01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.
01/2009 I moved to Florida and three years later they registered the judgment in Florida.
09/2000 They garnished a checking account.
No communication from them between... Read more »
answered on May 26, 2023
Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »
answered on May 7, 2023
It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.
In addition, it is common for debtor's counsel to alert... Read more »
My attorney’s paralegal told me that I do not qualify for Chapter 7, but I’m in dire financial straits. Worse than when I filed, and need to do the conversion. She told me that the Trustee will more than likely dismiss the case.
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answered on Apr 17, 2023
A debtor may convert a chapter 13 case to a chapter 7 liquidation case, at any time. The right to convert to chapter 7 is unqualified and may not be waived. However, a case cannot be converted to a chapter for which a debtor is ineligible. Therefore, a debtor converting from chapter 13 to chapter 7... Read more »
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... Read more »
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... Read more »
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... Read more »
answered on Mar 28, 2023
There are several issues to address here: 1) Even though your mother filed bankruptcy, the house may still be subject to the mortgage unless the balance of the loan has been paid in full. While a bankruptcy discharges the financial obligation to pay a mortgage, it does not remove the mortgage from... Read more »
UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »
answered on Mar 17, 2023
I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... Read more »
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
answered on Mar 1, 2023
There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... Read more »
I'm filing for bankruptcy due to excessive credit card. Does it makes better sense to file here in Florida where I'm currently staying to help an elderly relative or my primary state of residency, North Carolina. Specifically, which state offers better asset protection for personal... Read more »
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answered on Feb 23, 2023
The bankruptcy laws in Florida and North Carolina both provide certain exemptions for personal property, including vehicles, which can protect them from being sold to pay off creditors. However, the specific rules and exemptions may vary depending on the state.
In Florida, personal vehicles... Read more »
Judgment proof? Consumer loan. Aggressive collection agency.
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answered on Mar 4, 2023
It depends on the laws in your state and the specific circumstances of your case. In Florida, certain types of income, including Social Security Disability (SSDI), are exempt from garnishment. This means that a judgment creditor cannot levy your bank account if it contains only exempt funds, such... Read more »
Judgment proof? Consumer loan. Aggressive collection agency.
answered on Feb 18, 2023
I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.
First, the creditor needs to know, or guess correctly, about the identity of your... Read more »
answered on Feb 7, 2023
This is unnecessary. Federal court documents are filed electronically via the federal court’s ECF system. Once the documents are prepared on a computer and electronically signed, you should file them electronically and keep a copy for your use.
If you want to retain a hard copy for your... Read more »
All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... Read more »
answered on Jan 5, 2023
It is likely not exempt, although depending on the value, you may be able to protect it with your FLorida or federal exemptions. Consult an experienced bankruptcy lawyer to review your entire financial situation.
All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my... Read more »
answered on Jan 5, 2023
For as long as I've been practicing, Florida has been known as a debtor's haven, one of the most generous, along with Texas, to those who owe money to others.
While you don't mention the form of your expected bankruptcy case, the definition of what's includable in your... Read more »
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
answered on Dec 13, 2022
To add to Ms. Kim's answer, though a creditor cannot take or force a sale of your homestead residence, the judgment lien would potentially be a problem if you sell your home in the future. You say you are unable to pay, which I assume means you cannot afford to pay. You therefore may be... Read more »
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
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answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... Read more »
and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?
answered on Aug 25, 2022
No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.
answered on Jul 5, 2022
It depends on what type of bankruptcy you filed and why it was dismissed. A chapter 7 does not protect the property from sale and only keeps the bank from holding you personally liable. I am guessing, and that's a big guess since you did not post sufficient facts, that you filed a Chapter 13... Read more »
The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »
answered on Jun 22, 2022
As Barbara queries, it depends on which of the types of obligation it was at the time of the discharge.
By the way, did she have a lawyer for her bankruptcy? If so, make an appointment and go back for advice.
If it is subject to the discharge the lawyer can file for contempt and... Read more »
The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »
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answered on Jun 22, 2022
That debt was discharged only if the original company was listed as a creditor in bankruptcy.
You can contact the bankruptcy court and get a copy of the list of creditors to confirm, then bring the bankruptcy info. and the list of creditors to court.
The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »
answered on Jun 22, 2022
Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »
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