Payment. They have locked all of our accounts so that the only way to pay is through a collection manager. She has nor returned my calls. We have not received a demand letter or notice of default.
CAN THEY TAKE THE ONE I PURCHASE ALSO?
answered on Feb 17, 2018
Like Stuart, I'd prefer you wait until your BK is final. That's only next week. But you can pick one out now.
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.