Louisiana Debtor And Creditor Legal Questions

Here's a practical tip - if you can't pay the full amount you agreed upon, pay what you can every month. When you stop cold, or miss payments, it seems to attract more attention. Regular monthly payments are a big deal, but that might not stop a lien or a garnishment or a seizure of your bank account. Your options are to enter into a new installment agreement with the State, or to file a Chapter 7 bankruptcy if the taxes are dischargeable, or to file a Chapter 11 or Chapter 13 bankruptcy reorganization plan to provide for payment arrangements. The Louisiana Department of Revenue is generally more difficult to deal with than the IRS. The collectors take their jobs seriously and they have a lot of administrative rules that they have to follow to prevent showing favoritism to any particular taxpayer. Although the LADR collectors are tough, some of them are sympathetic to taxpayers who are down on their luck because of medical issues, involuntary unemployment, or family problems. One thing is certain - you will do better contacting them first before they lien or garnish your property. If you can't get anywhere with the collector assigned to your case, talk to an experienced Louisiana bankruptcy attorney.  ... Read More

Sounds like there's something more going on than what you are aware of. What has the debt consolidation loan company told you? Do they agree that your Discover card was included?  Did they make any payments toward that debt? If you have received papers from the court, you are going to have a very limited time to respond. You may have as little as 10 days from the date you were served with papers to file responsive pleadings in court.  One thing is certain: if you don't do anything with the court proceeding, Discover will be able to get a money judgment against you by default and you don't want that to happen.    ... Read More

When something sounds too good to be true, it usually is. Banks don't usually operate like that. This scheme sounds really, really fishy. Not minnow or goldfish fishy. Great White Shark fishy. Your mother should hire a knowledgeable and experienced lawyer right away. A few hundred bucks now might save her thousands of dollars later.... Read More

A green card holder can sponsor her spouse and he can process at the US consulate overseas. A fiancée visa is not available for a green card holder to sponsor their boyfriend or girlfriend. Additionally, your income of $2,700 per month will be sufficient to sponsor your husband if your household size is 2 people. ... Read More

Bankruptcy might be an option for you but keep this in mind that student loans are normally considered non-dischargeable debt in bankruptcy unless you can prove that the debt will impose an undue hardship on you and your dependents.  A common test that most courts use to evaluate whether a particular debtor has shown an undue hardship is the Brunner test which requires a showing that 1) based on the current income and expenses, the debtor cannot maintain a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; 2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and 3) the debtor has made good faith efforts to repay the loans.  The court interpretation of the three prongs have become increasingly stringent.  It is difficult, but not impossible to have your student loan debt through bankruptcy.  I highly suggest that you speak with an attorney before you attempt this route so that they can evaluate the facts of your case and see whether you would qualify for a discharge on your student loans.   Another option is to call the lender and see what repayment options are available to you.  I know that there are several programs that may help you such as: income-based repayment, income-contingent repayment, and income-sensitive repayment.  I would look into these programs to see if any of them are available to you and proper for your situation.  I hope you found this answer useful.  ... Read More

Perhaps you signed a consent judgment agreement. The creditor cannot garnish your wages without getting a judgment against you first. I suggest reviewing what you signed the first time around if you have a copy. You may also want to review the court record to see when the judgment was entered. I have settled judgments for less than the amount owed in the past but it can be difficult. You do not have much leverage unless you plan to file bankruptcy. It is still worth a try.  ... Read More