I read on here that a joint acct can be garnished een is both owners of the account aren't both on the debt. THis is the opposite of what I was told by two other financial institutions in the Kansas City area. Can you clarify?
If only one person owes the debt and is on an account with another person, then the joint account can be garnished too. Only certain accounts like Social Security income, retirement benefits, etc cannot be garnished.
while in bankruptcy my spouse had a slipand fall case suit on going. the trustee settle the case without her consent and disburse the money has he sees fit. Can we the trustee be sued
Collection agency put a hold on a our joint checking, individual checking & a savings account-this was for a credit card debt of 4,022.00. The 3 accounts combined had over 5,000.00 total in them-we are awaiting word on a final modification from our mortgage company and then we planned to file bankruptcy. We were advised by the morgage company that they cannot modify our mortgage while we have an active bankruptcy case which is why we are waiting. Also, the collection agency never served my wife or myself or sent us anything about this. Is there any way to quickly get this hold removed or what i assume is a judgement voided? We are prepared to file the bankruptcy immediately but i want to make sure that will do it-i don't want to screw up our final modification approval by doing so. Our bankruptcy lawyer won't be back until Monday 4/26-we have 6 kids to feed-please let me know ASAP
Collection agency can garnish your account through a judgment. However, if you aren't served with any judgment notice, you can file a motion to vacate the judgment and subsequently overturn the garnishment order. Get hold of the form "Notice of Motion to Vacate Judgment". Mention in it that you weren't served with the court papers of the judgment.
Thank you for the info Aaron-I found out that as of June 1st 2010, mortgage banks are not allowed to change a pending modification if the parties involved file for bankruptcy-problem is, they put the hold on my account on 4/23 and my bankruptcy attorney advised me that after 30 days, they will take the money and i will have no recourse to get my money back unless i file the bankruptcy within the 30 days. Prior to June 1st, it is up to the bank to decide whether or not to cancel the pending modification if we file. So now i"m stuck-if i wait until June 1 to file, I may lose the money they have on hold and if i file before that, the bank could cancel the modification. My attorney says if i file the motion to vacate judgement, it wouldn't be heard until sometime in late June or July based on the court schedule-so i'm stuck and not sure what to do.
Aaron- There was not an amount decided upon as I could not get a call back when I called them. When I finally did get called back they wanted $200 a month I told them I can't afford to pay that.
You need to make a copy of your monthly income and expenditure. Write a hardship letter to the colelction agency, and attach a copy of your monthly income and expenditure. Request them for a repayment plan.
You will get a sample hardship letter with this company. Send the letter through certified mail, requesting a return receipt.
HOW LONG DOES IT TAKE TO REPAIR YOUR CREDIT AFTER A BANKRUPTCY? i HAVE HEARD ANYWHERE FROM 3 YEARS TO 7 YEARS. tHAT'S A PRETTY BIG SPREAD. aNYONE OUT THERE EDUCATED ABOUT THIS?
There is no such time limit within which you can improve your credit. If one person can improve his credit in 2 years time, another person in the same situation might take more than 2 years to improve his credit.
However, you can start repairing your credit soon after the discharge of the bankruptcy. You can try taking a secured credit card, or a store card to improve your credit. You may qualify for a secured card even with bad credit. Make small purchases using these cards, and ten make on-time payments on these cards. Payment history makes up for 35% of your credit score.
However, you may not get a loan before 2 years after discharge of bankruptcy.
I took out a 12,000 $ loan and paid off all my debt april of 2009. then i was transfered to another location for a promotion. the day after i unloaded the uhaul, i was heading back to old house to take care of the last few things. I didnt make it there, i was in a near fatal car accident that left me in a coma and disfigured. now 9 mo later the bills are still mounting up. I'm back up to 10,000 or more. I havent been able to work, no money comming in, leave of absence is exsausted, job threatining to let me go. still having surgeries and physical therpy. cant even pay for lawyer to declare bankruptcy. does anyone have any advise for me? I want to pay my bills but I have NO MONEY comming in!! please I would love to hear from anyone that has any advise. [personal information removed for safety purpose.]
You say you paid off all your bills. So, can I know where from are these bills mounting up? If you think this is illegal, you can send in debt validation letters? First pull a copy of your credit report, and check the status of all these accounts. If you have payment proofs you will be able to solve this problem.
