Pensions that are qualified under the Employee Retirement Income Security Act of 1974 (ERISA). These are exempt by law. However, if you file bankruptcy, then GA law provides greater exemptions. Below is the relevant GA law; note that it ONLY applies in bankruptcy.

If you have a judgment... View More

Payday loans are illegal in NC. Can a company threaten you with arrest? Sure. Will they follow up? No. Its the equivalent of a drug dealer calling the cops to report a robbery of his drugs or money. Would a drug dealer do that? No because the drug dealer would implicate himself in a crime.... View More

If the agent "stole" $500,000 then he/she can be criminally prosecuted and ordered to pay restitution.

Mother's new POA or guardian should be talking with an elder care law as to what actions can be taken against the former agent.

Is mother eligible for Medicaid? That... View More

Who is the mortgage with? If a new mortgage company, then get the insurer to reissue the check in the name of you and the new mortgage company and see if that will work. If not, get the insurer to reissue just in your name since the old mortgage company is not involved.

Why did it take... View More

Why are you doing anything for your father? Unless you have a power of attorney then he needs to get his own attorney. Its not ethical to discuss someone else's legal problems with you.

The statute of limitations in GA is 6 years so it does not matter. Who is this lease with? Your... View More

You do not post enough information. Has the closing occurred? If so, then ownership of the property passed to you. In that case, the sellers are basically your tenants and if they will not leave the property then you would have to evict them or they can pay you rent - depending on how badly you... View More

First you need to make a complaint with the airlines. Each airline has a process for this. Go to the EVA website and get information on terms of service and filing a claim. Then file your claim. The airlines probably has a limit for claims - they are not just going to fork over $2500. You may... View More

For what? Was there an agreement that the invited person would pay for half the trip? Did they put down any kind of deposit to show this if there was no written agreement? Unless you can show some duty to pay then I don't see that you are entitled to recover anything but then I don't... View More

Your options are: (1) terminate the agreement and keep the earnest money (if allowed) and put the home back on the market; or (2) work with the buyer and their bank if you really think the sale will go through.

Without knowing any of the details about what is going on with buyer's... View More

Is it legal? Its not a crime. Why would your mortgage lender be divulging any of your financial information to a third-party? Mortgage companies are not supposed to do this unless you gave an authorization.

I cannot think of why the sellers's agent would be doing this but I have not... View More

Why would you sue the state of North Carolina? If there is a gas pipeline leak you should be suing the company that controls the pipeline. Suing the government is a tricky proposition - there are extra hurdles to go through. Its not impossible, but you first have to establish that the state... View More

Can you be sued? Yes. Anybody can sue anybody else at any time for anything. Is it likely? Assuming some kind of breach of contract or duty occurred 12 years ago, the answer is probably not. It would depend on why they were suing and when they discovered the harm/injury.

What kind of... View More

It depends on what assets you own and what your sources of income are. I have several ideas for you if you want to email me at rachelforjustice@hotmail.com.

If you stop paying your bills, your debts will be sent to a debt collector and you will eventually be sued and the creditor or junk... View More

You don't depending on how advanced the Alzheimer's is. If someone is diagnosed early and has a lucid day, then perhaps an attorney in your state will draft a poa for the person. The attorney will have to interview the person and make sure that he or she is capable of understanding the... View More

Yes, if your name is on the loan. Did the divorce decree require the ex-husband to refinance solely in his name? If so, you can go after him if you make the payments, but as between you and the car lender, if your name is still on it then you are equally liable for the whole balance.

Most states have laws addressing this situation. The law usually provides that the creditor must mark the judgment as satisfied within 30, 60 or 90 days of the last payment. If the creditor fails to do so, the debtor writes a letter and demands that they do so. The letter should be sent... View More

Do you "have" to pay? No law says that you do. Whether you wish to pay (i.e. a moral duty of some kind) or have a legal duty to pay is a different issue.

The statute of limitations is a tricky thing and you should consult an attorney licensed in your state. Different states and... View More

Yes. No law requires that you be given notice of an intent to sue. Some creditors do that. Most do not.

No, because you discharged the debt in your chapter 7 unless you signed a reaffirmation agreement. Confirm this with your bankruptcy attorney.

The creditor first has to serve you with a notice of rights to have exemptions designated and motion to claim exempt property once a judgment is entered and becomes final. If you get the exemptions, you have 20 days to fill out and file with the court. You can protect up to $30,000 in your home... View More