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I owned a small co in Az from 1999 thru 2015. I gave my

I owned a small...

I owned a small co in Az from 1999 thru 2015 . I gave my daughter complete control of the co in 6/13 and she owned 51”%. I had to file Bk 13 and my co had to file Bk 11 . Co filed Bk 113/11 I filed Bk in 12/12 with my deceased spouse . My co and myself repaid all Bk debt court ordered in full . A woman of a 76 yr old man who drove his own truck for my company a 1099 empl ; from 2013 thru 2014 knowing we were in a Bk status is now trying to sue me, my daughter who lives in Az and my closed co for 68000 in wages she claims her spouse was not paid for . This woman is a scam artist and has attempted to sue other co her spouse Wk for . I have lived in Nv since 10/13 had no interaction with the daily activities of my former co and had signed Nothing not even a business Chk since 2006 . I live on soc sec and a minimum wage job , am 69 years old , my daughter in Az is unemployed and this woman has do it yourself sued us with a hearing date set in district court in nv apr 3. If we no show it is defaulted with a judgement on myself my daughter and a co closed since 2015. We do not owe this scam artist and do not know what to do to protect ourselves .

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

Nv

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

The woman first tried filing in Az because the co was an Az Corp. When that did not Wk she switched to Nv

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know how this type of phoney lawsuit can be filed on innocent parties and we also have never Recd any backup of this so called phoney debt she claims we owe from 2013 thru 2014 . She filed this claim in June of 2017. Three years after he left our company

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Customer reply replied 1 month ago
I do not care nor can afford a membership with your organization at this time. If you cannot answer my questions please cancel my request and destroy my credit card number . I am willing to pay for the advice but not to be bound into a membership. I don’t need these type of services I just need advice on this scam being done on me .
Thank you , please advise cost for just my answers on what to do to end this nightmare with this crazy woman who also added in fees since she filed June 2016 for her time to file her papers by herself 18000. Ridiculous ..
Answered in 18 minutes by:
3/17/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,271
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 1 month ago
Ok thk u

Here are answer forms to dispute this.

http://www.civillawselfhelpcenter.org/images/district-court/answer-debt-or-loan-nonfillable.pdf

Instructions

http://www.civillawselfhelpcenter.org/images/district-court/answer-debt-or-loan-instructions.pdf

If this debt was discharged in either of the two bankruptcies you can argue for dismissal.You may want to check the creditor lists for both.It is a valid argument here.

File your answer in the court where the suit was filed here in Nevada.This puts it all in dispute.

I appreciate the chance to help you.If you can positive rate5 stars when we are due it is much appreciated.

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Customer reply replied 1 month ago
I think you wd be better off calling my daughter as I was not even involved with the co on a daily basis of this mess . I have no backup, my daughter has it all , I just got pulled into it because I was49 % owner.
If I could give you her Tel number you could call her . This persons wages were not included in any Bk because he Wk for us after our Bk was filed and 1099 each year and never responded of any further debt was owed yet he knew we were in reorganized Bk on both co and myself personally . His wife is suing for wages she claims not paid to him in 2013 thru 2014 yet accepted a 1099 for each year .
Customer reply replied 1 month ago
Did you read this?

You are both parties here if you were both served or had ownership interests.Both of you should respond here, this is a valid debt since it wasn't discharged.

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You can argue the facts with daughter that this is not valid.Make sure you file answers here.

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Customer reply replied 1 month ago
Why wd I argue facts with daughter? She agrees and has his pay records along with 1099 he accepted at end of each year in 2013 and 2014. Why would anyone wait for three years after being paid to sue on a employer who has been closed for two years ? Am not sure you understand this case with your answers . Plz advise or I will get my daughter to pick up on this where I leave off do she can give you more info in order to get an answer to our ? Please advise

They can sue you after this period of time.Likely not collectible on their part.You and daughter here would both file answers and both present as both are parties to the suit.If you had 49% here you are personally liable as daughter.So make sure both of you file answer and defend yourselves.They are likely seeking personal judgment against both of you here and any assets you might come into.

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I am referencing that both you and daughter here need to dispute the facts of the suit by your answer, testimony,etc.

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Under Nevada law, some of the types of income and property that a creditor cannot take to pay a judgment include:

