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About Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. We are well versed in Loss Mitigation practices and the legal collection process. We have helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. We actively promote Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience
28 years in financial services industry as a loan officer and debt collctor. Developed bankruptcy and loss prevention manual for large finance company for manager training. 15 years as a debt counselor and consumer advocate.

Education/Credentials
Veterans sponsored OJT Manager Candidate Scool for AVCO Financial Services, Keystones to Management for ITT Financial Services, Certified Finance Management for Associates Financial Services.

 
   

You are here:  Experts > Shopping > Credit/Debt Management > Creditors and Bankruptcy > Creditor Bank Levy

Creditors and Bankruptcy - Creditor Bank Levy


Expert: Michael Brotherton - 5/5/2009

Question
A creditor (Paul Harris) had a levied placed on my account for debt from 1998.  I tried to reach out to work out payment arrangements.  It has caused me to miss car payment, utility payments and my electricity is about to be shut off.  Is there anything I can do to pay the bill in installments, but have the levy released off my account.  I was already living pay check to pay check.  I found out that I have a court date of May 26th in Indianapolis, IN.  I live in Chicago, IL and do not have the means to get there.  Please help?

Answer
Do they have a judgment? Also, why would you have a hearing in Indianapolis if you live in Chicago? Federal law says they have to sue you in your county where you live. If they sued you in another area you may file for dismissal based on incorrect venue. and violation of Fair Debt Collection Practices Act.

Your motion to dismiss should also include a request to cancel the levy.

You may also file for a Chapter 13 and pay the creditor through the courts. Don't let this affect your livelihood, your home, or your ability to sustain yourself. Seek legal counsel and find out if you qualify for Bankruptcy. I'm not a proponent of bankruptcy but there are times when it is necessary. It sounds like this may be one of those times.  

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