Legal Tips & Commentary

How often and how many times can I request a debto...

2012-03-20T08:15:24.345-07:00

How often and how many times can I request a debtors exam

Carl, I have situation where JD is prohibiting ba...

2012-03-19T16:32:00.904-07:00

Carl,

I have situation where JD is prohibiting bank levy from being executed by filing 3rd party claims w/ Sheriff. Aside from filing bond for each claim (at $10K/claim!) and Decl stating why 3rd party claims don't have priority, is there anything else I can do so levy can be executed?

It almost never makes sense to pay to get a PhD. Y...

2012-03-15T19:23:57.922-07:00

It almost never makes sense to pay to get a PhD. You should get paid to do one.

The settlement process, often called an offer in c...

2012-03-08T21:56:55.940-08:00

The settlement process, often called an offer in compromise, underwent a massive change with the passage of the Tax Increase Prevention and Reconciliation Act of 2005. Starting July 16, 2006, the new rules go into affect and they are a bear. The biggest issue is you now must pay 20 percent of your offer amount to even have the settlement offer considered!

Go with USAA, as matter of fact, I encourage every...

2012-03-06T17:33:57.503-08:00

Go with USAA, as matter of fact, I encourage everyone to close their NFCU account and bank with USAA. USAA has much better customer service than Navy federal

I am general contractor. I was in a middle of an ...

2012-03-05T20:35:44.365-08:00

I am general contractor. I was in a middle of an apartment remodel. My client is a non profit. There funding was frozen from there grant, which comes from City government. This freeze lasted six months. They asked me to wait until unfrozen. When unfrozen a (new executive director) decides to break my contract and choose there friend. Am I screwed by 90 day day rule.

I received a voluntary lien from CitiBank for real...

2012-03-05T11:27:18.967-08:00

I received a voluntary lien from CitiBank for real property. I am a renter and do not own any property. They had threatened to sue me before, I agreed to pay them a monthly amount to avoid court, I became unemployed-couldn't pay them and stopped. This involuntary lien showed up. I thought they would have to summon me to court again and get a judgement to do this!

To the ones who keep getting harrased by phone cal...

2012-02-29T11:05:23.377-08:00

To the ones who keep getting harrased by phone calls and are in bankruptcy with a attorney. Oh my god change your phone number and only provide it to your attorney since they are not allowed to contact u because of bancruptcy laws and you have a attorney. So you cause the added stress on yourselves. If the law says they cant call you then change number and then they have no choice but to contact your lawyer. Im a nfcu member here is some advice. If the loans are only in 1 persons name and you are on joint acct then you open your own acct leave the person on the loans off your acct and use it as a emegency acct and if you need to keep your money transfer it online to your acct and then because the the person on the loans is not tied to your acct they cant touch the money. My husband is service member im a joint acct holder on his acct but i am not on his loans. So i opened my own acct solely in my name if i get in a rough patch etc i transfer all his money into my acct and it cannot be touched because 1 i am not on loans 2 he is not on my acct. And guess what we still have our money i pay them when im ready not when they think they can this is how we tell them to fuck off ha ha. Not saying we dont pay our loans but there are times a unexpected home repair comes up and you need to be able to use that loan money and if they refuse defferment then thats what we do doing it for years. Their are ways around the nfcu loan crooks just be smarter than them!!!!!

My bank put on hold $4000 as per the law firm of P...

2012-02-28T21:54:30.756-08:00

My bank put on hold $4000 as per the law firm of PATENAUDE & FELICITY, A.P.CA. Can the bank do this. I have not received any papers from court.All I received is a letter from the law office staying that they have a settlement program to reduce the balance 45%. This is a balance that I don't remember having. Please advice

Can you dispute more than 1 item at once?

2012-02-25T18:51:37.536-08:00

Can you dispute more than 1 item at once?

What if you have a lot of debt? What difference w...

2012-02-25T18:34:18.962-08:00

What if you have a lot of debt? What difference would a will make then? Are there really states where probate doesn't matter?

Can an application for issuance of writ of executi...

2012-02-21T22:25:12.875-08:00

Can an application for issuance of writ of execution be filed by mail or must it be in person with the county clerk?

Also, is there a sample to follow for filling in section "and provides as follows:"? I have no idea what to type into the form.
Thank you.

At least they're doing something to control th...

2012-02-02T22:17:38.221-08:00

At least they're doing something to control the disputes. It all depends on the implementation.

Settling our debts can be overwhelming especially ...

2012-01-30T01:00:36.194-08:00

Settling our debts can be overwhelming especially if we do not have the means to do so. Other would opt to this by having a firm that will act in their behalf. These insights you provided in settling debts using a credible firm are very informative. These would be of great use to many since you provided information that they might withhold during the negotiation. Thanks for sharing a very relevant article.

This becomes a more serious matter when you person...

