Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks
There is no specific exemption for a health savings account under Federal or State law. North Carolina residents must use the $5,000.00 "wild card" exemption to cover HSA balances - assuming that the "wild card" is available. If a debtor uses up their $35,000.00 residential...Read more »
On final day they assaulted us verbally and threatened myself, due to repeated material delays and damaged product and illness late winter. We called 911 and 2 Deputies arrived. We removed tools/equipment from that job, leaving only couple last items on job for homeowner to install themselves. Our... Read more »
If you received a criminal summons, hire a criminal defense attorney ASAP. Your business lawyer should be able to refer you to one in your area. Its a he said she said situation, and if this person who never shows up doesn't show up at the hearing, the criminal attorney should be able to get...Read more »
I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... Read more »
You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.
Assuming that the landlord reports a debt of $35 plus late fee...Read more »
The file from orig creditor has the account# in the complaint & an alternate account#. There are statements attached for each account. Can I be sued for both accounts if only one is named in the complaint? There is no evidence on how the other account# came about and the credit card agreement... Read more »
You can be sued for anything - the question is, how much do you really owe? An attorney definitely needs to review your paperwork. The difference in account numbers and incorrect credit card agreement may give you legal defenses. It is the creditor's burden to prove that you owe a certain...Read more »
The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to...Read more »
I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »
My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.
The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if...Read more »
The debt was incurred while we were married but before adding her name to the house. The debt is a credit card. I plan on settling with them but in the meantime I don't want our house to be in jeopardy.
If the house is titled in both husband and wife names as "tenants by the entirety" or "as husband and wife", a judgment for money owed is not a lien on the property so long as the non debtor spouse is alive. Without seeing the deed itself, this is just general legal advice. If...Read more »
There is no official NC Courts/Administrative Office of the Courts "form" for this application. Check with the Clerk of Court, some clerks will give you the form over the counter. Otherwise, you will need to get it from Legal Aid or a local attorney. Reaching out to a local attorney is...Read more »
A person has been waiting for surgery for nine months. For one month he was unaware that his fractured hip surgery had become undone. He saw a trauma surgeon at a tertiary and he was advised of this separation and was referred to adult reconstructive surgery, he has to wait three months to see a... Read more »
Rule 4j requires the summons and complaint be served either directly to the person or left with somone of suitable age and discretion at his "dwelling place or usual place of abode". Due to the person's length of time staying at the nursing facility, I think this would be proper...Read more »
This is most likely a scam, because wage garnishment for debt is not allowed in either North Carolina or South Carolina. The collector threatened to do something it has no legal ability to do in an attempt to get you to pay. Google "payday loan collection scam" and see how common this...Read more »
Unfortunately, yes. At the time this bill was issued there was no requirement that a creditor warn you before sending an account to collections, even if they accepted what you could afford to pay for months. No creditor has any legal obligation to accept partial payments and they always have the...Read more »
A civil judgment was placed against me on September 6, 2011. I have not made payments on that judgment and still owe the money. Last week I received a civil summons regarding that judgment. I am assuming since it has been 10 years that they are “renewing” that judgment. If I do not respond... Read more »
Yes, you are absolutely correct. You should contact an experienced collection defense and consumer bankruptcy attorney for specific advice. Bankrupty may be the best option - or not. You need to understand all of your options, and a bankruptcy attorney will explain the pros and cons of all options.
I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered... Read more »
You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of...Read more »
I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »
What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying...Read more »
While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »
Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount...Read more »
You have to either admit or deny each paragraph of the Complaint. You also need to plead any affirmative defenses that you may have. If you are being sued for a debt, I suggest you speak to an attorney experienced in those matters for specific advice. You may have legal defenses that you are not...Read more »
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