If you owe a debt, your creditor can sue you for the amount owed. You have the right to be notified of the creditor’s lawsuit and to dispute the amount which the creditor claims you owe. If the creditor proves you owe the money, he will get a judgment against you for the debt amount
[ more ]Resources
What control do I have over payment of multiple debts to one creditor?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
[ more ]Can I stop a debt collector from contacting me?
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector intends to take some specific action.
[ more ]How much of my paycheck can be garnished at one time?
It depends on your state, but generally about 25% of your TOTAL NET (after tax) earnings can be garnished. But, government benefits life AFDC (Aid for Families with Dependent Children), Social Security or Veterans benefits cannot be garnished.
[ more ]What is a garnishment?
It is a court order telling your employer to deduct a part of your wages and send it to the court to pay your creditor. It can only occur after your creditor has sued you and gotten a judgment against you, and it can happen only if your earned income after taxes is more than
[ more ]Can the creditor repossess goods if I try to stop him?
Not without going to Court. Repossession must be peaceful. A debtor need not hand over or even open the door to the person doing the repossession, unless it is the Sheriff carrying out a court-ordered repossession, then the debtor must cooperate.
[ more ]Does my personal bankruptcy release my co-signer or guarantor of a debt?
Chapter 7 does not protect a person who cosigns a debt with you. To protect the cosigner you must repay the debt after the Chapter 7 bankruptcy is completed. Chapter 13 includes protection for a cosigner if the Chapter 13 repayment plan provides full repayment of the cosigned loan.
[ more ]Are there any debts which I cannot discharge through bankruptcy?
Certain types of debts are not subject to discharge. Debts arising from alimony or child support, debts for fines or restitution for a crime, and a claim for personal injury caused by drunk driving are not discharged under bankruptcy. Most taxes and student loans also are not discharged. Under a Chapter 7 the following debts
[ more ]What happens to a garnishment or a creditor’s lawsuit once I file bankruptcy?
Immediately upon the filing of the bankruptcy petition, all creditors must stop any collections against you. The Bankruptcy Court issues what is called an “automatic stay. ” This means that by order of the Bankruptcy Court all garnishments must cease and creditors may not take any further action on any lawsuit pending against you. The
[ more ]If my house, car or other property is secured by a creditor, does bankruptcy permit me to keep those things and release the debt?
Bankruptcy does not discharge a creditor’s lien on property. Even if you file bankruptcy a secured creditor is entitled to receive either the collateral or payment on the loan. In a Chapter 7 case, if you want to keep the property, you may either choose to reaffirm the debt or to redeem the property by
[ more ]
Recent Posts
Attorney Megan Quillen Earns Certification as Consumer Bankruptcy Law Specialist
The law office of Harlan and Quillen is proud to announce that attorney Megan Quillen has been named board certified by the American Board of Certification (ABC) as a Consumer Bankruptcy Law Specialist. “Achieving board certification as a Consumer Bankruptcy Law Specialist is a proud moment in my legal career,” says Quillen. “I am honored
H&Q Paralegal Receives Advanced Certification
H&Q Paralegal April Watson recently achieved the Fair Credit Reporting Act (FCRA) Advanced Certificate through the Professional Background Screening Association. The certification program content included fair credit reporting compliance, accuracy and litigation information and strategy. Watson manages the firm’s credit report review process. H&Q provides a no-cost credit report review for clients following their bankruptcy
H&Q Attorney Keith Slocum named to the Board of the American Board of Certification
Consumer bankruptcy firm, Harlan and Quillen, is proud to announce that attorney Keith Slocum has been named to the Board of the American Board of Certification (ABC). “I’m honored to be named to the ABC board and work alongside other professionals that are leading our legal field,” says Slocum. The ABC is the premier legal