CAN I BE ARRESTED IF I DON’T PAY MY DEBTS?

NO!! You cannot be arrested for not paying your debts. I am talking about credit cards, mortgages repossessions deficiencies etc. I am not talking about any debts that were fraudulently obtained – only about debts that you can no longer pay. Debt Collectors have recently been calling people and threatening arrest if you do not send them money immediately. When they do this they are violating the Fair Debt Collection Practices Act. (aka FDCPA) You cannot be arrested in a collection action. You cannot be arrested for ignoring a lawsuit against you (although many other bad things can happen if you ignore the court process.)

You can only be arrested in limited circumstances – if you have lied to the IRS, if you bounce a check on a closed bank account or write it knowing that you have no money in the account and there will be no money in the account, If you write a check without the account owner’s permission or take out a credit card in using another person’s name.

A creditor is allowed to sue you and get a judgment against you, report it to a credit reporting agency, or try to collect following the rules that are set up in the FDCPA . (go here for information on what debt collectors can and can’t do http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm).
If you get enough information regarding the collector (name, address who you are talking to) you can sue them under this act.

If you ignore a lawsuit a court will enter judgment against you. Once judgment has entered the creditor can garnish your wages, take money out of any bank account with your name on it or put a lien against any real property that you own. Once the creditor has the judgment they can ask the court to bring you in for a Examination of a Judgment Debtor (EJD). If the creditor has subpoenaed you to an EJD and you ignore the subpoena then a court can issue a capias. This capias is a civil arrest warrant. A marshal can arrest and bring you to court to answer to the judge as to why you did not respond to the subpoena. You are being arrested not because you owe someone money but because you ignored a court order(the subpoena). This is the only way that a creditor can have you arrested. The subpoena must be served by a marshal and almost all judges insist on the marshal giving it to you personally. Do not ignore subpoenas and you will be fine.

If you have any questions contact the

Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

What is the 25 Billion Dollar Mortgage Settlement worth to you?

The Mortgage Settlement Lets Banks Systematically Overcharge You And Wrongly Take Your Home REALITY CHECK By Abigail Caplovitz Field
On my first read through of the consent agreements the bailed-out bankers (B.O.Bs), the Feds and the States I saw much as had been promised. One thing I hadn’t seen coming, however, was that the B.O.Bs would now be allowed to systematically overcharge borrowers and steal their homes. Seriously. Who cares about $1 million or $5 million penalties if horrible damage can be inflicted without punishment?
To see what I’m talking about, you need to look at Exhibit E-1.
http://abigailcfield.com/?p=1057

Foreclosure Fraud Settlement Docs (I): Ally’s Side Deal FDL By: David Dayen
http://news.firedoglake.com/2012/03/13/foreclosure-fraud-settlement-docs-i-allys-side-deal/

Foreclosure Fraud Settlement Docs (II): Giving Homes to Charity as a Penalty FDL By: David Dayen
http://news.firedoglake.com/2012/03/13/foreclosure-fraud-settlement-docs-ii-giving-homes-to-charity-as-a-penalty/

Foreclosure Fraud Settlement Docs (III): “Internal Review Group” FDL By: David Dayen
http://news.firedoglake.com/2012/03/13/foreclosure-fraud-settlement-docs-iii-internal-review-group/

Foreclosure Fraud Settlement Docs (IV): Association of Mortgage Investors Planning to Challenge in Court
FDL By: David Dayen
http://news.firedoglake.com/2012/03/13/foreclosure-fraud-settlement-docs-iv-association-of-mortgage-investors-planning-to-challenge-in-court/

When is filing bankruptcy a cheaper more effective option?

Posted in Bankruptcy on March 12th, 2012 by admin — Be the first to comment!

If you have gotten behind on credit card bills or your mortgage when does it make sense to file a bankruptcy? Unless you are expecting a large lump sum of money in the near future you should be thinking about doing a bankruptcy at this point.

As you well know by now if you miss the monthly payments on a couple of credit cards the interest rate will zoom up. Then the other cards you hold will also increase their rates. Then they add in late fees and when this all goes over your credit limit they will add on over limit fees.

The reasons bankruptcy is cheaper are simple – once you are unable to pay the monthly fees the creditor can sue you. After they sue you and are granted a judgment they have three ways to collect. They can garnish your wages (make your employer pay them before your employer pays you), put a lien on any real property that you own or take money out of any bank account that has your name on it. (even if it is really belongs to somebody else). This of course creates a lot of problems in your day to day living.

A bankruptcy filing (chapter 7 or 13) will stop all of the creditors from trying to collect whether they have started to sue you or if they already have judgments. This will enable you to spend your money on necessities.

If you have any questions contact the

Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office
wagman@attorneywagman.com
Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Someone From Out-of-State Cannot Defend Your CT Foreclosure

Posted in Consumer News You Can Use, Foreclosure on August 9th, 2011 by admin — Be the first to comment!

Two recent decisions from the Attorney’s Professional Discipline Committee show that some one who is not a Connecticut Attorney should not be representing you in a foreclosure. (or any other legal matter). In Mark Dubois v. Betran Bosmans (http://www.jud.ct.gov/SGC/decisions/10-0496.pdf) the Committee ordered presentment to Superior court for an out-of-state lawyer soliciting mortgage modification business in Connecticut. In a similar case a Los Angeles lawyer took money from Connecticut residents to defend Connecticut foreclosures. His case has also been ordered to be sent to Superior Court. (Mark A. Dubois v. Chance Gordon http://www.jud.ct.gov/SGC/decisions/10-0091.pdf)

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Connecticut’s New Foreclosure Mediation Rules

Posted in Consumer News You Can Use, Foreclosure, Legal News on August 1st, 2011 by admin — Be the first to comment!

