There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on...Read more »
No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.
If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's...Read more »
If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.
You can write a letter to the Clerk of Court for...Read more »
Agreement with debt collector was made Aug 2016. They put a judgement/lien against my home Nov 2016. Can they legally do that after I was paying and still paying 18 months later? They take it out of my account automatically. I looked on the county clerk website and it states there was an ADR listed... Read more »
The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)...Read more »
A letter for non-judicial judgement. It says, Notice of default and intent to sell. I need to know what my options are if I can’t pay. It says I am not subject to deficiency, but I need to know what actually happens if foreclosure happens. Do I still owe?
Your question is unclear about the status of the foreclosure. If the property has been sold at a foreclosure sale and the lender has purchased the property, the lender can agree to any terms it wishes to accept. On the other hand, if the property is going to be sold at foreclosure sale, the...Read more »
Any government issued document that has a Social Security number on it. Military ID comes to mind. The problem is that it cannot be something you issued or your employer issued such as a W-2. Hope you can find it or try to go to Social Security office in the morning if the hearing is later in...Read more »
I cannot be sure of the correct answer. There are many different possible responses. You may be entitled to a lump sum from your ex-husband's retirement account. If that is correct, you will have to contact the plan administrator yourself as your husband may no longer have an ownership...Read more »
Although there is no prohibition on obtaining a secured credit card, you are putting the cart before the horse. The real problem is that you cannot obtain credit while in a Chapter 13 case without Bankruptcy Court approval. No lender is going to lend you money until you complete the Chapter 13...Read more »
Your Social Security cannot be seized by a creditor to pay a bill. Unfortunately, a creditor may try to seize your money and then you may have to hire an attorney if a creditor does, in fact, seize your money.
You need to contact a local Legal Aid Office near you and schedule an...Read more »
South Carolina has never allowed drive-through alcohol sales and it would take a change in the ABC Regulations to accomplish this. It is not believed that there is a chance such a rule would pass as the Mothers Against Drunk Drivers would come out in force to stop what they believe would encourage...Read more »
I’m financed through ally bank and they are giving me a hard time with making an extra payment just toward my principal. They are tacking in interest for the month again. By law am I able to make just a principal payment without interest? And why is my payout higher than what is left on the car?... Read more »
You must not have paid the interest on the loan from what I can understand of your question. You can go to the company and offer them something for the title and they may be willing to take that amount. The title company does not have to accept any amount.
I’m a dual citizen of the UK & USA. I own no property, no car etc. in the US, all I have is a US bank account. I can’t afford my credit debt anymore, it just continues to grow. Can I file for bankruptcy? What would you recommend?
Since you are living in England, it is very unlikely that your creditors will go to the expense and trouble of bringing an action, obtaining a judgment and then making it a judgment under British Law so that the debt can be collected in the British Courts. I would probably advise you to not go to...Read more »
If you are the heir and now the owner, the bank has to allow you to bring the loan current. You will also be responsible for all reasonable costs and expenses incurred by the lender. Once the sale is held, you will no longer be able to do this. Also, be sure that they amount owed does not make...Read more »
Tenants have certain rights under SC Law. A tenant is supposed to be given notice of the foreclosure proceedings. It is likely that mail was sent to the property address with the name tenant on it. You should contact the Master in Equity for the County that that property is located in who will...Read more »
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