Anthony Marvin Avery's answer Probably they can, especially if you agreed to it by signing the Note and the Deed of Trust. If they gave you some specific reason why they did not want your business, then it might be something to report to HUD, but I doubt there is any merit. Also you are talking about going after the Lender that you just gave a Deed of Trust to, who might just decide to foreclose.
Timothy Denison's answer The automatic stay does not operate to stay criminal prosecutions for criminal acts. While the stay would prevent the creditor with the worthless check from proceeding against you civilly, it does not stay criminal action for the crime of writing the worthless check. The worthless check debt most likely will not be discharged in bankruptcy although your lawyer properly included it in your bankruptcy. Hire a criminal defense attorney to resolve the bad check case. It likely can be dismissed...
Bennett James Wills' answer Debt collection agencies are not allowed to use harassing tactics to collect a defaulted debt pursuant to the Fair Debt Collection Practices Act. Consult local counsel to determine if you have any options.
Mr. James Charles Wright's answer You are right as to the fee and 2% interest per month...24% per annum. In 93 days the amount on 250 would not be 600. You should contact the local attorney general and advise them of what you believe is an unlawful practice.
45-6-210. Rate of interest Other charges permitted.
In connection with and for a pawn or pawn transaction, no pawnbroker shall demand and receive a rate of interest greater than two percent (2%) per month of the amount of the loan advance under the pawn...
Leonard Robert Grefseng's answer If the account was created after you got married, there is a high probability it will be considered "marital property" under Tennessee law. You need to obtain and retain the closing documents from the sale of your prior to show that you contributed to the account. You wife may try to testify that you were making a "gift" to her of these funds, but that seems unlikely since she permitted you joint access for some time period. The term "marital property" has a legal definition, and it is not...
Leonard Robert Grefseng's answer If a judgment has been ordered, issuing a levy on a bank account is one of the methods of collection. However, you say you are paying the current support and a monthly payment on the arrearage, and if so, its seems unlikely that they will go further. They are getting the money and a little extra. However, if you have a large balance in the account, ( and they know about it) it could be seized in a levy.
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