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It appears your loan is a federally insured/issued loan, although Sallie Mae did hold private loans as well. If dealing with a gov't loan, you are subject to garnishment without a court order, up to, I believe 15% of gross after taxes. (It used to be only 10%.) Unless you got something in...

Please review the below for general info on repossession in Ohio. . . OSBA | Know Your Repossession Rights Just remember. . . the lender is not your friend. Des.

I assume you are asking if you can force the seller of the tools to replace them because you left them at a job site and they were stolen. You would need to look at your purchase/finance contract to see if there is such requirement but I doubt it. It is more likely than not that the Snap On or...

The association dues are the responsibility of the titled owner to the property. Are you the titled owner? Are you the personal representative of your mom's estate? (My condolences on your loss.) In addition, the dues are a lien against the property. The association can utilize state law to...

It appears that your husband did not file Chapter 11. He most likely transferred the residence to the LLC and then put the LLC into a Chapter 11, which makes no sense but - who knows. If I am correct the lender is free to sue your husband. I sure hope the LLC has an attny. Army Judge...

If you were sued and a judgment was entered against you the judgment creditor can collect for however long the state allows for judgments and the renewal of such. There no longer is a credit card debt. You now owe for a judgment. Des. If you were sued and a judgment was entered against...

This IS the advice I give many potential clients if their only source of income is SS and/or SSDI and one has no assets that can be seized once a judgment has been obtained. If you meet these qualifications you are "judgment proof" and the judgment is not worth the paper it is printed on. The...

Modifying the already existing but discharged loan WILL NOT revive your personal liability. A loan modifications IS NOT a reaffirmation agreement (not that you could enter into one this late in the game). What you DO NOT want is a refinance. Refinancing is a new loan that "takes out" the old...

1. You do not owe just $2,500.00. You never made a payment. You owe $2,500.00 plus all accumulated interest on the contract, plus repo fees, storage fees, auction fees and any attny fees the lender may have. You probably owe far in excess of $6,000.00. Yes, you can ask for an account...

Excluding the IRS - The real questions is. . . "Once a creditor sues and gets a judgment, can the creditor garnish/levy my social security?" The answer is. . . "No, so long as the social security is not commingled with any other source of money." Keep your social security payments in...

Thank you for asking. All is well and I trust the same for you. Not posting as much as before due to work but am viewing whenever I have an opportunity. Des.

For information on obtaining a writ of garnishment and then executing on it . . go here: http://app.leg.wa.gov/rcw/default.aspx?cite=6.27.020 and then go here: http://app.leg.wa.gov/rcw/default.aspx?cite=6.27.080 Des.

"Self help" is never a good idea. I assume you have not paid the storage charges to date and will pay them when you properly regain possession of the lender's collateral. Next time, don't miss payments and you won't have this problem. Consider the extra $90.00 a cost of doing business - as...

In all likelihood, if absolutely no claims are filed (not going to happen), under 11 USC 501(c) the Trustee will file claims on behalf of the creditors. He/she will utilize the debtor's schedules to justify what he/she files. The Trustee has 30 days from the claims bar date to file claims on...

Proserpina, Please note the following (1-3 are drawn from OP’s posts and 4-5 are from yours): 1. My ex-wife decided to not pay her portion of jointly held debt as required on the Property Settlement Agreement. Covered by 11 USC 523(a)(15) if she filed a 7 or 11. In a 13, is subject to...

Assuming the ex filed a Chapter 7 and the divorce decree required her to pay certain marital obligations, if OP is called upon to pay those obligations by the creditor then he can sue the ex for recoupment/reimbursement. Nothing arising out of a divorce decree is dischargeable in a Chapter 7...

Yes. A "charge off" is an accounting term. It DOES NOT mean the debt is gone. You list anyone and everyone to whom you could owe $$ to. Des.

NCBK, I have been reviewing your posts. You are a new lawyer (not even sworn in yet). Why not try your State Bar, specifically its section membership for young lawyers? You need to do some networking. http://younglawyers.ncbar.org/ In addition, striking out on your own without any...

Whose name? The decedent's? It would pass under the will or, if no will, based upon state law, most likely to the surviving spouse. Folks, There is no "fraud" in mom giving the vehicle to the son. Nor is she, by doing so, risking dismissal of her case assuming she discloses the transfer on...

If your mom just gives you the vehicle as opposed to selling it to you for fair consideration and then files a Chapter 7, the Chapter 7 Trustee can set aside the transfer and take possession of the vehicle. Whether or not you believe it has no value is not the issue. The issue is what the...