Filed bankruptcy in 2000, and I had a loan from the SBA. When we filed for bankruptcy I thought it had all gone away. Low and behold here comes the Treasury 10 years later claim I owed them 72,000 plus fees and interest for a total of 95,000. They did take my income tax return. Now CBE has stepped in trying to collect the unpay balance. Since I was referred to CBE, does the Treasury Dept relinquist all ownership or do they still have some rights?
i am unemployed and need to sell my 2 quads to pay for rent and food for me my 12 year old son but i just got a summons to go to court over a volintary repo what should i do
i am unemployed and need to sell my 2 quads to pay for rent and food for me my 12 year old son but i just got a summons to go to court over a volintary repo what should i do
If I am using my credit for someone else to purchace a vehicle, and they have been making the payment on time, how do I file bankruptcy without them loosing there vehicle?
Do you know how bankruptcy filing will affect your ability to get a security clearance?
Bankruptcy filing will not have any adverse effect on security clearance.But one should not apply for permanent residency in other country. after filing BK.
If you file chaper 7 can they take your vehicle away? I have a job but can't make end meet with this job. I do not have other assests to my name nor money. My vehicle is worth about 700 dollars but that is the only way i can make it to work.
Whether or not your creditor or the collection agency can take away your vehicle depend son certain factors. Can you say whether or not you included the vehicle in the bankruptcy? If it was not included, and is not paid for, the creditor or collection agency can take away your vehicle.
If it was included in the bankruptcy, and if there's a deficit amount which you are unable to pay, any of your assets can be taken depending on the exemptions, and laws. I think you can discuss about this with your bankruptcy lawyer.
I have much debt since my husband passed away a few years ago. I have been harrassed and dragged to court several times and made and paid payment arrangements with my creditors. Today yet another creditor garnished my wages and now I can't afford to pay my mortgage. I spoke with a bankruptcy lawyer once before and he said that I couldn't claim bankruptcy on debts that were already being paid thru the court system. Is this true and how do I survive now...not to mention I have an 18 yr old mentally challenged child to support alone. Thanks for any quick answers that I can get!
No there this no such thing like what the bankruptcy lawyer has said. You can file bankruptcy even if you are making payments on already issued judgments. It is sad that the lawyer rather than helping you is guiding you in the wrong way. I think you should go to another attorney.
Yes, you can file bankruptcy now itself. But, why do you want to file bankruptcy for just a single debt? Can you provide more details on your situation?
So I'm currently purchasing a car on 60 month loan. I have about 29 months to go and I'm about 1 month behind in payments. I have about 4 credit cards who have turned my account over to collection agencies, as well as two medical bills I can't pay.
My question is, if I file Chapter 13, how will this affect my car? Will everything be consolidated into a lower payment? I live paycheck to paycheck and never have two pennies at the end of the week. Will my car payment be extended?
i did a favor for a person and now in the hole 15000 dollars. if i take them to court and sue them can they file bankruptcy and not have to pay any of that back to me?
I did everything to save my house. Hired this man who my wife and I trusted because he was helping my father in law. Little did we know he didnt do anything. Took about 1700.00 and wanted 2300.00 dollars more for his company that only was able to negotiate with our lender to add what we stopped paying to our last year bringing the home loan to 280k when the house was only worth around 145k-a165k. My house sold in auction on July 21 2010 because i refused to pay 6500 dollars to the company that supposibly was going to flip my house and sell it back to me in 5 years. When The "processor" called my wife and demanded the money in 2 days to listed on a private short sale or our house was going up for auction and we would have to leave . Well i work in a state mental hospital in california, i am police officer all i needed was my lender to work with me since our budget was cut my 15%, but ofcorse he didn't. It was an invester who was our lender and he did not wanted to negotiate at all. I got served with papers stating that the house sold and if i was the owner i had 3 days to leave the home or if i was the renter i had 90 days. I packed all of my family's belongings and moved. Now i am renting, have a judgement agaist me and my wife cant find a job. It seems like it doesnt get any better for us. I found out our lender bought the house back and nobody is living there yet. Can I still fill bankruptcy even if i have a judgement against me? I went to one bankruptcy lawyer and he practically said i didn't qualify for bankruptcy. I didnt know you had to qualify, Do you? I just want to put this bad experience behind me, and have a fresh start with my family. I have enough stress at work, dealing with inmates, I do not want to stress about this if there is help outthere for me and my family. What do you suggest? Please answer at your early convinience. Thank You :?
