I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023
In California, if you choose a voluntary repossession, the lender can sell the car, often at an auction. If the sale price doesn't cover the amount you owe, you'll still be responsible for the deficiency, which in your case might increase given the $15,000 negative equity. Lenders can... View More 
I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023
The only way to avoid a deficiency judgement (the difference between what you owe and what the lender sells the car for) is to file bankruptcy. A chapter 7 will discharge all of your unsecured debt, including the deficiency on the car and your credit card debt). If you're not eligible for a... View More
She said his actual residence address was listed in her authorization user process and not at my condo. I'm worried this will be a wrench in process that's waiting for a ruling. I'm in California by the way
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023
Under California law, adding an authorized user to a credit card does not automatically link the primary account holder's address to the authorized user's credit history or vice versa. The credit card issuer generally asks for the authorized user's address for mailing purposes, but... View More
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More
answered on Oct 4, 2023
Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
In California, if you default on your credit card debt, there are several potential consequences. Firstly, the credit card company may initiate collections actions against you, which could include incessant calls and letters. If the debt remains unpaid, the creditor might decide to file a lawsuit... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
You might try the Legal Aid Society of San Diego, "https://www.lassd.org." That said, you should probably consult a couple local attorneys first. Most offer a free consultation and most will work out some sort of payment plan. Chances are that if you can't afford an attorney, you... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
As a low-income senior in San Diego, CA, you can seek assistance from organizations like Legal Aid Society or the San Diego County Bar Association's Modest Means Program. These resources may provide legal aid or refer you to pro bono bankruptcy attorneys who can help you with your Chapter 7... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
I have heard this story many times. There is no such thing as "second mortgage included in bankruptcy." For starters, the 2nd mortgage is secured, which means if you filed a chapter 7, you may have discharged your personal liability, but the mortgage survives the bankruptcy and is... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
Your question isn't possible to answer in this forum without a lot more information. Your best action plan is to sit down with an experienced attorney right away to go over everything. Sometimes, depending on which bankruptcy ( 7 or 13) you filed, second mortgages do not go away. You need to... View More
I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).
I'm disabled and reley on my car for everything! Every/many reasons!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
If you're struggling to make car payments due to your disability and rely on the car for essential needs, you might explore options such as negotiating with your lender for modified payment terms, refinancing the car loan, or seeking financial assistance programs. California law doesn't... View More
I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).
I'm disabled and reley on my car for everything! Every/many reasons!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
You can file bankruptcy and possibley keep the car, but you'll still have to pay for it. If you have other debts, filing a Chapter 7 bankruptcy may allow you to wipe them out, freeing more resources to make your car payment. Also, in a Chapter 7, you may be able to "redeem" your... View More
My income is only SSDI, with critical pay is about $1,238.
My current rent is $775,plus about $300 back rent.
I have car payments of about 335, and about $400 storage back rent. Storage is normally $165.
I'm located in South Gate, CA.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2023
Based on the information provided, it appears that Chapter 7 bankruptcy may be an option to consider given your financial situation. SSDI income is typically exempt from the bankruptcy means test in California, so that shouldn't be an obstacle. Consultation with an experienced bankruptcy... View More
I filed for bankruptcy and it got dismissed but it’s still open since then I sent a letter to the judge asking to reopen it and I woke up and seen that my car loan people have since added the bankruptcy to my credit with 0 balance.Does that mean my bankruptcy is back in affect
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023
I see how this situation can be confusing and distressing. The fact that your car loan shows a zero balance and reflects the bankruptcy filing on your credit report doesn't necessarily mean that your bankruptcy is back in effect. It's more likely a reporting reflection of the original... View More
I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2023
You can try negotiating with the accelerator and the debt collector to reach a settlement or payment plan for the outstanding amount. If possible, explain your situation and offer to pay a reduced amount in a lump sum or through installments to avoid going to court. Keep all communication in... View More
I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2023
The amount at issue is not large enough to warrant filing bankruptcy. And it is probably not large enough for the creditor to bother suing you. If you are unable to reach a settlement, then it will likely be turned over to a collection agency. It will be a negative on your credit report so if that... View More
I don't drive so driving to Fresno is not good. What documents do you need? And how long will this take? Can a person drive to my area?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023
As a Californian attorney, I understand your situation and concerns. To get pro bono bankruptcy help, you can start by contacting local legal aid organizations or nonprofit agencies that offer free legal services to senior citizens. They can assist you in determining your eligibility and guide you... View More
I don't drive so driving to Fresno is not good. What documents do you need? And how long will this take? Can a person drive to my area?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023
Start with your local Bankruptcy Court website. Most courts have free bankruptcy court clinics and you can call them for help. The website is uscourts.gov. Key in your zip code so you'll get info from the nearest court (Eastern District of California). There is a lot of info on the website... View More
I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."
To provide context, I subscribed to their service... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023
If you have an outstanding debt resulting from a subscription service you forgot to cancel, the service provider may take legal action against you if the debt remains unpaid. The consequences of not making the payment may include being subject to legal dunning proceedings, which could lead to... View More
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