  • Money or payments received pursuant to the federal Social Security Act, including retirement, disability, survivors' benefits, and SSI. (NRS 21.090(1)(y) and 42 U.S.C. § 407(a).)
  • Money or payments for assistance received through the Nevada Department of Health and Human Services, Division of Welfare and Supportive Services, pursuant to NRS 422.291. (NRS 21.090(1)(kk) and 422A.325.)
  • Money or payments received as unemployment compensation benefits pursuant to NRS 612.710. (NRS 21.090(1)(hh).)
  • Money or compensation payable or paid under NRS 616A to 616D (worker's compensation/ industrial insurance), as provided in NRS 616C.205. (NRS 21.090(1)(gg).)
  • Money or payments received as veteran's benefits. (38 U.S.C. § 5301.)
  • Money or payments received as retirement benefits under the federal Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS). (5 U.S.C. § 8346.
  • Seventy-five percent (75%) of the judgment debtor’s disposable earnings; or eighty-two percent (82%) of the disposable earnings if the judgment debtor makes less than $770 per week. "Disposable earnings" are the earnings remaining "after the deduction . . . of any amounts required by law to be withheld." (NRS 21.090(1)(g)(1).) The "amounts required by law to be withheld" are federal income tax, Medicare, and Social Security taxes.
    • If the judgment debtor’s disposable weekly earnings to do not exceed $362.50 or 50 times the federal minimum wage (50 x $7.25 = $362.50), then ALL of judgment debtor’s disposable earnings are exempt. (NRS 21.090(1)(g).)
    • If the judgment debtor’s disposable weekly earnings are between $362.50 and $483.33, exempt income is always $362.50. The judgment debtor’s non-exempt income is his weekly disposable earnings minus $362.50.
  • Money or benefits received pursuant to a court order for the support, education, and maintenance of a child, or for the support of a former spouse, including arrearages. (NRS 21.090(1)(s)-(t).)
  • Money received as a result of the federal Earned Income Tax Credit or similar credit provided under Nevada law. (NRS 21.090(1)(aa).)
  • $10,000 or less of money or personal property, which is not otherwise exempt under NRS 21.090. (NRS 21.090(1)(z).)
  • Money, up to $1,000,000, held in a retirement plan in accordance with Internal Revenue Code, including, but not limited to, an IRA, 401k, 403b, or other qualified stock bonus, pension, or profit-sharing plan. (NRS 21.090(1)(r).)
  • All money, benefits, privileges, or immunities derived from a life insurance policy. (NRS 21.090(1)(k).)
  • Money, benefits, or refunds payable or paid from Nevada's Public Employees' Retirement System pursuant to NRS 286.670. (NRS 21.090(1)(ii).)
  • A homestead recorded pursuant to NRS 115.010 on a dwelling (house, condominium, townhome, and land) or a mobile home where the judgment debtor’s equity does not exceed $550,000. (NRS 21.090(1)(l).)
  • A dwelling, occupied by the judgment debtor and his family, where the amount of his equity does not exceed $550,000, and he does not own the land upon which the dwelling is situated. (NRS 21.090(1)(m).)
    • If the judgment being collected arises from a medical bill, the judgment debtor’s primary dwelling and the land upon which it is situated (if owned by the judgment debtor), including a mobile or manufactured home, are exempt from execution regardless of the amount of equity. (NRS 21.095.)
  • A vehicle, where the amount of equity does not exceed $15,000, or the judgment debtor will pay the judgment creditor any amount over $15,000 in equity. (NRS 21.090(1)(f).)
    • If the judgment debtor’s vehicle is specially equipped or modified to provide mobility for him or his family due to a permanent disability, the vehicle is exempt regardless of the equity. (NRS 21.090(1)(p).)
  • A prosthesis or any equipment prescribed by a physician or dentist for the judgment debtor or his dependents. (NRS 21.090(1)(q).)
  • A private library, works of art, musical instruments, jewelry, or keepsakes belonging to the judgment debtor or his dependents, not to exceed $5,000 in value. (NRS 21.090(1)(a).)
  • Necessary household goods, furnishings, electronics, clothes, personal effects, or yard equipment, belonging to the judgment debtor or his dependents, not to exceed $12,000 in value. (NRS 21.090(1)(b).)
  • Money or payments received from a private disability insurance plan. (NRS 21.090(1)(ee).)
  • Money in a trust fund for funeral or burial services pursuant to NRS 689.700. (NRS 21.090(1)(ff).)
  • A professional library, equipment, supplies, and the tools, inventory, instruments, and materials used to carry on my trade or business for the support of the judgment debtor and his family not to exceed $10,000 in value. (NRS 21.090(1)(d).)
  • Money that the judgment debtor reasonably deposited with his landlord to rent or lease a dwelling that is used as his primary residence, unless the landlord is enforcing the terms of the rental agreement or lease. (NRS 21.090(1)(n).)
  • Money or payments, up to $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent. (NRS 21.090(1)(u).)
  • Money or payments received as compensation for loss of the judgment debtor’s future earnings or for the wrongful death or loss of future earnings of a person upon whom the judgment debtor was dependent, to the extent reasonably necessary for the support of the judgment debtor and his dependents. (NRS 21.090(1)(v)-(w).)
  • Money or payments received as restitution for a criminal act. (NRS 21.090(1)(x).)
  • Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270. (NRS 21.090(1)(jj).)
  • Child welfare assistance provided pursuant to NRS 432.036. (NRS 21.090(1)(ll).)
Ray
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Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 1 month ago
Thank you so much for your help
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