Hi! I am currently defending a felony case where I am innocent and have been sent to trial. The estimated cost of my defense will be roughly 30k and I fear that when the courts find me innocent, that the family of the "victim" will try to sue me for a LOT of money. if i file for bankruptcy will that save me from the civil suet?
Hi Iam being sued by Capital One bank for a car that was repo and they want me to pay the remaining balance after which is like 9,200 I don't have that kind of money or the car would still be with me and I even made a payment and spoke to one of the custmer service manager and try to work it out and the next morning the truck was gone after I just made a 575.00 through money gram I think that is real cold thing to do. should I file bankrupty?
How long do I have to file bankruptcy after being sued? I was served papers and filed my answer on my own. An attorney said I had 30 days which expires tomorrow but I'm in the situation where I'm also in a loan modification and my bank will cease all modifications if I file bankruptcy prior to them approving or denying the modification loan. Am I screwed since I'm having to wait to hear from my mortgage company? Or does it matter that I'm not filing right away?
Hi,
our car was repo2 years ago and this law company was sueing us. Never served for court and now I received a Abstract of judgment. I don't have any properties but I have with my husband a debt of 20K including the car repo. Can I file bankruptcy? which Chapter?
Thanks!
Carolina.
My parents live in TX and they own a house and the mortgage has been paid for several years. They had a unsecured loan that they could not pay back and the creditor has placed a lein on their house. The valuse of the house is roughly equal to the amount of the loan. They want to sell their house in hopes of buying a smaller but newer house, but they were told that since they house is owned by them, the money will go directly to the creditor. Is there any way around this? can they give the house as a gift to one their children and the children sell the house without any issues with the lien?
Yes they can and will freeze your checking accounts. Wells Fargo is big on that. They froze my aunts account because my name was on it. You better believe they will keep any thing you have out of the bank. We got her money back but took 3 months
I am half way through paying for a chapter 13 bankruptcy (5 years).
I am a doctor (incorporated) and can only afford limited malpractice
insurance. I'm just getting back on my feet, when out of nowhere I
get a malpractice suit from something I was marginally involved in
10 years ago! My insurance won't cover me. What's gonna happen?
Can they take my home? What kind of lawyer do I need?
My ex-husband is suing me for $10,000 and wants it to come out of child support because I do not work because the divorce decree said I was suppose to remove his name from the house and vehicle. I could not refinance. He is now suing me for the bank automatically removing this money from his account. I just paid my bankruptcy attorney and am filing Ch 7. What do I need to present to the judge so he can not claim this money? Is a case number sufficient?
Joint checking account garnishemnt
I read on here that a joint acct can be garnished een is both owners of the account aren't both on the debt. THis is the opposite of what I was told by two other financial institutions in the Kansas City area. Can you clarify?
joint account garnishment
Hi John Daleyu,
If only one person owes the debt and is on an account with another person, then the joint account can be garnished too. Only certain accounts like Social Security income, retirement benefits, etc cannot be garnished.
Thanks,
Aaron
while in bankruptcy my spouse had a slipand fall case suit on going. the trustee settle the case without her consent and disburse the money has he sees fit. Can we the trustee be sued
slip and fall case
Hi Jerry,
Can you provide more details on this case? If you can give more details on the case, it would be easier to help you out of your problem.
Thanks,
Aaron
Help!
Our home was under foreclosure and the auction date has already past. Can we still file for bankruptcy even after they auctioned off the house?
bankruptcy
Hi,
Bankruptcy can be filed to stop foreclosure. So, can you please tell me as to why you dint file bankruptcy before your house got sold off?
