Missouri Debtor And Creditor Legal Questions

The vehicle was sold to her - not you - so you have no legal rights associated with the vehicle. You can't get out of the loan and you can't get the vehicle impounded. You can certainly sue your ex for all of the amounts you paid for the vehicle in loan payments. But what are the odds she will be able to pay you anything on the judgment? You can refuse to make anymore payments and the vehicle will be repossessed and auctioned off. There will almost certainly be less recovered than is owed on the note after the repo and auction expenses, which you will be obliged to pay. This will deprive your ex of the vehicle but negatively impact your credit. It may be possible to obtain the right to possession by suing in equity and showing that you have made all of the payments to establish yourself as the equitable owner of the vehicle. Just know that you will then have to take steps to get the vehicle returned which she may not make easy. She may also damage the vehicle before you get it making your victory largely symbolic.... Read Answer

This is one of the many reasons one should never cosign for another person. The lender only agreed to lend money to this person based on your co-signing, so it had another person to hold accountable if and when this person failed to pay on the loan. While I can certainly appreciate your desire to no longer be on the note as a co-signer, there is no way that the lender will release you from that obligation. Put yourself in the lender position - if you had two people that you could hold liable for a debt, one of which was a better credit risk than the other, would you agree to let the better credit risk go?... Read Answer

This sounds like it is a clerical error either with the creditor, the court or your HR company. Unfortunately, clerical errors can be corrected and the garnishment will probably soon start to be deducted. You can look into file a Chapter 7 or 13 bankruptcy to eliminate this garnishment and any other debt you are currently dealing with.... Read Answer

If the original creditor properly transferred the account the collection agency can sue you as they have all the rights to the debt. But if they do file a lawsuit you can request the documentation you are asking about in discovery and they would have to respond. However, there is no avenue to force the collection agency to produce the payment records at this point. If they refuse to produce information it may make it more likely they are just attempting a quick settlement. However, this could be completely erased with the filing of a Chapter 7 or Chapter 13 bankruptcy.... Read Answer

You are asked to  report your current  income. People make far less than they could for reasons such as being a student or not working overtime. The mere fact you could make more does not mean you will. Also, people can be  confident of  a raise or a promotion. If the mismatch between actual and potential income ever becomes an issue, I would expect the court to find misrepresentation.         ... Read Answer

It depends on numerous other factual issues.  If you believe the collection calls were abusive of your rights, you should contact a local consumer rights attorney to discuss your complaints against the agency.  There are various consumer protections statutes, both federal and state, under which suit maybe brought for violations of your rights. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

bankruptcy is a great way to eliminate payday loans.  I suggest scheduling a consultation with a bankruptcy attorney in your area to explore your options. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read Answer

You always have the option to file for bankruptcy protection to stop the garnishment.  You should consult a local consumer rights attorney to determine how best to proceed.  Most consumer rights attorneys offer free initial consultations, so it would be in your best interest to contact a local attorney. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

You can be held liable for the necessary and reasonable medical expenses of a deceased spouse. The creditor may be willing to settle with you or dismiss charges based on your financial situation. A good lawyer can help you minimize your liabilities. Property taxes for property titled in the name of your deceased spouse would typically be paid by the probate estate, if one was opened. You should seek further guidance based on all of the facts. ... Read Answer

You should write a letter to each of the three major credit bureaus and challenge the item on the report as inaccurate. Do not enter your dispute online or by phone as, in my experience, the bureaus do not check these disputes as thoroughly. If you have written proof of an error, include your proof with your dispute letter. ... Read Answer

Without all of the facts I cannot give you specific advice. This is a complicated question with a lot of variables in play. I suggest you meet with an attorney in person and discuss your options. If there is a large mortgage on the home, it may be protected. Your in-laws may want to consider bankruptcy. The mortgage could possibly be assignable and a deed transfer may be another option. I suggest consulting with an attorney sooner rather than later. ... Read Answer

If you have a credible dispute over payment according to an agreement or contract, and you send a check for less than the amount the creditor claims you owe, that check should be accompanied by a letter clearly stating that the check is being sent in full satisfaction of the claim, and that by cashing the check, the other party acknowledges they are accepting the settlement amount.  There are two exceptions. They apply to situations where a company cashes your check without realizing they are doing so in settlement of the claim. If the organization to whom you owe money has previously sent you a letter specifying that any such settlement checks are to be sent to a special designated address which they provide, then they have a defense against inadvertently cashing your check. The other exception is if the receiving party returns your check within 90 days. In the case of either exception, if you can prove they knew your check was a settlement offer before they cashed it, their defense fails. Did writing "Paid In Full" on your check settle your debt? You should meet with an attorney and discuss the issue in person. The advice offered here is general in nature and should not be relied upon as legal advice. ... Read Answer

Most likely the firm now representing Capital One has authority to accept your payment and satisfy the judgment. Regarding a motion to compel, I do not have enough information to answer your question. I suggest you meet with a qualified attorney to consider whether bankruptcy or debt settlement may be a viable option for you. -John Schleiffarth... Read Answer

You may want to consider settling your debts if your home equity prevents you from filing chapter 7 bankruptcy. You can keep your home in a chapter 13 bankruptcy, but whether or not the costs outweigh the benefits is hard to say without more information. I do suggest contacting a bankruptcy attorney and taking advantage of a free consultation. If you have a lump sum, you may be able to settle your payday loan debts for much less than you owe. If you get a  large tax refund you may want to consider using those funds,  ... Read Answer

Your student loans must be repaid. I suggest talking to your lender and looking into an income contingent repayment option. You may be able to settle your other debt for less than the amount owed. Typically debt collectors will offer settlements after a period of nonpayment. An attorney can negotiate a settlement for you. I typically have good results in such cases, but you do run a risk of being sued for nonpayment. ... Read Answer

I suggest hiring an attorney to help you settle the debt. I have experience in working with situations similar to yours, and have had good results in negotiating settlements.  Debts are easier to settle while in collections before a lawsuit is filed, but if you cannot afford an attorney, I do suggest contacting their lawyer and trying to work out a payment arrangement. If you owe the debt, you will likely lose in court. ... Read Answer

You would want to review the contract to see if you personally guaranteed the loan. Most loans and contracts involving small businesses require a personal guarantee. If that is the case, then you can be held personally liable. You may be able to settle the debt for less than the amount owed, but if the debt is large, filing for bankruptcy protection may also be something you should consider. ... Read Answer

A judgement against a non-existent company is likely unenforceable, but if you were the personal guarantor of the contract, as is often the case, Yellow Book could pursue you personally for the amount owed. You may be able to work through an attorney to successfully settle the debt. It is always best to settle before a suit is filed against you personally. You have more leverage before the suit is underway. ... Read Answer

Debt settlement companies do not normally protect you from lawsuits. If a creditor sues you for a debt you owe and obtains a judgment, consent judgement or otherwise, they may enforce that judgment by garnishing your wages, levy your property, or levying your bank account. You should probably consult a bankruptcy attorney to see if bankruptcy is a better option than trying to settle your debts at this point. A surprise bank levy that freezes all your funds is not a fun surprise. ... Read Answer