No one wants a DUI conviction on their record. So you may be wondering how to get your DUI dismissed. Whether you believe you were sober enough to drive, the officer made a mistake, or the chemical test instrument’s result (commonly known by the brand name “Breathalyzer”) was inaccurate, beating a DUI is possible under certain circumstances. What follows is a discussion of several ways your attorney may be able to help you get your DUI charge dismissed. Remember, every case is different and there are no guarantees, but here are a few common reasons for a dismissal. A police officer must have reasonable suspicion a crime, even a minor traffic violation, has been committed to lawfully pull you over for a traffic stop. Reasonable suspicion can be anything from speeding, weaving, and erratic driving, to the officer observing a mechanical violation on your vehicle such as a broken taillight. If the officer doesn’t have the basis for reasonable suspicion, any evidence obtained as a result of the unlawful traffic stop can be suppressed under the Fourth Amendment. This includes the results of any chemical tests and field sobriety tests you may take, and even your words to the police officer. Challenging the Field Sobriety Tests Chemical Test Results DUI charges should be dropped: As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police. If you have been arrested for DUI, especially if it is your first DUI, it can be a very frightening and confusing time. Whether you had only a single drink or not, the results of a DUI arrest can be the same and you should fight DUI if possible. However, taking the correct steps immediately after your arrest is vital to your protection and the outcome of your trial. Step 4: Request a DMV hearing. Provo Utah DUI LawyerWhen you need legal help to fight against a DUI charge in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Vicarious Liability And Independent Contractor Law How Much Is It To Copyright A Logo? What Are The Top Reasons For Divorce? How Do You Find Out If You Are A Beneficiary Of A Bill? How Long Does A Garnishment Last? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-provo-dui/
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Wage garnishment happens when court orders that your employer withhold a specific portion of your paycheck and send it directly to the creditor or person to whom you owe money, until your debt is resolved. Child support, consumer debts and student loans are common sources of wage garnishment. Your earnings will be garnished until the debt is paid off or otherwise resolved. Types of wage garnishment and how it happens The court might mandate that the creditor send you a notice of court proceedings to collect the debt. The creditor must then wait for a specific period, such as 15 days after the mailing, before filing the wage garnishment. Depending on your state, the court may allow the creditor to file the garnishment after it obtains the judgment, without notifying you first. When filing the garnishment, the creditor includes on the form the awarded amount including interest and your employer’s name and address. The sheriff or other local official serves your employer with the garnishment. Government agencies, such as the Internal Revenue Service and the U.S. Department of Education, do not need a court order to garnish wages. However, they must take certain steps to implement the garnishment. For example, before levying your wages for delinquent taxes, the IRS sends you a levy notice at least 30 days prior to the levy. You may request a hearing to plea your case within 30 days of the levy notice. If a creditor is garnishing your wages to pay off a money judgment, tax debt, or student loan obligation, you probably want to know when the wage garnishment will end. The wage garnishment will end when you: • the date of entry of the judgment Writ Of Garnishment LawyerWhen You Need Legal Help with a Writ of Garnishment in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Exhibition Of Speed Defense Attorney How Much Should I Pay For Estate Planning? What Does Temporary Separation Mean? What Does It Take To Be Legally Separated? What Are The Top Reasons For Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-long-does-a-garnishment-last/ When a couple gets married, it’s generally a happy time in their lives and they don’t think about divorce. Despite this hope, sometimes divorce is necessary for the health and sanity of both parties. The old axiom of about 50% of marriages ending in divorce has been found to be inaccurate, but a good number of marriages still don’t last forever. If you have children, child custody and child support are important parts of the case that will keep you and your former spouse in family court until the children are adult that aren’t eligible for child support, which in Utah can be ordered until they’re 21 years old. Divorce is very common in the United States with almost half of all marriages ending in divorce or permanent separation. Commitment has been shown to be a clear factor in why some couples stay together. There are times when divorce is necessary, but those in other circumstances often later indicate they wish they would have tried harder before divorcing. There are many factors that place a couple at higher risk for divorce. It may be helpful to know some of the statistics and findings outlined below. Researchers estimate that 40%-50% of all first marriages will end in divorce or permanent separation and about 60% – 65% of second marriages will end in divorce. Although divorce has always been a part of American society, divorce has become more common in the last 50 years. Changes in the laws have made divorce