Thanks,
Aaron
Legal Hold on bank accounts
Collection agency put a hold on a our joint checking, individual checking & a savings account-this was for a credit card debt of 4,022.00. The 3 accounts combined had over 5,000.00 total in them-we are awaiting word on a final modification from our mortgage company and then we planned to file bankruptcy. We were advised by the morgage company that they cannot modify our mortgage while we have an active bankruptcy case which is why we are waiting. Also, the collection agency never served my wife or myself or sent us anything about this. Is there any way to quickly get this hold removed or what i assume is a judgement voided? We are prepared to file the bankruptcy immediately but i want to make sure that will do it-i don't want to screw up our final modification approval by doing so. Our bankruptcy lawyer won't be back until Monday 4/26-we have 6 kids to feed-please let me know ASAP
legal hold on bank accounts
Hi Chuck,
Collection agency can garnish your account through a judgment. However, if you aren't served with any judgment notice, you can file a motion to vacate the judgment and subsequently overturn the garnishment order. Get hold of the form "Notice of Motion to Vacate Judgment". Mention in it that you weren't served with the court papers of the judgment.
Thanks,
Aaron
Legal Hold
Thank you for the info Aaron-I found out that as of June 1st 2010, mortgage banks are not allowed to change a pending modification if the parties involved file for bankruptcy-problem is, they put the hold on my account on 4/23 and my bankruptcy attorney advised me that after 30 days, they will take the money and i will have no recourse to get my money back unless i file the bankruptcy within the 30 days. Prior to June 1st, it is up to the bank to decide whether or not to cancel the pending modification if we file. So now i"m stuck-if i wait until June 1 to file, I may lose the money they have on hold and if i file before that, the bank could cancel the modification. My attorney says if i file the motion to vacate judgement, it wouldn't be heard until sometime in late June or July based on the court schedule-so i'm stuck and not sure what to do.
bankruptcy
I am owed 5,000 .he filled bankruptcy after he was served, can I still sue him for the monies
bankruptcy
Hi,
If the person has included this debt into the bankruptcy, then you may not be able to sue him.
Thanks,
Aaron
Question
Can a person who is in collections for $2300.00 and making $25 month payment to collection company still be sued by them?
payment question
Hi Jody,
Can you tell what is the minimum amount to be paid each month?
Thanks,
Aaron
payment question
Aaron- There was not an amount decided upon as I could not get a call back when I called them. When I finally did get called back they wanted $200 a month I told them I can't afford to pay that.
payment question
Hi Jody,
You need to make a copy of your monthly income and expenditure. Write a hardship letter to the colelction agency, and attach a copy of your monthly income and expenditure. Request them for a repayment plan.
You will get a sample hardship letter with this company. Send the letter through certified mail, requesting a return receipt.
Thanks,
Aaron
payment question
Arron, Thank you I will let you know what happens
reply
Hi Jody,
You are welcome. Hope that this works out for you.
Thanks,
Aaron
bankruptcy
i was in a car accident and i did not know my insurance was canceled they guy is going to sue me im sure.. is bankruptcy a option?
reply
Hi,
You will get an answer to your query at http://www.creditmagic.org/report/car-accident.html#46947 .
If you have further queries, feel free to discuss in the forum.
Thanks,
Aaron
BANKRUPTCY/CREDIT REPAIR
HOW LONG DOES IT TAKE TO REPAIR YOUR CREDIT AFTER A BANKRUPTCY? i HAVE HEARD ANYWHERE FROM 3 YEARS TO 7 YEARS. tHAT'S A PRETTY BIG SPREAD. aNYONE OUT THERE EDUCATED ABOUT THIS?
time taken to fix credit after bankruptcy
Hi PBRITZ,
There is no such time limit within which you can improve your credit. If one person can improve his credit in 2 years time, another person in the same situation might take more than 2 years to improve his credit.
However, you can start repairing your credit soon after the discharge of the bankruptcy. You can try taking a secured credit card, or a store card to improve your credit. You may qualify for a secured card even with bad credit. Make small purchases using these cards, and ten make on-time payments on these cards. Payment history makes up for 35% of your credit score.
However, you may not get a loan before 2 years after discharge of bankruptcy.
Thanks,
Aaron
filing bankruptcy on medical bills
I took out a 12,000 $ loan and paid off all my debt april of 2009. then i was transfered to another location for a promotion. the day after i unloaded the uhaul, i was heading back to old house to take care of the last few things. I didnt make it there, i was in a near fatal car accident that left me in a coma and disfigured. now 9 mo later the bills are still mounting up. I'm back up to 10,000 or more. I havent been able to work, no money comming in, leave of absence is exsausted, job threatining to let me go. still having surgeries and physical therpy. cant even pay for lawyer to declare bankruptcy. does anyone have any advise for me? I want to pay my bills but I have NO MONEY comming in!! please I would love to hear from anyone that has any advise.
