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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

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MY spouse is going to file bankruptcy. She has lived in

MY spouse is going to file bankruptcy. She has lived in Florida for over a year. She owns a home in Ohio where we moved from that is in foreclosure. I own my house in Florida, the mortgage is in my name only. She is confused because lawyers in Florida tell her to file in Ohio since she doesn't have property in Florida and Ohio lawyers tell her to file in Florida since she has worked there for over a year. She currently still has an Ohio drivers license. She is retired, small public pension, and works part-time. All of her debts are hers, no joint debt. Where should she file? Thank you.

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Taylor

Attorney

Juris Doctor

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My mom's credit card has gone to in-house collections.

My mom's credit card has gone to in-house collections. She has total debt of $23,200 on the card. Before it went to in-house collections, the most I could get them to settle for is 50%. Chase is her only creditor.The NUMBER ONE concern is for my brother. He loaned my mom 35K for house payments, bills and repairs to get the house sold. She paid him back when the house sold t in September 2015. She then stopped making payments to Chase because she did not have the money to do so.1) Is there any time that must go by where my brother' 35k would NOT be considered as part of a bankruptcy? That is, would he have to give any of the 35k to Chase?2) If they sued my mom, could they touch my brother?3) If she decided to declare bankruptcy, would my brother be impacted in a negative way?My brother loaned her $35,000 for house payments and fixing up the house, so she paid him back first. She absolutely does not want my brother to be dragged into any of this, or get screwed if she gets sued.She is on Soc. Sec. and has a small pension from a divorce which I believe are untouchable. $1354 is here monthly income and she now has $18K left from selling the house.1)In bankruptcy would her income be a factor2) In bankruptcy, would the lose the 19K of savings anyway? But she did sell her house back in Sept. of 2015. Would I lose my savings to Chapter 7 regardless?Thanks for any help you can give!!!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I filed BK in Aug 2015, however, the court requested my

I filed BK in Aug 2015, however, the court requested my unfiled 2013 taxes. I had not filed my taxes for 2013 because it was so complicated for me at the time. I received a lump sum pension of $83,000 due to a job loss and opening up a restaurant to try to make a living we ended up losing it all in business expenses.The bk has been dischared but the trustee is asking to get the taxes filed immediately and submit to the court all of the refund if any.1. Do I have to give all or a portion if there is a refund since we are in 2016?2. If I end up owing taxes is that covered under the BK filed 2015?Thank you,Nancy

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RONB-ESQ

Juris Doctorate

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Is income from a retirement fund exempt from seizure in a

Is income from a retirement fund exempt from seizure in a judgment of credit card suit in Texas?

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mmdesq

Attorney

Doctoral Degree

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A sixty four year old lady came to me help. She has 153000

A sixty four year old lady came to me for tax help. She has 153000 in credit card debt. She is self employed and probably makes 60-100k per year, but it is variable. ... She may not be able to maintain this inocme as she get older. She has virtually noassets. She has two old cars worth 6k and a computer she uses to write, which is her self employed income. She owed IRS 40k previous to 2014. Was on installent agreeemtn.She just added on 29k this for 2014. She cannot pay this and has to get a new installmentagreement. She has no pension, no home, no other major assets. .. Can she get out of credit card debt wtih a Chapter 7? She has paid off her principal many times over over the years. She thinks because she makes a decent, if irregular, income, she can't useChapter 7 and will be forced onto payment plan. I suspect because of her age and her lack of assets she could do Chapter 7. Could she get out of credit card debt with Chapter 7? Could she keep her computer for work? How about car/cars? How difficult wouldit be to do? What is the downside for her? Dave

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mmdesq

Attorney

Doctoral Degree

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912 satisfied customers
Do I get a notice if a creditor wants to garnish my savings?

Do I get a notice if a creditor wants to garnish my savings? I am retired, so I've been told that my pension and social security cannot be garnished.I have a dispute with the creditor -- whom should I contact regarding this liability?

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4,348 satisfied customers
Do I get a notice if a creditor wants to garnish my savings?

Do I get a notice if a creditor wants to garnish my savings? I am retired, so I've been told that my pension and social security cannot be garnished.I have a dispute with the creditor -- whom should I contact regarding this liability?

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37,726 satisfied customers
My husband and I have filed chapter 7 and the original plan

My husband and I have filed for a chapter 7 and the original plan was for us to do this before we filed for divorce (I told him back in Jan. 2015 that I wanted to get a divorce) because our attorney said he would not qualify for a chapter 7 alone becausehis income is to high. I am on SSI disability, so we do qualify together. He has always been emotionally and verbally abusive towards myself and our children. He has also bullied me because my physical condition does not allow me to work or do the things Iused to be able to do at home. My energy and stamina is very low about 75% of the time and I'm in chronic pain. My pain gets worse and is aggravated when he yells at me or my children and especially when he starts in with the above stated abuse towards me.My questions are, #1) Since we have not yet met w/the trustee for our case, but the case has been filed, can I back out of the chapter 7? #2) So if I go ahead and file for the divorce, we obviously will still be responsible for the $74,000.00 in unsecureddebt, during the settlement of the divorce, will the judge split the debt 50/50 or will it be based on my disability + child support+ spousal support income (I will be entitled to once our divorce is final). verses his income which is $140,000.00/yr.(His salarybased before paying any support to me)? #3. He has already opened a new bank account which he has had his direct deposit changed to be put this account, which I have no access. Is this legal for him to do this since we are still married and we have sharedthe same account for the 15yrs we have been married? He has done many things financially behind my back and continues to be abusive to me, so this is why I'm thinking, why should I do him any favors by going along with the chapter 7. I have NO family livinganymore and none of my friends are in a financial place to help me. I'm just wondering what the best thing for me to do is and am in need of the legal answers the above questions? If you can't answer all of them can you find out the answers from a family attorney?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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