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Questions Answered by David Adams
1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Q: So what are the chances that a online payday loan place would sue someone if the loan wasn't paid back?
David Adams
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David Adams
answered on Feb 7, 2017

Chances are pretty decent that they will sue and then seek to garnish either a bank account or your wages (both of which have previously been provided to them by the borrower) if the loan is not paid back.

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Q: Can a online payday loan place take you to court and seize your income tax return garnish your wages mess with your bank
David Adams
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David Adams
answered on Feb 7, 2017

Very rarely would they go to the trouble to actually try to intercept the tax return - a bit tricky. More likely they will sue you, get a judgment in the court, and then file a garnishment on your bank account or wages. That is the order they would have to proceed - and they could send ongoing... View More

1 Answer | Asked in Bankruptcy for Kansas on
Q: Completed Chp 13 and received discharge of debtor letter from court. If need 401k for unexpected things would I be ok?

I filed a chapter 13 bankruptcy in the western district of Missouri. I have completed my plan and my trustee submitted the completion of plan payments with the court and already stopped wage garnishments. I also have already received my discharge of debtor letter from the federal court. I need to... View More

David Adams
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David Adams
answered on Feb 7, 2017

Once you have your discharge you are good to go as far as getting a 401(k) loan (or other loan for that matter). Wisdom may indicate not taking a loan against your only retirement account, but legally it is allowed.

1 Answer | Asked in Personal Injury for Kansas on
Q: What is a no-fault law? Does Kansas have it?
David Adams
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David Adams
answered on Dec 1, 2016

This usually refers to an insurance company having to pay benefits regardless of who is at fault. It usually comes up when your own car insurance policy is required to pay at least the first $4,500 of your medical expenses, regardless of who is at fault. In Kansas these are referred to as PIP... View More

1 Answer | Asked in Bankruptcy for Kansas on
Q: Q: I loaned a friend a 1000.00 by paying their Atty. on my credit card. She's now filing bankruptcy. Can she claim this?
David Adams
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David Adams
answered on Sep 6, 2016

Unfortunately, she probably can claim the debt in her bankruptcy. You can still file a proof of claim in the case, and if somehow she has some property that the bankruptcy court takes over, you might get some part payment of the debt. I wouldn't hold my breath, but it never hurts to file the... View More

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