0
Add your answer:
Earn +20 pts
What happens to second mortgage in foreclosure?
After the foreclosure of the first mortgage the second mortgage is wiped out as an encumbrance against the property but remains an unpaid debt against the mortgagor. The creditor can sue in civil court.After the foreclosure of the first mortgage the second mortgage is wiped out as an encumbrance against the property but remains an unpaid debt against the mortgagor. The creditor can sue in civil court.After the foreclosure of the first mortgage the second mortgage is wiped out as an encumbrance against the property but remains an unpaid debt against the mortgagor. The creditor can sue in civil court.After the foreclosure of the first mortgage the second mortgage is wiped out as an encumbrance against the property but remains an unpaid debt against the mortgagor. The creditor can sue in civil court.
Can you file bankruptcy against a social security overpayment debt?
It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 13 bankruptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee v. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
Which of the following is the proper order of events in a civil action?
Pleadings, Discovery, Pretrial Conference, Trial, Appeal.
What are proper order of events in a civil action?
Discovery, pretrial conference, trial, pleadings, appeal
How can you find out if a person is currently having their wages garnished?
Absolutely, go to your local court house and ask for the public records on this person. Some have public record computers they'll allow you to use. If someone is having his/her wages garnished due to a judgment it will show. The clerk will not supply a person's records. Anyone wishing to learn of a judgment, bankruptcy, restraining order or other legal action against a private citizen must do their own research of public records. Some information pertaining to issues which are criminal in nature (such as rape, sexual assault,crimes against minors) or civil matters pertaining to minors such as adoption proceedings are not made available for public scrutiny.
Is bankruptcy considered a civil action?
There are generally 2 types of court actions; Civil and Criminal. Criminal actions are they types where a jail term may be imposed and are prosecuted by the State. That is not the situation in Bankruptcy....hence it is civil.
What is a notice of bankruptcy and stay?
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
Is bankruptcy consider a criminal activity?
No. This is a civil action. Both crimes and civil actions can end up in a courtroom, but the major difference is that crimes can result in prison sentences, whereas a civil action can never result in a prison sentence.
How do you drop cases before trial?
It depends on the type of case. If you are a defendant in a criminal action, you can plead guilty. In a civil matter, you may be able to dismiss if you are the plaintiff, but only if there is no counterclaim against you. You'd need to talk to a lawyer in your area for specifics on your case.
Who brings action against the wrongdoer in a civil case?
The State
Can filing bankruptcy get a drivers license reinstated?
No....BK is a financial action and will not change any legal or civil thing like that
What is a court case that is not a civil action?
Judicial actions are divided into the civil (suits by persons against persons) and the criminal (actions by the state against persons). Criminal action (prosecution) is brought against individuals alleged to have violated criminal laws.
How do you file for a motion to dismiss for failure to answer a discovery?
You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..
Which comes last in the course of a civil case?
Motion to dismiss
Can you avoid criminal charges by filing bankruptcy?
No. Bankruptcy is a civil act.
Which battle did Lincoln use to take action against slavery?
Antietam
Can you file bankruptcy on a civil lawsuit judgment?
Bankruptcy can discharge certain types of civil lawsuit judgments, such as those related to debt or damages. However, there are exceptions for judgments related to fraud, intentional misconduct, or certain other offenses. It's best to consult with a bankruptcy attorney to determine if your specific judgment can be discharged.
