After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to...Read more »
The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of...Read more »
Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?
A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank...Read more »
This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... Read more »
Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.
I got a phone call from someone who bought an old debt who says I closed a bank acct with an overdraft. They claim this was from an acct from 2008 but has been on my credit report so I should have taken care of it. They are saying it was from Wells Fargo in Mississippi. Wells Fargo wasn't... Read more »
I have a freelance client that agrees that she owes me $220. I wrote a set of articles for my client. They were supposed to be paid for within 30 days of submission date (Jan). After I wrote the articles she stopped answering my emails. I kept emailing her in December to get the best email address... Read more »
The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”
A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your...Read more »
If the collections account is past the statute of limitations, it's non collectible. Next time they call tell them that pursuant to the Fair Debt Collections Practices Act, they cannot continue to contact you. This is the buzz word.....you say that and POOF!! They will stop calling...Read more »
My father has accumulated tons of debt over the past 2 years due to poor financial decisions, my mother owns property which is in her name only, she's terrified that she will lose it if my fathers debt collectors decide that they want their money, is it possible for her to lose it?
I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... Read more »
I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.
Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land....Read more »
I have a money judgment against my ex daughter-in-law. She told my son that she will nullify the writ of garnishment because I, as the creditor, did not send her proper notification. I have not contacted her because she takes it out on my son by reducing the time he has with my grandson. It is... Read more »
No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied...Read more »
It's solely in my ex wife's name but I am ordered to pay mortgage. I am on disability and can't afford to pay the martial home mortgage and my current mortgage. Can I file bankruptcy on a order? This order puts me over budget per month around 1000$.
This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would...Read more »
Your social security benefits can't be garnished for a commercial debt. They can be garnished for student loans, alimony and child support. Your retirement -- that is not social security -- can be garnished.
Lets start from the beginning. My best friend was driving a motorcycle that was in my name. A guy ran a red light while he was turning and the bike was totaled. Now the towing company that fetched the wrecked bike is now informing me that they will charge me roughly 1000 dollars in cash in order to... Read more »
Towing is a racket. Find out what they are charging you for. See if your motorcycle insurance will pay it. Send the bill to the guy who ran the red's insurance. They don't pay, contact a member of the Ala Assn for Justice--they give free consults. Look for one who handles "bad faith...Read more »
Did you or did you not?Ask for the paperwork. You'd remember if you went to the office of those people. There are now regulations on that so check with the consumer division of the banking department. Your chances in court depend on what the paperwork shows, or doesn't, what rate of...Read more »
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