New! Questions & Responses

Legal Risks During Debt Collection

Dear AAFC: My client has an old medical bill that the collection agency turned over to an attorney. She received a letter titled Summons and she called the court and was told she had 20 days to respond to it. She sent a payment plan letter and check for the first payment but the attorney returned the uncashed check with a letter highlighting the entire debt balance as due. Will her wages get garnished now? Also, is her husband immune from garnishment since he is already being garnished for a different debt?

Debt Liability for Co-Borrowers

Dear AAFC: My client owns a home with a co-borrower. She also owns a small business that failed and she owes a lot of debt in her name only, which she would like to discharge in a Chapter 7 personal bankruptcy. Can she file without affecting the credit of her co-mortgager?
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