much easier. The highest divorce rates ever recorded were in the 1970s and early 1980s. Divorce rates have decreased since that time, but still remain high. What factors are associated with a higher risk for divorce? • Parents’ divorce: Unfortunately, experiencing the divorce of your parents doubles your risk for divorce. And if your spouse also experienced their parents’ divorce than your risk for divorce triples. This does not mean you are predisposed to having your marriage end in divorce, only that you may need to be more aware of your marriage trends and work harder for a successful marriage. Abuse Addictions Infidelity Divorce Lawyer In UtahWhen you need legal help with a divorce in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How Do You Survive Bankruptcy? Can I Lose Custody Of My Child For Adultery In Utah? Can You Drive After A DUI Before Court Date? Exhibition Of Speed Defense Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-are-the-top-reasons-for-divorce/ Forbearance agreements, repayment plans, and loan modifications are mortgage workout options that borrowers can use to avoid foreclosure. In a forbearance agreement, the loan owner (“lender”) agrees to reduce or suspend your payments for a set amount of time. With a repayment plan, the lender temporarily increases your monthly payment by adding part of the overdue amount to your current payments so that you can get caught up on the loan. In a modification, the lender typically lowers your monthly payment and brings the loan up to date by adding any past-due amounts to the balance of your debt. How Forbearance Agreements WorkWhile a loan modification is a permanent solution to unaffordable monthly payments, a forbearance agreement provides short-term relief for borrowers. With forbearance, the lender agrees to reduce or suspend mortgage payments for a while. During the forbearance period, the servicer (on behalf of the lender) won’t initiate a foreclosure. In exchange, the borrower must resume making the full payment at the end of the forbearance period, and typically get current on the missed payments, including principal, interest, taxes, and insurance. You can usually: A Modification Permanently Changes the Loan TermsA loan modification is a permanent restructuring of the loan where one or more of the terms are changed to provide a (hopefully) more affordable payment. If you’re currently unable to afford your mortgage payment due to a change in circumstances, but you could make a modified payment going forward, this option might help you avoid a foreclosure. How to Qualify for a ModificationGenerally, to get a loan modification, you must: Forbearance Does Not Stop ForeclosureA forbearance agreement with the mortgage lender’s loss mitigation department usually does not take the borrower out of foreclosure. Forbearance simply causes the bank to “postpone” or “continue” the foreclosure sale until the payments are completely caught up. If the borrower does not comply with the exact terms of the forbearance agreement (a few days late, a few dollars short), the foreclosure sale takes place immediately (often within days). Forbearance agreements are essentially a way for mortgage lenders to squeeze more money out of a borrower. Due to the loose California foreclosure laws, lenders often disguise a last grab at the borrowers’ money as a “workout plan” for the loan, knowing they will be foreclosing on the property anyway. Forbearance agreements are stacked against the borrower and almost always result in foreclosure. Most borrowers would be better off with just about any type of arrangement, other than a forbearance agreement. In rare cases, the lender may offer an affordable forbearance agreement, but it quite uncommon. Many of the bankruptcy cases filed by this office are the result of borrowers entering into forbearance agreements with mortgage lenders without understanding the implications. The Difference Between Forbearance and Amending a LoanThere is a very specific difference in granting forbearance and amending the terms of a loan. For example, if the maturity date of a loan comes due and the debtor has not fully repaid the loan, the lender can change the terms of the loan to extend the maturity date. By making this amendment, the lender has ensured that the loan does not enter into default and that he or she keeps the terms of the loan in place. When the lender amends the loan, the debtor must still make payments according to the terms of the original loan. When a forbearance agreement has been issued, the parties temporarily put the terms of the loan on hold. By entering into a forbearance agreement, the borrower states that they have defaulted on the terms of the loan. However, through this agreement, they agree to resume the payments on the loan after the forbearance period. In return, the lender acknowledges the default but refrains from pursuing collections during the forbearance period. In many cases, the lender will attach certain conditions to the loan and the borrower for allowing the forbearance. These may include continued interest accrual during the forbearance period, repayments at a higher interest rate when the loan resumes, or additional security for the loan. If the borrower does not resume payments on the loan at the specified date, the lender will be able to sue for breach of contract and collect the debt on the loan under the terms of the original loan agreement. Loan Is in Default Release of Liability Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can I Sell My House To Stop Foreclosure? Should You Plead Guilty To A DUI? Exhibition Of Speed Defense Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/forbearance-lawyer/ Exhibition of speed” refers to what most people would think of as “drag racing” or “street racing.” To facilitate criminalizing the activity, most courts have expanded the traditional definitions of drag racing in current anti-racing ordinances. Exhibition of speed is a type of reckless driving, when a person drives a vehicle at a rate of speed or in a manner that shows disregard for the safety of people and property. The traditional notions of drag racing and exhibitions of speed often hold that there are more than one driver and or an audience to watch, often at illegal sideshows. Modern laws tend to eliminate the multi-car and audience requirements. Today, Exhibition of Speed is largely defined as displaying an unlawful amount of speed on public streets or highways while operating a motor vehicle. Common Elements of Exhibition of SpeedStates differ on what acts are considered racing or exhibitions of speed. Generally, most states have these elements in common. Possible Defenses • Intentional: You cannot be convicted of exhibition of speed if you didn’t intend to drive your car in the illegal manner. For example, if you are a new driver or have recently rented a car that has a lot more power than you are used to and you accidentally accelerate too quickly, you are not guilty of an exhibition of speed. The prosecution must show that you intended to unreasonably accelerate or engage in prohibited activity. • Absolute speed limit — The absolute speed limit is the posted speed limit in an area. You break the absolute speed limit if you travel over the posted speed by any amount. If the officer doesn’t show up at the hearing, you could be off the hook, but don’t rely on that. If you ask for a hearing, plan to make your case and be questioned before a judge. Check the ticket to find out whether a state, county or local officer issued it and search online for traffic procedures in that jurisdiction. Look up your state’s motor vehicle code, carefully read the speed law you allegedly broke and prepare to argue that you didn’t. As you prepare for court, you can: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Are The Benefits Of A Nonprofit? How Do You Survive Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/exhibition-of-speed-defense-attorney/ People can find themselves at a point where there is no chance they will be able to pay off the debts they have accumulated. For example, consider someone who has depleted all their savings and maxed out all of their credit cards due to medical problems and losing their job. Even with unemployment or a temp job, they might find that they can no longer make even the minimum monthly payments on their cards or keep up with their rent and car loan. That’s when a helpful option is talking to a bankruptcy attorney. Chapter 7 could turn out to be the logical next move. For individuals who have declared bankruptcy, the recovery process is long and difficult. The first step comes when you and your court-appointed bankruptcy trustee meet with your creditors to inform them of the bankruptcy, at which time any nonexempt assets that you have must be liquidated. You will be allowed to keep your furniture, car, and personal belongings up to a certain value, but any nonexempt liquid assets, such as cash or certificates of deposit (CDs), must be turned over to your trustee. However, liquidating your assets is only the first of many issues that must be dealt with as the consequences of your bankruptcy unfold. Getting a loan of any kind will be extremely difficult for the next couple of years. It may be possible to regain a better credit score and qualify for some types of loans after only a year, but the lenders that will take you on will probably be from finance companies that charge exorbitant rates of interest. In some cases it may not be possible to get credit at all for major purchases, such as a car or home. A Chapter 7 bankruptcy will remain on your credit report for 10 years. If you file a Chapter 13 bankruptcy instead, the bankruptcy should disappear from your credit report after only seven years. With Chapter 7 your trustee uses the liquidated assets to pay off as much of your debt as possible, after which the rest is discharged. Chapter 13 requires that you pay back all of your debt within three to five years according to a set payment plan that must be approved by the court. If you are in a position to put forward a credible plan, Chapter 13 is often preferable, because it allows you to save your home from foreclosure. How to Recover After Filing for BankruptcyHere are a few steps that you can take to help regain control of your situation. Maintain a job and a homeIt is vitally important that you get and keep a job as soon as possible, if you don’t have one already. Finding a good place to live ranks a close second, if this is an issue. Stable residential and employment histories are necessary because they show creditors that you are reliable. A growing number of landlords are checking credit references as a means of screening out possible unreliable tenants. If you are not able to rent an apartment, you may have to room with a friend or relative until your credit improves. Employers may also request credit scores and histories of their potential applicants as a measure of personal responsibility. A spell of bad luck can fuel a vicious cycle that may prevent you from getting a job that pays enough for you to pay off your debts. Do what you can to push forward anyway and find a job that can be the foundation of putting the bankruptcy behind you. Pay your billsIt is imperative that you stay current on all of your monthly bills and other payments so that your post-bankruptcy credit record stays clean. There is absolutely no room for even the tiniest amount of backsliding in this regard. This means that you must be extremely watchful of every expenditure so that your expenses don’t build beyond what you can afford to cover. Keep a bank balance Know Why You Filed When Should You File For Bankruptcy? Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How Do You Survive Bankruptcy? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Publishing A Notice To Creditors In Probate How Much Does A Loan Modification Affect Your Credit Score? How Does A Legal Separation Work? Will Estate Planning Checklist Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-do-you-survive-bankruptcy/ Divorce triggers all kinds of emotional pain and unsettling feelings. It totally disrupts the life you knew and launches you into uncharted territory. Everything changes; your routines, your ability to trust another person, the loss of your self-esteem, and uncertainty about the future. Along with these changes, you may be blown away by how devastated you feel (even if you wanted the divorce). Allowing yourself to feel your emotions and move through the pain of your losses is what can help you let go of your old relationship and move on with your life. The great untold story of divorce is how much it hurts and not just the spouse who’s left behind but also even the spouse who’s doing the leaving. Many people who have gone through divorce remember that it feels like having a piece of yourself ripped away. People who haven’t been through divorce usually can’t understand how deep, how searing, and how debilitating the pain is. At some point in the past, sometimes the very recent past, you felt the sensual, ecstatic thrill of total trust and intimacy with this person. Now this same person is your adversary. You feel betrayed. Of course it’s going to hurt. Another reason it hurts so much is that most people who are going through divorce have to deal with so many losses all at the same time. You’re hurting for a broken relationship, of course. And often at the same time, you’re hurting because of that feeling of being betrayed by your spouse. Or maybe you feel betrayed by somebody in your spouse’s family. And often at the same time, you’re also hurting over the changes in your life. And there are so many changes connected with divorce. Sometimes you have to change where you live, how you spend your day, what you can afford to do, how much time you spend with your children and on what schedule, and how you can plan for the future, all while you’re trying to deal with a whole new world of lawyers, judges, pleadings, and court dates. And whether we like to admit it or not, there’s still a sense of shame connected with divorce. People who are going through divorce feel like failures. Coping With A Breakup Or Divorce• Recognize that it’s okay to have different feelings: It’s normal to feel sad, angry, exhausted, frustrated, and confused and these feelings can be intense. You may also feel anxious about the future. Accept that reactions like these will lessen over time. Even if the relationship was unhealthy, venturing into the unknown is frightening. Tips for grieving after a Divorce• Don’t fight your feelings: It’s normal to have lots of ups and downs, and feel many conflicting emotions, including anger, resentment, sadness, relief, fear, and confusion. It’s important to identify and acknowledge these feelings. While these emotions will often be painful, trying to suppress or ignore them will only prolong the grieving process. Reach out to others for support • Take a time out. Try not to make any major decisions in the first few months after a separation or divorce, such as starting a new job or moving to a new city. If you can, wait until you’re feeling less emotional so that you can make decisions with a clearer head. Utah Divorce LawyerWhen you need legal help with a Divorce in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Why Is Divorce So Painful? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Does The Automatic Stay Stop A Garnishment? Is It Legal To Hand Write A Will In Utah? How Do I Prepare For A DUI Court? Publishing A Notice To Creditors In Probate Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/why-is-divorce-so-painful/ Utah Criminal Code 76-5-108: Protective Orders Restraining Abuse Of Another–Violation1. Any person who is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, or ex parte child protective order issued under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; Title 78A, Chapter 6, Juvenile Court Act; Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, who intentionally or knowingly violates that order after having been properly served, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act. Terms Used In Utah Code 76-5-108• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 7. Purchasing or possessing a gun. Oftentimes, protection orders will require that you forfeit any firearm or ammunition for the duration of the order, and prohibit you from purchasing or using any kind of weapon while the order is in effect. If you are in a line of work that requires you to use a firearm, such as the military or police force you may be required to leave your job. What Is A Protective Order?A protective order is different from an EPO because it’s longer term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order if the victim still feels threatened by his or her abuser. A protection order may include many different provisions, including: Violation of Protection Orders Reasons for False Accusations Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Criminal Code 76-5-108 first appeared on Michael Anderson.
