Debtor And Creditor Legal Questions

The short answer is yes, just because a car has been repossessed does not mean that the debt has been forgiven. The car dealer will re-sell the car and the original buyer is liable for any deficiency balance on the original purchase price and the new sales price. However, a debt like this could be wiped out in a Chapter 7 or Chapter 13 Bankruptcy. It would also stop any lawsuit by the car dealer for the repossession.... Read More

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 More

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 More

Yes, you will need to hire a lawyer to try to get vacation of the judgment. This is very hard to do and not often successful as "the paperwork never reached me" is not a defense if the court record shows lawful service. You will have to prove this did not happen and "I didn't get it" is not sufficient under the case law. ... Read More

In general, they may simply not believe what they may view as a convenient "theft" story. When you have a rent to own item, and you stop paying, if you dont return the item on demand or pay all that is owed, they will typically swear out an affidavit with the state attorney who will issue a warrant for your arrest under 812.155. If you can't sort it out with them in advance, you may simply have to deal with the criminal charges if they get filed and work with your attorney or public defender to address the issue. The alternative is to find the computer and return it immeidately. ... Read More

Essentially nothing. Thats the deal your husband negotiated during the divorce and thats the deal he has. Short of bankruptcy discharging the mortgage, the ex wife is esentially paying the husbands debt on the mortgage. If she misses a payment, he will have to pay it or risk the default. He may want to hire a TX family law lawyer or a Florida bankrtupcy lawyer to discuss the details. ... Read More

Contact your original bankruptcy attorney and ask him to send a letter to the creditor for the creditor's violation of the bankruptcy discharge order. Another way to do this is by sending a copy of the Bankruptcy Discharge Order to  Equifax and letting them know that the debt was prior to your bankruptcy filing. I am assuming that is the case. If your bankruptcy case was a non-asset case then the debt is discharged whether listed or not. The case is called JUDD v. WOLFE 78 F.3d 110 (1996).... Read More

No one can possibly provide an accurate answer to such a question. If you are being sued, that is the time to retain a lawyer no questions asked. Short of that, if you dont know how to properly respond to a lawsuit, thats the first sign that you are not equiped to represent yourself in court and need to retain a lawyer and ifyou cant or simply wont do so, then find some other means of resolving the dispute. ... Read More

You may have several remedies regarding these attempts at collection.  Generally, pay day loans may not be enforceable in PA and you can certainly defend any lawsuit, if they actually file one.  However, their collection practices alone may be a violation of the Fair Debt Collection practices Act (FDCPA).  If the calls are by debt collectors, as opposed to a collection department of the actual creditor, the FDCPA may allow you to sue the debt collector(s).  Finally, you can consider a bankruptcy which, if you qualify, will eliminate those debts and any others with limited exceptions such as student loans and certain tax debts.     If you are in the eastern part of the state, feel free to call or e-mail me on a free initial basis.... Read More

You actually have a few issues.  1. You are not personally liable for your spouse's pre-marital debts.  But I would make sure that any joint bank account you have is opened AFTER you were married, and it should be listed as "Tenants by the Entireties."  Only put money in that account that has been earned after the marriage. If the account was opened before you were married, close it and open a new one. Any of your pre-marital money or other assets should be kept in your name only.2. When garnishing wages, one of the main exemptions is whether the judgment debtor is a "head of family."  A single person can be "head of family" if he or she pays more than 50% of the support for a child or other dependant. (See Fla. Stat. §222.11)  A "head of family" is not defined for a married couple, but based upon case law, the head of family is the primary decision maker for the family.  Common sense would suggest that the spouse who earns the highest income should be "head of family," but that is not what the law says.  So if your spouse is the primary "decision maker" for the family, she can be considered the "head of family."3. You may have grounds to refuse to provide the information on your salary -- just because the attorney asks for it, that does not mean that the attorney is entitled to it.  It depends upon a lot of circumstances.  You could try to object to providing the information, and see what happens, but there's a small chance that the Court could require you to provide the information.4. If you file joint tax returns, then her student loan debt CAN most likely take your tax refund.  If you file separately, only her tax refund can be taken -- but there may be other tax issues.... Read More