[personal information removed for safety purpose.]
medical bills
Hi taznfrog,
You say you paid off all your bills. So, can I know where from are these bills mounting up? If you think this is illegal, you can send in debt validation letters? First pull a copy of your credit report, and check the status of all these accounts. If you have payment proofs you will be able to solve this problem.
Thanks,
Aaron
Federal Debt
Filed bankruptcy in 2000, and I had a loan from the SBA. When we filed for bankruptcy I thought it had all gone away. Low and behold here comes the Treasury 10 years later claim I owed them 72,000 plus fees and interest for a total of 95,000. They did take my income tax return. Now CBE has stepped in trying to collect the unpay balance. Since I was referred to CBE, does the Treasury Dept relinquist all ownership or do they still have some rights?
Anyone help me?
car repo being sued
i am unemployed and need to sell my 2 quads to pay for rent and food for me my 12 year old son but i just got a summons to go to court over a volintary repo what should i do
car repo being sued
i am unemployed and need to sell my 2 quads to pay for rent and food for me my 12 year old son but i just got a summons to go to court over a volintary repo what should i do
bankruptcy
If I am using my credit for someone else to purchace a vehicle, and they have been making the payment on time, how do I file bankruptcy without them loosing there vehicle?
Do you know how bankruptcy filing will affect your ability to get a security clearance?
Bankruptcy filing will not have any adverse effect on security clearance.But one should not apply for permanent residency in other country. after filing BK.
bankruptcy
If you file chaper 7 can they take your vehicle away? I have a job but can't make end meet with this job. I do not have other assests to my name nor money. My vehicle is worth about 700 dollars but that is the only way i can make it to work.
bankruptcy
Hi erma,
Whether or not your creditor or the collection agency can take away your vehicle depend son certain factors. Can you say whether or not you included the vehicle in the bankruptcy? If it was not included, and is not paid for, the creditor or collection agency can take away your vehicle.
If it was included in the bankruptcy, and if there's a deficit amount which you are unable to pay, any of your assets can be taken depending on the exemptions, and laws. I think you can discuss about this with your bankruptcy lawyer.
Thanks,
Aaron
bankruptcy in RI
I have much debt since my husband passed away a few years ago. I have been harrassed and dragged to court several times and made and paid payment arrangements with my creditors. Today yet another creditor garnished my wages and now I can't afford to pay my mortgage. I spoke with a bankruptcy lawyer once before and he said that I couldn't claim bankruptcy on debts that were already being paid thru the court system. Is this true and how do I survive now...not to mention I have an 18 yr old mentally challenged child to support alone. Thanks for any quick answers that I can get!
bankruptcy
Hi Kimmy,
No there this no such thing like what the bankruptcy lawyer has said. You can file bankruptcy even if you are making payments on already issued judgments. It is sad that the lawyer rather than helping you is guiding you in the wrong way. I think you should go to another attorney.
Thanks,
Aaron
getting sued
im getting sued from an landlord i had rented awhile ago. could i fill for bankupcty now or should i wait when i go to court and he is a lawyer!
getting sued
Hi gima,
Yes, you can file bankruptcy now itself. But, why do you want to file bankruptcy for just a single debt? Can you provide more details on your situation?
Thanks,
Aaron
Bankruptcy
So I'm currently purchasing a car on 60 month loan. I have about 29 months to go and I'm about 1 month behind in payments. I have about 4 credit cards who have turned my account over to collection agencies, as well as two medical bills I can't pay.
My question is, if I file Chapter 13, how will this affect my car? Will everything be consolidated into a lower payment? I live paycheck to paycheck and never have two pennies at the end of the week. Will my car payment be extended?
i did a favor for a person and now in the hole 15000 dollars. if i take them to court and sue them can they file bankruptcy and not have to pay any of that back to me?
