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... View More
Judgment proof? Consumer loan. Aggressive collection agency.
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... View 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... View 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... View 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... View 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... View 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... View 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 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... View More
answered on Sep 28, 2023
If you received a discharge, no. If a creditor contacts you about the debt, just tell them it was discharged in bankruptcy 12 years ago and give it the case number of your bankruptcy case so the creditor can confirm.
License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?
answered on Sep 9, 2023
It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.
So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More
answered on Jul 19, 2023
No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More
Yes I have never stepped foot at any dealership or any abound credit union. Soon to be ex-wife did everything in the dark. Happend in Kentucky but I've been living in Florida for over 2 yrs now
I have one payment left on a chapter 13 bankruptcy. The attorney that filed for me has since retired. How do I go about filing this form on my own.
answered on May 13, 2023
You should be able to hand file it in the district court clerks office where your bankruptcy is pending.
answered on May 8, 2023
Go to pacer.gov and create an account. From there you can see your case and all the details.
And I have never received any notification of missed payments. Am I'm entitled to an itemized statement as to how my money has been distributed?
i was let go about a week before they filled out the papperwork
answered on Apr 28, 2023
Consult an employment lawyer so he can flush out the facts and see if you have a claim against your employer.
However, the defendant was able to discharge the debt in bankruptcy. Can I claim any of this as a loss on my taxes?
answered on Apr 11, 2023
Typically a Defendant is not allowed to discharge a debt that arose from an intentional tort. Speak with a bankruptcy lawyer to review the facts and law of your case to get confirmation.
When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... View More
answered on Mar 23, 2023
No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.
One account is a lease for a photo printer. $800 the printer was damaged in our last hurricane and trashed by accident now client wants to pick up printer or be paid can I be arrested?
answered on Jan 24, 2023
You may be able to get some help from your local bar association or legal aid society. You cannot be arrested for the damaged printer.
On the claimants section out student loan debt is listed with proposed payment amount. Does this mean our student loan debt is part of the bankruptcy? We didn't think it would be.
answered on Dec 20, 2022
Yes, it is. It has to be accounted for because it still has to be paid.
answered on Nov 30, 2022
Yes. Check with your local bar association or legal aid society.
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.