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What Is The Final Stage Of Divorce? Does The Automatic Stay Stop A Garnishment? How Long Does A Loan Modification Last? Is Possession Of A Controlled Substance A Felony In Utah? What Are The Grounds For Legal Separation In Utah? Publishing A Notice To Creditors In Probate Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-108/ Probate is a court-supervised process for determining and gathering the assets of a deceased person, known as the decedent, paying his debts, and distributing his assets to his beneficiaries and heirs. Although state law varies regarding specific procedures, notice of probate is meant to accomplish the same thing in every state; that is, notice of probate gives parties who have an interest in a decedent’s estate warning that the probate process is being initiated. As beneficiaries may not know they were included in a decedent’s will, notice gives them an opportunity to assert their rights at the very beginning of probate administration. Probate laws require certain facts be made public through publication. States vary as to what must be made public, where to publish and for how long, but every state has some type of publication requirements. Once made aware of probate through publication, beneficiaries and creditors have the opportunity to contest decisions of the personal representative or file claims against the estate. A creditor of an estate is anyone the deceased still owed money to at the time of death, i.e. anyone entitled to collect an unpaid debt of the decedent from the proceeds of the estate. Creditors must always be given notice of the probate. Usually the notice must be published in a local newspaper. Creditors have a certain amount of time to file their claims against the estate after notice is published, usually six months. The deadline is significantly shorter, usually two months, for any creditor given notice directly.
Step 1: Title the notice “Notice to Creditors,” and include the name of the deceased, the name of the court in which the estate is being probated and the probate case number. Executors across the state must complete the following tasks as part of their fiduciary duties: Probate LawyerWhen you need to probate an estate in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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4.9 stars – based on 67 reviews
How Do You Stop A Foreclosure From Lawsuit? What Is A Class B Misdemeanor In Utah? Trust Protector And Dynasty Trusts What Is The Final Stage Of Divorce? Does The Automatic Stay Stop A Garnishment? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/publishing-a-notice-to-creditors-in-probate/ When you file for Chapter 7 or Chapter 13 bankruptcy, the automatic stay immediately goes into effect. The automatic stay prohibits most creditors from continuing with collection activities, which can provide welcome relief to debtors as well the opportunity to regroup during bankruptcy. There are some exceptions to the automatic stay, so it’s important to learn about these before you file. And creditors can ask the bankruptcy court to lift (remove) the stay. In certain circumstances, the court is likely to do so. When you file for bankruptcy, a court order called the automatic stay immediately stops most civil lawsuits filed against you and most collection actions being taken against your property by a creditor, collection agency, or government entity. The automatic stay may provide a compelling reason to file for bankruptcy. Bankruptcy can temporarily and sometimes permanently help if you’re at risk of being evicted, being foreclosed on, or losing such essential resources as utility services or a portion of your paycheck through wage garnishment. Here’s how the automatic stay affects some common emergencies: • Eviction: If you’re being evicted from your home, the automatic stay might provide some help, but it’s usually temporary. If your landlord already has a judgment of possession against you when you file, the automatic stay won’t affect these eviction proceedings; the landlord can continue just as if you hadn’t filed for bankruptcy. And if the landlord alleges that you’ve been endangering the property or using controlled substances there, the automatic stay won’t do you much good, either. In other cases, the automatic stay might buy you a few days or weeks, but the landlord will probably ask the court to lift the stay and allow the eviction and the court will probably agree to do so. Filing a Motion to Lift the Automatic Stay Exceptions to the Rule: Serial Filings Differences in Chapter 7 v. Chapter 13 Bankruptcy and Foreclosure Chapter 7 bankruptcy will stop foreclosure on your home; however, since Chapter 7 bankruptcy does not have a plan of reorganization, then Chapter 7 is only a temporary solution to stopping foreclosure. Once the foreclosing mortgage company requests the automatic stay be lifted or the bankruptcy case is discharged, then the mortgage company may begin the foreclosure process where they left off. However, this does not mean a Chapter 7 cannot help you keep your home. By eliminating expensive debts, such as credit cards or high monthly auto loan payments, then you may be able to afford to pay your mortgage. After you file Chapter 7, you would want to begin discussing your options for modifying your mortgage with your lender in order to save your home. Garnishment LawyerWhen you need legal help with a writ of garnishment, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Does The Automatic Stay Stop A Garnishment? first appeared on Michael Anderson.
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What Is A Private Placement Exemption Is A Loan Modification A Good Idea? Can The Executor Of A Will Take Everything? What Is The Final Stage Of Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/does-the-automatic-stay-stop-a-garnishment/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
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