they repoed it. is it legal for them to tresspasse on my property and tow my car from in my garage
The first action you should take is call the police and explain in detail what happened, that is make a report. The police agency will decided if the action by the repo company was criminal
I filed a chapter 7 in 2/2019. It was discharged in 5/2019. During, I tried to reaffirm my auto loan ($48,000) so I could keep my car. Once the bankruptcy was discharged the guy at the bank stops negotiating. He then tells me he can't process the reaffirmation agreement anymore and to fill out... Read more »
A Chapter 7 Discharge does not discharge a secured debt, up to the fair market value of the collateral. In other words, your bank has a lien on your car to the extent, and in the amount of, its fair market value.
But if the loan balance is greater than the car's value, so that there... Read more »
More specifically the disposition of the claimants involved and possible settlement information.
Pacer.gov
without my consent and the collection agencies are coming after me.is this a small claims court? is this a divorce issue?? is this a fraudalaunt? is this criminal? please help
It may be a criminal matter if credit cards were really opened without your knowledge/consent. You can report this to the local police. If this was done by your spouse, you can also deal with it in the divorce. You should get a lawyer to help you with this.
It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.
Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.
Have you considered BK to eliminate the debt?
I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?
Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the... Read more »
I work at this bank and my position as been threatened if I don't pay this loan, which I cannot afford. I can hardly look the president in the eye anymore. Up until my husband passed, I've been held in high esteem by the president and the board. The bank was poorly underwritten and had... Read more »
Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.
As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money,... Read more »
The attorney only asked for $5,000 in attorney's fees in court, and court ordered that I pay attorney's fees under C.R.S 13-17-102 when I have been prose and with harsh assumptions with no facts and disregard to my pleadings to include evidence. I am on disability from work and have no... Read more »
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The... Read more »
My husband did not have insurance and spent the night in the hospital. Now they are trying to garnish my wages.
The rules for determining which spouse is responsible for what debts incurred during the marriage vary between states and largely depend on the type of debt incurred. CO is a separate property state (not a community property state) which means that you are not legally responsible for your... Read more »
Car and as payment for 4 months he lived with her. (Long story short, he's a drug and alcohol addict and she took him in during his latest relapse). He verbally told me over the phone that he "gave" it to her and told her the same. Her housemates were there and also heard it referred... Read more »
She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.
Now that she is older is there anyway I can be taken off of these loans because I have my own school loans that I'm paying back?
Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.
If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit... Read more »
We payed her startup fee and 1800 for her inventory and we are having her move out and are almost positive we will not be payed back and would like to take the product so that it can be returned to gert our money back.
Absent a written agreement there is no definite course of action for either party. A lot turns on the specifics of the situation. For this you will need to pay a lawyer for their opinion.
He is a personal injury attorney who is contacting me about a friend I supposedly owe money to. He even sent me a text asking for my address. I doubt he has a fee agreement with the other party but it feels like harassment at this point. I'm not trying to sue him but can I make a complaint to... Read more »
Yes.
My name is on the lease agreement, however I am not the co-signer. My credit is in good standing, but I have heard that a default on rent payments is very negative towards credit score. Is this true, or will my credit score be unaffected since the co-signer is obligated to pay the remaining rent... Read more »
Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly... Read more »
There is a defect in service, however you clearly were notified despite the incorrect personal service. As a result, there is no definitive answer. A lot will depend on the judge and the actions of the two parties.
The company shipped to me freight delivery that I never have bought from them. After long dialog with different departments of this company I received promises from Claims Department to resolve this problem and they are working on it. They are ordered pickup of their merchandise. But they did not... Read more »
You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an... Read more »
Get the other half removed from my name?
Review the documents that created the account. For most roommate situations, all parties listed on the lease agreement are jointly and separately liable for all the required payment(s). In other words, you may be required to pay the full 100% of the deficiency to the landlord. If this occurs, you... Read more »
I delivered a package for a gentleman I just started working with. We didn't have a contract, but I have many text messages documenting the time worked, receipts, and him saying he will pay me a specific amount.
Yes you can. Contacts can be formed via oral agreements, text messages, performance (action), and written agreement. Be aware that you have to prove that an agreement was formed. Based on your facts the text messages should prove this, but also collect any receipts or other evidence that you... Read more »
The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit... Read 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.
