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Recent Entry of Default questions

I follow bankruptcy court instruction and judge order

I follow bankruptcy court instruction and judge order everything. All summon and certified mail served by my process server. When filing entry clerk default and judgment default, I served defendant with certified mail by myself on the process server behalf. The bankruptcy knew that. The judge close and dismiss my adversary proceeding that is almost done to get judgment. The debt that defendant ( debtor ) owe me is zero for now,I am so worry. The debt ( judgment ) is about fraudulent transaction. He did not disclosure permit violation plus his fiduciary responsibility. Then caused me have financial ruinI am so worry now.What is the possibility that my case ( debt that defendant owe me ) will become good shape again ??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
Application for entry for default received after court had

Application for entry for default received after court had received an answer on a civil summons ( Complaint (contract) Fast Track and set a court date for Jan 2015 on an alleged old credit card debt. On the answer to the court there was a choice to admit, deny OR it said to state you did not have enough information to admit or deny charges (which is what was put under item 3) additional information. If my niece had listed she admitted to the debt or denied it in the other two areas on the form it would not have been correct. Tomorrow she has to respond to their application to the court. It states she failed to plead or otherwise defend in accordance with the law pursuant to Rule 140(b) JCRCP. She has yet to receive any proof that they own the debt or the proof of the balance they are claiming. What is the best thing to put on the responsive pleasing with the court? Debt is $3200.00 per plaintiff but she shows $1700on her last statement. Had stopped paying debt due to job loss due to CA which the plaintiff is currently aware off as it was listed in the three request for proof of ownership of debt and balance sheet. Thank youThank you

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TJ, Esq.

Juris Doctor (JD)

10,834 satisfied customers
I returned my leased vehicle before the end of the lease because

I returned my leased vehicle before the end of the lease because I could no longer afford it. I received a summons for breach of contract for $40k on May 1st giving 20 days to respond. I did not respond. On June 5th I received a letter of default for failure to serve a pleading from the court. On June 30th there was a hearing for plaintiff's motion for entry of final default judgment. What happens next? I have no assets. Would I have any type of notification or warning signs if they were to go after my bank account or wages?

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Brent Blanchard

Solo Practitioner

Doctoral Degree

1,666 satisfied customers
I have a question I file bankruptcy 2002 I believe I just

I have a question I file bankruptcy 2002 I believe I just received a letter saying order sustaining trustees omnibus Objection to claim 1 and 2 No party filing a response within that time permitting 2 Record their board considers the matter to be on unopposed The bottom of the letter says file by Marion County tax collector id sustained and the claim is allowed as secured and claimant shall not participate in distribution of dividends sandra zonin thank you is this mean I'm not in trouble

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
I live in Texas and 7 yrs ago I had to file for bankruptcy

I live in Texas and 7 yrs ago I had to file for bankruptcy chp13 anyway I got discharged after 5 yrs and paid everything I was suppose to under the bankruptcy. Soon after I start getting a ourstanding bill from my HOA claiming I owe them 1500. I went to a lawyer and he said it would be no problem because if they were included in my bankruptcy the should have already been paid. I left it at that. I hadn't heard anything about it and @14 months later which brings me to the present I get a letter stating that I had a default judgement against me to the tune of 4600. now the are able to foreclose on my house. my question is the can they do that? can I sue the HOA? I FEEL LIKE IM GOING THROUGH THIS ALL OVER AGAIN

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TJ, Esq.

Juris Doctor (JD)

10,834 satisfied customers
I have a lot of health problems right now and have been out

I have a lot of health problems right now and have been out of work for 6 months. I have been able to keep payments up with my in-laws help but can no longer do that. To make it until I get back on my feet it looks like my husband and I need to get rid of two payments, a truck and a motorcycle. A bankruptcy attorney said we would have to file bankruptcy to keep my husband from also losing his truck he is making payments on. Is it true that they could take his truck too to satisfy the debt on the other vehicles?JA: What state is this in? And how old is the truck?Customer: We are in Texas. My husband's truck is a 2016 that he uses to drive to his work as a carpet installerJA: Has anything been filed or reported?Customer: Not yetJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so - we live with his parents so have no house

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
I hired an attorney to handle a case for me. #1. even though

I hired an attorney to handle a case for me. #1. even though I filed BK to have him help me save my home that was being foreclosed on he still lost it. He forgot to put my house on the plan. #2. I was not discharged from my BK. Two very important things he didn't do for me! How much time do I have to go after him for misrepresentation/not doing his job right? Please don't tell me that there is a time limit.

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DrakeLAW

Juris Doctorate

622 satisfied customers
I've been contacted by a company called Native Corp

I've been contacted by a company called Native Corp Restructure from West Seneca New York with an offer to restructure my 3 merchant loans, reducing debt of $100,000 to $25,000. Sounds too good to be true. What do you think?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
Relevant facts: -I am a 'pro se' ch. 13 filer. -My 4th

Relevant facts:-I am a 'pro se' ch. 13 filer.-My 4th amended plan was confirmed by the court very recently.-Also recently, my mortgage lender filed a motion for relief from stay (which I expected as I was in arrears post-petition by 4 months when they filed). The morning of the initial hearing on the matter - held 8/25/16 - I discussed entering a consent order with the mortgage lender's attorney. We communicated this to the judge and he set final hearing for 9/22/2016 (this coming Thursday morning). (At that time, the judge told me that if I could not come to some sort of agreement with my lender then I could present - at the final hearing - whatever evidence I want him to consider for denying their motion to lift the stay).-I have the order in hand (they sent it to me last Thursday and followed up today asking if I agreed with it) but have not signed yet because I have a couple of questions. The 'Order Granting Modification of Stay' stipulates that I am to begin making regular monthly payments starting 10/1/16. Monthly catch-up payments will commence on that date as well (I will have 9 months to cure the arrearage). The source of funds is a gift from my spouse (we are separated currently).- According to nolo.com, "the court is predisposed to continue the bankruptcy protection." Also, "Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, .....*****or the debtor has provided for payment of the debt in a Chapter 13 repayment plan)."Questions:- Is simply modifying my current (confirmed) plan to provide for payment of the post-petition arrears (using the gift funds from my spouse) a viable option for me? Is it really very likely the court would go along with that? I would need to file my modified plan tomorrow if this is a good defense. My total arrears is $5426.48, of which $1676 are attorney's fees.-The lender's initial filing included an exhibit - a tax assessment - that was not actually for my property (it was for another condo in my building) yet represented as such (in other words, they made a mistake). Is this a potentially 'fatal defect'....possibly necessitating re-filing if I bring it up to the judge? (I did mention the defect to the lender's attorney prior to the initial hearing and she replied with "well that's actually good for my client because the tax assessment in the filing is higher than what yours actually is (I had told her mine was less) ...which means they have a smaller equity cushion.....(I understand this but the point is there is an error in the filing).I have a few other questions but would like view your replies to these first.

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

174 satisfied customers
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