eviction

Eviction Basics A landlord commonly files an eviction complaint when a tenant fails to make their rent payment. According to your state law there could be other statutory reasons for an eviction filing. When the landlord files an eviction complaint the presiding court will set a court date.  This first date is for a hearing…

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When dealing with Credit Card Debt a common question is “how long does the credit card company have to collect on the money that I owe?”  The short answer is that the statute of limitations in Ohio for a written contract is eight (8) years.  Ohio Revised Code § 2305.06 ‘Contract In Writing’  This means…

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This site has blogged before about how debt collectors cannot threaten to bring criminal actions for an unpaid debt.  While this is true for most debts, there is an exception for creditors who received a check that bounces.  If you are caught passing bad checks (i.e. you write a check to a creditor and it bounces) the creditor…

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Eviction, Bankruptcy and You A tenant being evicted from their residence used to have the option of filing bankruptcy to stop the eviction and remain in their dwelling.  Filing bankruptcy allowed the tenant to try and work things out with the landlord or at the least allow them more time to find another place to live.  However, since October…

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Automatic Stay Keeps You and Your Property Safe From Creditor The “automatic stay” goes into effect as soon as a debtor files for bankruptcy, and protects the debtor and the debtor’s property from all actions against the debtor or property, when the action’s purpose is to collect a debt.  The automatic stay prevents and ceases, any…

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Bankruptcy Can’t Stop Criminal Asset Forfeiture If you are facing asset forfeiture for a criminal act you have committed, don’t look to bankruptcy to take care of your problems.  Under the well-established relation-back doctrine, the Government’s interest in property vests at the time of the offense giving rise to the forfeiture, and the property subject…

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The automatic stay keeps creditors away!  The filing of a bankruptcy case automatically stays (or stops) virtually all collection and other legal proceedings pending against the debtor. After a bankruptcy case is filed, the court mails a notice to all creditors ordering them to refrain from any further action against the debtor. Any creditor who intentionally violates…

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A Quick Review of Chapter 13 Bankruptcy Chapter 13 bankruptcy is part of the bankruptcy code under which a debtor may repay all or a portion of their debts under the supervision and protection of the bankruptcy court.  During this time, creditors are prohibited from contacting the debtor and the debtor is protected from foreclosure, just as…

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  Chapter 7 v. Chapter 13: Find the Right Bankruptcy Filing for You How are Chapter 13 and Chapter 7 bankruptcy filing? Creditors are prohibited from contacting you while under the protection of the automatic stay, which goes into place upon the filing of either chapter; and Completion of the Credit Counseling Class is required…

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