Help
I did everything to save my house. Hired this man who my wife and I trusted because he was helping my father in law. Little did we know he didnt do anything. Took about 1700.00 and wanted 2300.00 dollars more for his company that only was able to negotiate with our lender to add what we stopped paying to our last year bringing the home loan to 280k when the house was only worth around 145k-a165k. My house sold in auction on July 21 2010 because i refused to pay 6500 dollars to the company that supposibly was going to flip my house and sell it back to me in 5 years. When The "processor" called my wife and demanded the money in 2 days to listed on a private short sale or our house was going up for auction and we would have to leave . Well i work in a state mental hospital in california, i am police officer all i needed was my lender to work with me since our budget was cut my 15%, but ofcorse he didn't. It was an invester who was our lender and he did not wanted to negotiate at all. I got served with papers stating that the house sold and if i was the owner i had 3 days to leave the home or if i was the renter i had 90 days. I packed all of my family's belongings and moved. Now i am renting, have a judgement agaist me and my wife cant find a job. It seems like it doesnt get any better for us. I found out our lender bought the house back and nobody is living there yet. Can I still fill bankruptcy even if i have a judgement against me? I went to one bankruptcy lawyer and he practically said i didn't qualify for bankruptcy. I didnt know you had to qualify, Do you? I just want to put this bad experience behind me, and have a fresh start with my family. I have enough stress at work, dealing with inmates, I do not want to stress about this if there is help outthere for me and my family. What do you suggest? Please answer at your early convinience. Thank You :?
Bankruptcy and being sued
Hi! I am currently defending a felony case where I am innocent and have been sent to trial. The estimated cost of my defense will be roughly 30k and I fear that when the courts find me innocent, that the family of the "victim" will try to sue me for a LOT of money. if i file for bankruptcy will that save me from the civil suet?
bankrupcy after being served
I am being sued for $14,680.19 in medical bills. Can I file bankruptcy?
bankrupt
Hi Iam being sued by Capital One bank for a car that was repo and they want me to pay the remaining balance after which is like 9,200 I don't have that kind of money or the car would still be with me and I even made a payment and spoke to one of the custmer service manager and try to work it out and the next morning the truck was gone after I just made a 575.00 through money gram I think that is real cold thing to do. should I file bankrupty?
Being sued
How long do I have to file bankruptcy after being sued? I was served papers and filed my answer on my own. An attorney said I had 30 days which expires tomorrow but I'm in the situation where I'm also in a loan modification and my bank will cease all modifications if I file bankruptcy prior to them approving or denying the modification loan. Am I screwed since I'm having to wait to hear from my mortgage company? Or does it matter that I'm not filing right away?
abstract of judgment
Hi,
our car was repo2 years ago and this law company was sueing us. Never served for court and now I received a Abstract of judgment. I don't have any properties but I have with my husband a debt of 20K including the car repo. Can I file bankruptcy? which Chapter?
Thanks!
Carolina.
My parents live in TX and they own a house and the mortgage has been paid for several years. They had a unsecured loan that they could not pay back and the creditor has placed a lein on their house. The valuse of the house is roughly equal to the amount of the loan. They want to sell their house in hopes of buying a smaller but newer house, but they were told that since they house is owned by them, the money will go directly to the creditor. Is there any way around this? can they give the house as a gift to one their children and the children sell the house without any issues with the lien?
Thanks in advance for replies
Yes they can and will freeze your checking accounts. Wells Fargo is big on that. They froze my aunts account because my name was on it. You better believe they will keep any thing you have out of the bank. We got her money back but took 3 months
being sued while in bankruptcy
I am half way through paying for a chapter 13 bankruptcy (5 years).
I am a doctor (incorporated) and can only afford limited malpractice
insurance. I'm just getting back on my feet, when out of nowhere I
get a malpractice suit from something I was marginally involved in
10 years ago! My insurance won't cover me. What's gonna happen?
Can they take my home? What kind of lawyer do I need?
Thanks.
credit card debt
what happens to the credit card debt in the event of the death of card holder?
good quest t
good quest t
good quest t
Being Sued
My ex-husband is suing me for $10,000 and wants it to come out of child support because I do not work because the divorce decree said I was suppose to remove his name from the house and vehicle. I could not refinance. He is now suing me for the bank automatically removing this money from his account. I just paid my bankruptcy attorney and am filing Ch 7. What do I need to present to the judge so he can not claim this money? Is a case number sufficient?