My friend and I purchased a home together. We are co-owners. We are both on the title and mortgage. We're not married, but we were together for some time after buying the house. We're no longer friends, and are in the process of selling the house. I filed Ch.7 bankruptcy last year and the... Read more »
I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... Read more »
I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... Read more »
answered on Jan 19, 2023
Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.
I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... Read more »
answered on Jan 18, 2023
No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.
I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... Read more »
answered on Jan 16, 2023
The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.
The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?
answered on Jan 16, 2023
Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.
Won a judgment against defendant. The def had an LLC for their business but never used it in any way. It laid dormant since 2019 until my judgment. The original first year address has been outdated and out of commission. The Arizona Corp Commission has suggested this would be an Invalid LLC address... Read more »
answered on Jan 16, 2023
No. You would need to try to “pierce the corporate veil.” It is doable but difficult and a new default judgment or complaint would not be effective in so doing.
My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... Read more »
answered on Jan 16, 2023
A trustee in bankruptcy "steps into the shoes of the debtor". Consequently, a bankruptcy trustee is entitled to pursue and collect/liquidate any obligations to the debtor.
That's in a Chapter 7 case, where a trustee is automatically appointed.
In a Ch. 11, the debtor... Read more »
I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... Read more »
answered on Jan 11, 2023
Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.
A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... Read more »
answered on Jan 9, 2023
Yes. Those are fraudulent transfers by the debtor that can be set aside.
I cannot get a job because of my previous drug and theft records. MVD stops me from registering my car and DES is seeking payback of unemployment. Stuck between rock and hard place. I have been clean for approximately 3 years but does't seem to matter. I really need help with possibly getting... Read more »
answered on Jan 5, 2023
Check with your local bar association or legal aid society. They maintain lists of pro Bono and reduced fee attorneys who can help you.
I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... Read more »
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
My ex committed identity theft in my name, he opened multiple credit cards under my name and charged them to the max. Then he opened multiple phone accounts under my name. Then put a no contact restraining order out on me. I have creditors calling me and telling me I'm responsible for the... Read more »
answered on Jan 2, 2023
I am so sorry to hear about your situation. There are two issues: 1) a criminal act of forging someone's signature. 2) your liability (if any) to the creditors. For the first file a police report for identify theft. Contact the Attorney General's office for instructions on your rights... Read more »
I won a judgment on a debtor and she completely zeroed out her bank account. This was made known when I attempted a Writ of Garnishment on her bank account that recently failed. She uses a Cashapp for her business. Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... Read more »
My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.
We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... Read more »
answered on Nov 2, 2022
Appoint a successor trustee and let them handle the transactions for you.
A utility company says my spouse account is dischargeable bc I put his name but I listed that creditor twice bc I didn't have my account #
answered on Sep 2, 2022
The reason why the Bankruptcy Code requires you to provide a list of claims and creditors' names and addresses is so that all your creditors can be notified of the filing of your bankruptcy case and file a proof of claim, and to receive any distribution that might be available. But the... Read more »
I am claiming extreme financial hardship and have a date set for the hearing.
I am aware of the judgement that was filed. I am planning to file Ch7 bankruptcy, however, I would like to stop the garnishment as quickly as possible. I will not be able to afford my rent next month. Is there anything I can do?
answered on Jan 18, 2022
The most effective and efficient way to stop all that stuff is to file for Chapter 7 or 13 bankruptcy--but don't do it on your own. You need a bankruptcy lawyer to guide you through the pitfalls of the process.
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