Get free answers to your legal questions from lawyers in your area.

answered on Feb 14, 2014
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.
Papers saying my wife did not sign on previous refinance paperwork on the deed of trust i am the only one on loan what do we do now the paperwork is coming from courts my wife has always been on deed but not on the loan

answered on Feb 14, 2014
A: You should defend the foreclosure, rising that the matter was modified. I would suggest you find an attorney.

answered on Feb 14, 2014
A: The Discharging of Student Loans is extremely rare. As with any debt that involves a co-debtor, the co-debtor owes just like the original debtor. There is no special class because you are a co-signer, you can be sued just the same, and even before the other party. Generally, the Creditors go... View More

answered on Feb 14, 2014
A: There are lots of reasons, the simplest is that it was given to him for some reason that you have not been advised, or that it was gifted/purchased from someone else.

answered on Feb 14, 2014
A: The counting of time for the Statute of Limitations (SOL) goes from the last payment, not when the debt was incurred. If the SOL has expired (tolled) from your last payment, you should tell the collector to take a walk. SOL is not an absolute bar to suit. If they sue you, you should raise SOL... View More

answered on Feb 14, 2014
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

answered on Feb 14, 2014
A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

answered on Feb 14, 2014
A: Income Taxes are not dischargeable. Property taxes can be discharged, but the taxes still attach to the property and the Collector can proceed In Rem (against the taxed item).

answered on Feb 14, 2014
A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

answered on Feb 14, 2014
A: Medical Providers are not permitted to hold medical records random. They can sue you and do lots of other stuff, including charging you a very high copy fee, which funny enough is the same amount you owe them.
Is my business partner cover under the bankruptcy stay in Tennessee?

answered on Feb 14, 2014
A: Your personal Bky, the Stay and resulting Discharge only extends to you personally.

answered on Feb 14, 2014
A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2002, you must wait until January 02, 2009.

answered on Feb 14, 2014
A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... View More

answered on Feb 14, 2014
A: Yes a noncitizen who is legally in the country can file a bankruptcy; however, exemption issues may have to be addressed, along with possible consequences if the Debtor is considering becoming a citizen.

answered on Feb 14, 2014
A: If you are current and within the available exemptions, you should be able to keep.

answered on Feb 14, 2014
A: A chapter 7 discharges your debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI. So yes, you can be charged interest.
I have not received a letter from the court in TN or a letter from the collection agency. My wages were just garnished. It does not seem fair.

answered on Feb 14, 2014
A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... View More
Collection agency called me and said if i did not have paid in 4 days they would issue a crimal warrant for me on a worthless check charge, this is a debt from 1 and half years ago and the bank acct has been closed. i am about to file chapter 7 bankruptcy, but can they legally get a crimal warrant... View More

answered on Feb 14, 2014
A: They cannot seek criminal charges on the original advance, but they can on the bounced check. In some states, in addition to the criminal charges they can seek civil remedies (sue you) for three times the amount.

answered on Feb 14, 2014
A: If you are in arrears, you can cure the situation with a Chapter 13 if you are a candidate. To make the mortgage(s) more affordable you can possible do a combination of lien stripping, a cram down and or a modification either via or apart from the court. Not all jurisdictions do court... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.