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New Collection Legal Questions

If I had a notice of levy on a bank account, should I file a claim of exemption with the levying officer/Sheriff even though I only have SS benefits in my account?

Although you are right that the social security benefits are protected and exempt under the law with regard to collection, you still should file the claim with the Sheriff (or whom ever is the levying

M.T.G., Member, New York Bar answered 3 hours ago

Can I have my wages garnished without having been served a writ of garnishment?

Ordinarily the judgment debtor does not get served with a writ of execution or garnishment before wages are garnished. Only the employer does. The debtor gets notice after the fact and based upon such

E.M., Member, California Bar answered 16 days ago

What to do if I've been divorced for almost 3 years and we had a timeshare and a car that were in both of our names but I defualted on the respective payments?

As a practical matter, if you are having financial problems your creditors have no incentive to release your ex-husband from liability from these debts. That having been said, since you are responsibl

M.D., Member, California and New York Bar answered 21 days ago

If I loaned an individual a money but the check was made out to his company, can file for company bankruptcy without being held responsible to pay me back?

What did the contract say? That is critical. If you paid the money to the company, then, in the absence of a contract, the assumption would be that the loan was to the company,  not him personall

SJZ, Member, New York Bar answered 1 month ago

What is my liability if my husband served time in a federal prison before we met and owed restitution as part of his sentence but it has not been paid off?

You personally are not liable for the $5,000 that you have written about. However, one half of the income you and your spouse earn as well as one half of the marital assets would be at risk for paying

E.M., Member, California Bar answered 1 month ago

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