Join the 9 million people who found a smarter way to get Expert help
Recent Motion to Vacate questions
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,
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.
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!
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?
If a bankruptcy case is dismissed I understand that a party
If a bankruptcy case is dismissed I understand that a party can file a motion to vacate dismissal or simply re-file the bk. Can an emergency automatic stay be put in place prior to the ruling to vacate the dismissal? For example, can a motion be filedfor immediate reinstatement of the automatic stay prior to the ruling to vacate the dismissal?
I filed a chapter 7 in the state of california in january due
I filed a chapter 7 in the state of california in january due to, too many creditors not willing to work with me and some of them retaining lawyers to threaten suits. I made a deal with law offices prior to filing and then a string of bad luck entered more creditors into the picture so i could not keep up on the commitments i initially agreed. However I only signed with one lawyer a agreement and i paid him 14k of the 16 owed he did not contest the chapter 7. I received a discharge may 10th approx. One law firm who was listed in my chapter 7 and was told to speak to my bankruptcy attorney did so during the filings. Once it was complete they refiles a motion to set aside and vacate the notice of settlement and reinstate the proceedings: memorandum of points and authorities declaration of "attorneys name" CCP 473 and proposed order june 24th 2015 at courthouse such and such.they listed the motion is based on the grounds that the notice of settlement was filed prematurely due to fast of counsel. (i never signed an agreement)My question is, is it legal for them to do this after a chapter 7 which they were listed in (shouldn't it go to bankruptcy court if they were?)question 2. there is a court date for tomorrow morning but is this something i need to show up to? this line threw me offTO ALL INTERESTED PARTIES AND TO THEIR ATTORNEYS ON RECORD:PLEASE TAKE NOTICE THAT on June 24th 2015 8:30am dept s36 of the above "the plaintiff" will move this court for an order to set aside and vacate the january 7th 2015 notice of settlement of the herein action and reinstate proceedings.does this mean if i don't show up i default? and also why didn't they send this to my lawyer who they were discussing my chapter 7 with? The only possible answer I can think of is that they know the chapter 7 is discharged and the lawyer i had was only hired for the BK filing.
CA. BK question; Bank foreclosed on the home owner who wasView more bankruptcy law questions
CA. BK question; Bank foreclosed on the home owner who was in bankruptcy and has 100% confirmation/proof the bank was served notice of such. Then after the sale wherein the property went back to the bank. The home owner served a NON filed motion that sheis about to file with the bk court with a cover letter to the banks lawyer asking if they want to rescind the sale thus resolving the matter. This letter she sent STOP the eviction they had started BUT it also caused the Bank to files a motion for relief (MFR)from stay Requesting to make to WHOLE THING RETROACTIVE TELLING THE COURT THEY HAD NO KNOWLEDGE OF THE BK thus getting them off the hook. The home owner timely files a opposition to their motion pointing out the real facts with copies of the fax transmittals,phone bills and loge of each person that was talked to who confirmed getting the BK notice, all showing they were served before the sale. . The MFR hearing was set for the 21the BUT before the hearing took place the court dismissed the case on 10-17-14 dueto the fact that the debtor failed to go to her 341 meeting. Thus there was no case hearing on the 21st. End of case BUT the bank has just now served the owner with copy of what they filed on filed in the BK court on 10-23-14 = :NOTICE OF LODGMENT OF ORDERIN BANKRUPTCY CASE” . stating: “ PLEASE TAKE NOTICE THAT THE ORDER TITLED ORDER GRANTING MOTION FOR RELIEL FROM THE AUTOMATIC STAY UNDER 11USC (REAL PROPERTY) WAS LODGED ON 10-23-14 AND IS ATTACHED. THIS ORDER RELATES TO THE MOTION WHICH IS DOCKET NUMBER 17.”. The debtor had no knowledge of any hearing on 10-23-14 and in looking on pacer there is nothing on the docket sheet showing any notice of a hear or a hearing on the 23rd. What should the debtor do now?