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Showing results for tags 'Exemption'.
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OK... I am going to be brief as possible, and instead of my usually super-duper narrative, I'm going to summarize the facts, as time is of the essence, here. My mother is ill, and I am acting as sort of an "ombudsman" in the context of this issue. BACKGROUND: My mother is quite driven, always paid all debts on time.. Previous divorce, 1997, lost it all. Rebuilt credit, bought house, et cetera. Outstanding credit score until loss of income. she's currently going after SSDI with a great case. Husband works 6-7 days a week to pay mortgage, etc., since mother's loss of income. SITUATION My mom had a Capital One credit card. There was a balance of roughly $7,500 when she lost income. Account was closed. She tried to work with them on a payment plan, CapOne sent it to attorney's offices. Payments were being made monthly, $150, until she was unable to continue. Medical bills are horrendous. Just yesterday, Sunday May 16, she attempted to spend $3.49 at CVS, her Check Card was declined. Her husband had just deposited $1,500 to pay a different debt in full, so she expected a positive balance. She never overdraws... Upon calling the bank (Sandy Spring Bank) on Monday morning, they informed her that a "court attachment" had been placed on her account of approx. $7,500, this is the remainder, plus fees from CapOne MY QUESTIONS: -How is it that she received NO mail/service regarding the pending seizure of her personal checking account? -Why was the entire judgement taken out of her account? She had $1,600 balance. They should have been able to garnish THAT, but apparently, because she's now "overdrawn" by nearly $6,000, her debt to Capital One has become a debt to Sandy Spring Bank?? -The judgement against her was issued in December 2013 -The timeline of the garnishment is below: Today's date is May 19, 2014 BELOW is the verbatim copy from the Maryland Judiciary Court Search. Type: WRIT OF GARNISHMENT OF PROPERTY Complaint No.:001 Date: 04/17/2014 Comment:I;04292014;GRP;001;WRIT OF GARNISHMENT OF PROPERTY ;ATP Type: NOTICE SENT Complaint No.:001 Date: 04/29/2014 Comment:NOTICE OF WRIT OF GARNISHM. OF PROP. ISSUE (ATP)-U4 I am to understand that she may file a Motion in the Circuit Court for an EXEMPTION of up to $6,000 within thirty days of service. What I am supposing is the second date above being the date they mean for the 30-day-clock to begin ticking. Please, let me know how best to proceed. Everything I've read indicated that she should have received/been served SOME manner of written notice of the pending garnishment, or that such a motion by the plaintiff had been filed/granted. We got NOTHING to indicate this was in the works, as obviated by her recent deposits and surprise at having had her card declined which hasn't ever happened to MY knowledge... Are we still within thirty days to file for exemption? We are on our way to the courthouse now, I am typing this on my laptop in the car, so please excuse any artifacts and errors. THANK YOU for your time and attention, I look forward to any (serious) response, and I remain, Quite Sincerely, RPC
My parents live with me, and my father received a judgment lien against him handled by the law firm of Morgan and Pottinger, PSC. The lien is in HIS NAME, but the DEED IS IN MY NAME. 1) How do I get the lien removed? 2) Should I ask for an exemption under KRS 427.060, even though the house isn't HIS homestead? 3) Should I ask to have the judgment vacated? 4) Is there a totally different way to get this lien removed that doesn't involve motions and hearing? 5) What should I do, and how do I do it? I have no idea how to file either motion, nor the finances for an attorney.