W. J. Winterstein Jr.'s answer If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.
Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections to that execution, claiming the exemption, with the Sheriff to whom the writ of execution issued. Don't delay in the filing of objections, as I believe you have only ten days to do so.
Peter N. Munsing's answer if you don't want to consult a lawyer, then assuming the time for them to appeal has run, go for a writ of execution with a wage loss attachment if they are working--that way you get the money, not an item that then has to be sold. The Sheriff's office for the county should help you.
Cary B. Hall's answer First, he must first be officially served with the lawsuit. If this "service of process" is not satisfactorily obtained, then NOTHING happens: the court cannot enter a judgment against him without proper notice of the lawsuit. Some folks successfully dodge adverse judgments by ducking service of the lawsuit from the beginning.
Timothy Denison's answer The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.
Cary B. Hall's answer You should contact the court to inquire. It could very well be that Portfolio Recovery has already informed the court of the agreement, but maybe not. You can also ask Portfolio Recovery to cancel the court proceedings -- something things slip through the cracks. But short of the court telling you that the conciliation is canceled, you should definitely attend. In fact, if you attend and Portfolio Recovery doesn't, they'll likely dismiss the suit against you outright.
Cary B. Hall's answer The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?
Cary B. Hall's answer Pretty impossible to answer your question without more context about your situation. I'll presume, however, that you've been sued by a credit card company for a bad debt, and the credit card company has scheduled your deposition in a civil case against you.
No, you don't have to appear -- but if you don't, there will be consequences you might want to avoid. If you don't appear, the attorney for the credit card company can file a motion with the court asking the court to order your...
Cary B. Hall's answer Yes, a case that you owe her money, but not really that you're overdue on payments. Still, I can see a magisterial district judge asking about what the verbal arrangement was, and entering a judgment anyway on the full amount due. The lower court won't craft a new contract for you with distinct payment terms, unfortunately for you; it'll just enter a judgment in a numerical amount. Best advice is to try to work it out with her, and get *those* terms in writing.
Cary B. Hall's answer I suppose it depends on what the delivery terms were, right? Unless UPS Freight has some sort of documentation that says *you* are responsible for the shipping costs, then they can't very well assert a valid claim. Tell them that.
It depends how the equipment was titled. Are they in his name alone? If so, you are not responsible for the debt -- but the equipment company can almost surely come repossession the equipment for nonpayment of the debt, so consider that consequence for nonpayment. If the debt was established in both of your names, then yes, you would still be individually responsible for the debts following your husband's death.
Cary B. Hall's answer Call the Prothonotary of your county's Court of Common Pleas and ask them where the case is procedurally. Every county does it a little bit differently, so go straight to the source and find out.
Peter N. Munsing's answer Your wife is obligated to the holder in due course of the note. You want to make sure you keep a log with date, time, identity of the person you speak with, and generally conduct things via snail mail. Yes hard copy and stamps. You save a copy of everything you get.
You get something from them, you save the envelope.
You send it you make a copy.
1. Whoever asks you for money--and you may run into "debt servicers " like AES or National Collegiate Trust--very often has...
Peter N. Munsing's answer If you didn't authorize the tow, they can't keep your property. File a complaint with the Department of Transportation and notify whoever hired them that if they don't return your possessions you will file a complaint with the attorney generals office.
Cary B. Hall's answer It really shouldn't be. Property owned by a husband and wife is a special kind of ownership in Pennsylvania known as a tenancy-by-the-entireties. This includes money held in a joint checking account in the names of both husband and wife. A creditor of just one spouse cannot seize property owned by both spouses held in tenancies-by-the entireties. So the answer is no -- that joint checking account shouldn't be frozen. And if it is, you would have this defense to release any attachment of...
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