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Recent Motion to Vacate questions

I missed my reaffirmation hearing due to I was in the

I missed my reaffirmation hearing due to I was in the hospital having brain surgery, what can I do to fix this so they don't take my carJA: What state are you in? And are you working with a local attorney?Customer: CA and noJA: Has anything been filed in civil court? If so, what?Customer: I just got a letter saying reaffirmation was denied cause I wasn't there. The only thing filed besides that is my actual chapter 7JA: Anything else you want the lawyer to know before I connect you?Customer: I am the cosigner on my sons car and I'm afraid he will lose his car because of this, what can I do to fix this situation and get another reaffirmation hearing

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Phillips Esq.

Attorney

Juris Doctor

21,296 satisfied customers
I was about to file bankruptcy but I did some reading and it

I was about to file bankruptcy but I did some reading and it is my Understanding that it's best to allow a current lawsuit to move forward and allow the judgement to become effective before I file. That way the judgement will be added as a liability when I file instead of chasing this afterwards. What are your thoughts?

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Roger

Litigation Attorney

Doctoral Degree

34,870 satisfied customers
It says that for me to file a motion to vacate the judgment

Hello sir it says that for me to file a motion to vacate the judgment I should file 180 days after the judgment was entered against me my case was filed against me 6 years ago can I still file?

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NYCLAWYER

Attorney

Juris Doctor.

41,508 satisfied customers
I 't know if I've selected the correct lawyer - My mother

I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,

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Texas Atty

Juris Doctor

37,556 satisfied customers
What rule in nj would be used to show that insufficient

what rule in nj would be used to show that insufficient process was used that they should make reasonable attempts to serve a person

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Maverick

Doctoral Degree

7,766 satisfied customers
I was sued be an individual person I know and I counter sued

I was sued be an individual person I know and I counter sued her back. She didn't show up in so a judgement was filed against her. She then filed a motion to vacate the order of judgementn and it was denied but they let her reschedule the court date. I didn't show up for court because I thought my case against her was settled since they denied her motion to vacate the order. Well the judgement against her was thrown out and now there is a judgment against me. Today I have to show up for court and give my bank statements and paystubs. My question is what if I show up and don't give my infomation to them is there anything they could do to me if I refuse or lie and say I don't have a job or I don't have a bank account. Also why did the judgement against her just disappear. Her we both had judgements against each other we would have broke even but the courts removed her judgement after they sent me a notice saying her motion was denied.

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legalg

Juris Doctorate

17,630 satisfied customers
How much time do you have to file a motion to set aside an

How much time do you have to file a motion to set aside an order dismissing a chapter 13 case for failure to pay?

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304 satisfied customers
I filed bankruptcy in 2008. My home was not reaffirmed in

I filed bankruptcy in 2008. My home was not reaffirmed in the bankruptcy. I paid off my bankruptcy and the case was closed. I discovered that another company bought the mortgage and filed a foreclosure on me in November 2014. HELP!

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Terry L.

Partner

Doctoral Degree

2,972 satisfied customers
My Chapter 7 bankruptcy was dismissed to pay installment

My Chapter 7 bankruptcy was dismissed for failure to pay installment filling fee. I completely forgot and dont think thats a great reason. How would I better word this mistake on the motion to vacate dismissal and ask to pay the entire amount in 3 weeks?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
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