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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2885
Experience:  30 years of experience
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I have astraight note .00 since 8/23/2010 and we paid

Customer Question

i have astraight note for 15000.00 since 8/23/2010 and we paid interest only 100.00 for 8/23/2010 t0 6/23/2015 we was supposed to paid that in 2 years but my husband past away now the want the whole amount i have a trailer and i sold that they inspect me to paid the note but they give me 10000.00cash and stay in escrow after i pay escow and taxes i have nothing except the paiement every month of 500.00 ihave no cash except 1 property i am 80 years old my revenue a mon th 1860.00 please help me
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I do need a little more information from you before I can sort out your situation. Please, can you answer the following?

1) Is your income social security only or do you have another source? If so what is the other source? (Pension? or insurance? or what?)

2) You say you have a property. Is this your home?

After I have this information I will do some research and try to give you some information.

Thank you.

Kind regards,

Gerald

Expert:  Gerald, Esq replied 1 year ago.

Hello:

I see that you have not been back on to review your post. I am going to be away Tomorrow (Friday) until Monday. I do not want to leave you waiting until then if you have an urgent need for a response, so I am going to assume that your only income is retirement funds (Social Security and perhaps a pension, IRA, or Deferred comp plan). Also I am going to assume that the property you reference is your home. (If these assumptions are incorrect please let me know and I will pick this up again when I return.)

Section 207 of the Social Security Act does not allow for garnishment (seizure) of Social Security for commercial debts, like unpaid credit cards, auto loans, or mortgages. Likewise retirement funds are normally protected from garnishment. If you get a garnishment notice inform your bank that all your funds are Social Security and retirement funds and are excluded from any Garnishment Order. Please note that long before there would be a garnishment Order the lender would have to bring an action against you. If that happens file an answer with the court informing them that your funds are not subject to garnishment because they are Social Security.

Also, under California Law you have a Homestead Exemption which prevents debt collectors from seizing your home. The exemption is $150,000 when a homeowner is 65 years. See CCP §704.730(a)(3) .

Fill out this form and file it with your County Clerk of Records.

https://firstamsandiegolinks.com/uploads/blankdocs/311.pdf

If you have trouble with the form contact legal service for your area and they will help you. You can reach them here:

http://lawhelpca.org/

or

http://www.needhelppayingbills.com/html/california_free_legal_assistan.html

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating (click the five stars). It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

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