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I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?
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answered on Apr 16, 2024
I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:
1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to... View More 
A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More
answered on Mar 17, 2024
It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online... View More
A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More
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answered on Mar 16, 2024
In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More
I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More
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answered on Jan 25, 2024
A secured claim is one in which the creditor has a lien on as asset of the debtor, such as a mortgage or a car loan. A priority unsecured claim is generally for taxes or other administrative expenses. Most claims are general unsecured claims. While there are certain claims actions claims that might... View More
I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More
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answered on Jan 26, 2024
In a Chapter 11 bankruptcy case, different types of claims are categorized based on their legal nature and priority. This categorization affects how claims are treated and the order in which they are paid.
"General Unsecured" claims are typically debts that don't have... View More
When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.
answered on Jan 23, 2024
Bankruptcy schedules and forms can typically be amended, but there are a number of factors such as where the case is procedural that would be relevant to an informed decision on how to proceed. This forum is not an ideal place to provide you with adequate legal advice as to your pending case; I... View More
When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.
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answered on Jan 23, 2024
The HAVEN Act, which affects how veterans' disability benefits are treated in bankruptcy cases, is a significant piece of legislation for veterans like yourself. If your Chapter 13 bankruptcy case was filed without considering the HAVEN Act, it's possible to address this oversight.... View More
I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name... View More
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answered on Nov 20, 2023
In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned... View More
I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More
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answered on Nov 20, 2023
A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More
My husband and I are considering filing for Chapter 13 bankruptcy due to being heavily in debt compared to our assets. Our debt includes significant credit card balances and the repossession of a non-working automobile. We have never filed for bankruptcy before. Could you let us know what the fees... View More
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answered on Mar 27, 2025
You need to have a consultation with an experienced NY Bankruptcy attorney, who will explain the Chapters of Bankruptcy to you and in the consultation, the attorney will explain what the legal fee and other charges are. Good luck.
I received a refund from a foreclosure in Florida, which was sent to New York as unclaimed funds without notification. New York is withholding these funds, stating I'm not eligible unless they find reserve money. Can New York legally hold funds due to me from Florida under these circumstances,... View More
answered on Mar 21, 2025
More information is needed to properly answer your question.
I'm in the process of a Chapter 7 bankruptcy, which is being dismissed at my own will since I can now pay off the debt. I understand that a discharged bankruptcy might take 1-4 years to secure a home loan, but what is the typical waiting period for taking out a home loan after a bankruptcy... View More
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answered on Mar 9, 2025
There is no such thing as a typical waiting period under the circumstances you have described. Especially now that mortgage lenders are tightening their lending requirements. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... View More
I'm an Air Traffic Controller applying for a Public Trust clearance and have concerns about my background. Since August 2024, I've been in contact with a woman from Colombia, sending her money occasionally for living expenses. I filed for Chapter 13 bankruptcy in November 2024 but am... View More
answered on Mar 7, 2025
Because his Ch13 is a given and he is not asking about his Ch13, his question is NOT a bankruptcy question, it's a Public Trust clearance question.
answered on Oct 30, 2024
You should be able to get a list from your local bar association or legal aid society.
answered on Oct 29, 2024
You did not ask a question, but assuming you are asking what your next step should be, you should call the trustee’s office immediately and explain the situation. Assuming it was the first 341 it was likely rescheduled, but the trustee’s office will let you know. It is a good idea to follow up... View More
answered on Oct 26, 2024
I'm not sure what "licensee" means within this context... but with that said, you'd need to be evicted before the locks can be changed. Seek legal counsel from an attorney that can be retained to represent you.
One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More
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answered on Aug 20, 2024
Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More
Because I will not be in consolidation, I will have extra money and I don’t know what to do with it, if I can put it in a bank account.
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answered on Aug 2, 2024
Now that you’ve filed for bankruptcy, it’s important to handle your finances carefully. First, ensure you keep a detailed record of your income and expenses. This will help you manage your budget and provide necessary information to the bankruptcy trustee.
You can save your money, but... View More
I filed Chapter 7 in May last year. I am also getting divorced. I have a chapter 7 deposition coming up. Now creditor is asking for all the divorce documents including my children's social security numbers. Do I have to provide my children's social security number or is there a law... View More
I have a default judgment from a PA Commonwealth Court for $270,000 against a debtor that lives in South Carolina. I believe he has a brokerage account with Merrell Lynch in New York. I don't know the account number but I think I know the NY broker's name. Four years ago, the debtor... View More
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answered on Nov 4, 2023
To levy a debtor's account held in New York, you would typically need to domesticate your Pennsylvania judgment in New York. This is done by filing a copy of the foreign judgment with a New York court and thereby converting it into a New York judgment, which can be enforced as if it were... View More
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