2012-01-25T22:57:30.802-08:00

This becomes a more serious matter when you personal details are sagged for IRS recovery process and before the recovery you have to face many problems.

Before an insolvent company or person gets involve...

2012-01-25T07:47:27.107-08:00

Before an insolvent company or person gets involved in insolvency proceedings, it will likely be involved in more informal arrangements with creditors, such as making alternative payment arrangements. Insolvency can arise from poor cash management, a reduction in the forecasted cash inflow or from an increase in cash expenses.

I reside in California I recently received notific...

2012-01-20T10:10:22.151-08:00

I reside in California I recently received notification of an Abstract of Judgment placed on my real property from Amex. I owe them approx. 10k the house is worth about 220k I owe about 240k. I am in the process of filing bankruptcy Chapter7 will this remove the lien as well?

I'm involved in a short sale. Last October 21 ...

2012-01-13T11:30:22.299-08:00

I'm involved in a short sale. Last October 21 the seller filed for Chapter 7. One of his creditors, Amex has a lien on the house. BofA and Equator have approved our counteroffer and just gave a closing date of March 15. The realtor says that the lien will be removed by the trustee before the bankruptcy goes through. I see no evidence of this. In addition, if no protest is filed by next Friday the 20th the clerk of the US Court said the bankruptcy would go through in 5 business days from then. What happens to the short sale if he is already bankrupt before we close?

I am a six year Navy Veteran and was in the servic...

2011-12-14T12:24:02.832-08:00

I am a six year Navy Veteran and was in the service during Operation Enduring Freedom. I had a checking account that was charged off in the amount 160 dollars. I called the collections department and paid the debt in full as it is noted on my account "Paid In Full". Now I recently opened another checking account after being ineligible for one for two years and my savings and NEW checking account was debited by NFCU $160. The transactions were marked Adjustment DR. The guy I talked to in collections was very rude and threatening when I made the payment I asked when I would be eligible for another checking account and he said probably never or a while. This is upsetting to me because I am in college right now and feel like I am being robbed by this employee or department because they are doing such a crappy job. No Communication!

Hi I received an earnings withholding from an ex l...

2011-12-11T13:13:33.415-08:00

Hi I received an earnings withholding from an ex landlord. I never knew I had a case against me. I filed a claim exemption in December 2010 to the sherries office telling them to withhold nothing. They got no response from the ex landlord in ten days so the sent Hr a letter saying do not withhold anything void the other form sent. Now a year later I have the a with holding order AGAIN? Can they do that? Since they didn't respond ? I'm in California. Thank You for the help.

My experience has been the same. Most of my pract...

2011-12-01T09:12:18.798-08:00

My experience has been the same. Most of my practice is now consumer bankruptcy and I don't do much ADA litigation anymore. However, the attorneys who file the cases never follow up to see if the repairs have been made. I think there should be a "safe harbor" clause requiring notice to the property own to get the fixes made.

If the property remains willfully out of compliance after receiving notice, then they will get no sympathy from me.

You cant throw stones when you live in a glass hou...

2011-12-01T09:05:59.970-08:00

You cant throw stones when you live in a glass house.In all of the ADA cases I've defending, the attorney accepted the monetary settlement and I never heard from them again. Not once has the attorney ever followed up to make sure that the agreed upon access improvements were ever made.I have yet to see a single instance of a property owner that was intentionally out of compliance with the ADA. Every owner that I have represented gladly would have made the necessary changes without a lawsuit. And in every ADA case that I've ever settled, I've never seen the opposing attorney follow up to see if the repairs were actually made. I was trying to put his harness on in an empty parking space when a man started pulling into the spot. Did they think he was going to say anything different. News stories happen all the time with conflicting reports.

I received a contract from a company sent certifie...

2011-11-15T10:09:10.291-08:00

I received a contract from a company sent certified 20 day prelims to general, lender and owner. just received a e-mail saying there is no lender but signed contract indicates there is a lender. General wants me to simply re send a new 20 day prelim with no explanation or contract changes. Born yesterday

I currently have a 1st and 2nd loan on my house. ...

2011-11-03T06:48:18.068-07:00

I currently have a 1st and 2nd loan on my house. After declaring Bankruptcy i know longer recieved bills from my 2nd mortgage loan. Should i be concerned? my 1st mortage is 160,000 and my 2nd is 40,000, my home is currently worth according to the auditor 165,000.

Yellow Crook is a well deserved name for Yellow Bo...

2011-10-23T16:01:32.103-07:00

Yellow Crook is a well deserved name for Yellow Book. Their errors in advertising adversely affected my business volume and reputation. I won a small judgment against them in court, which they and their lawyer have ignored and never paid.

I agree with the volume of comments about the lack of basic integrity and business responsibility of this horrible company. NEVER DO ANY BUSINESS WITH YELLOW BOOK!