Connecticut’s foreclosure mediation program has now been extended to July 1, 2014, Several important changes have been added to the program. Foreclosure cannot be completed until eight months after the start of the case or fifteen days after the mediation has been terminated. This may effectively give a homeowner eleven months in a house after they stop paying their mortgage as long as they are participating in the foreclosure mediation process through the court.

Most motions are prohibited until while the parties try to complete the mediation. The foreclosure cannot continue during the mediation unless the homeowner files a motion other than a motion to dismiss or a motion relating to the mediation.

After October 1, 2011 the first mediation session must be scheduled within the thirty-five days after the return date. (was fifteen days) When the bank starts a foreclosure action it now has to provide the homeowner with information about credit counseling agencies, a form that indicating the information that will be needed for the mediation and a mortgage account statement that that shows a credit and debt history for the prior year.

The Legislative Supplement can be found at
http://www.cga.ct.gov/2011/BA/2011HB-06351-R010893-BA.htm

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

How Accurate are Fingerprints?

Posted in Criminal, Legal News on August 1st, 2011 by admin — Be the first to comment!

Here Is a free book about fingerprints. They may not be as accurate as portrayed or as “sold” to us by the FBI.
http://www.nij.gov/pubs-sum/225320.htm

There are problems with partial prints and the FBI does not use a system as careful as the one utilized in Europe

Marijuana is Decriminalized in CT as of July 1, 2011

Posted in Criminal, Legal News on July 11th, 2011 by admin — Be the first to comment!

If you are older than 21 and get caught with less than one-half ounce of marijuana (about 30 joints) you will be issued an infraction. (the equivalent of a traffic ticket – no criminal record) The infraction carries a $150 fine.

If you are under 21 you will get the same ticket, but also face a 60-day driver’s license suspension. (the same as possession of alcohol by a minor)

Fines for subsequent offenses range from $200 to $500. Three or more offenses requires to drug counseling at their own expense.

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

DOMA will not cause a same-sex joint bankruptcy to be dismissed

Posted in Bankruptcy, Consumer News You Can Use, Legal News on July 8th, 2011 by admin — Be the first to comment!

The Defense of Marriage Act will not cause a bankruptcy filed by a same-sex couple to be dismissed. In a recent ruling out of the the Southern District of New York a bankruptcy judge declined to dismiss a joint bankruptcy case filed by a same-sex couple at the request of the U.S. Trustee. The same-sex couple had been married in Vermont then filed bankruptcy in New York where they lived shortly afterwards. Section 302(a) of the Bankruptcy Code allows a married couple to file a petition together as long as they both qualify.

The Court ruled that the case cannot be dismissed because a dismissal would not be in the best interests of the debtors or their creditors.

In re Theresa L. Somers and Rosemary Caggiano 21 CBN 830 (Bankr. S.D.N.Y. 2011)

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Changes in the DUI (or DWI) Laws in Connecticut

Today July 1, 2011 changes recently passed by the Connecticut Legislature will go into effect for people convicted of driving under the influence of alcohol or drugs (also known as driving while intoxicated).

The biggest change is that the license suspensions have been made easier if you have the ability to put a breathalyser in your car. The license suspension for a first conviction has been reduced from one year to forty-five days if you put the “ignition interlock device” into your vehicle. The license suspension has similarly been reduced from three years to forty-five days after a second conviction ( if the driver is over 21). The suspension for a third conviction remains the same at a lifetime ban on driving.

This will significantly help a variety of people who find it difficult to remain productive citizens without a license especially if the person does not live near public transportation.

Driving while your license is suspended because of an motor vehicle offense that is alcohol related has a penalty of up to one year in jail The judge has to sentence the defendant to a minimum of thirty days in jail unless he or she finds “mitigating circumstances”.

Contact the Law Offices of Gregg W. Wagman at:
216 Broad Street
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

The Latest Foreclosure Changes for Connecticut – 8 Month Hold for Those in Foreclosure Mediation

Posted in Consumer News You Can Use, Foreclosure, Legal News on June 20th, 2011 by admin — Be the first to comment!

· The litigation hold becomes effective July 1 and will apply to existing cases for which less than 8 months has passed since the return date. The hold is on making motions, requests, or demands, and not on the court deciding those motions – so matters in the queue may still go forward.

· The same rule about getting foreclosure judgments still applies – lenders can’t get one until mediation is over. (Ignore any quotes in the media to the contrary.)

· If mediation terminates before eight months runs, you get a 15-day “cooling off” period that’s meant to be time to file an answer.

· More on the hold:

o Can a homeowner file an answer w/o breaking the hold? Yes, but they don’t need to file an answer until mediation ends.

o Can a homeowner file special defenses and counterclaims w/o breaking the hold? Yes, but they don’t need to file them until mediation ends.

o Can the plaintiff file a reply to a homeowner’s pleading? Yes.

o Can the plaintiff file a motion to strike? Not till the hold is over.

o Can the plaintiff file a demand for disclosure of defense while the hold is in effect? No.

o Can the plaintiff file a motion to amend the complaint? No.

o Can the plaintiff move against the other defendants (e.g., second mortgagees)? Yes

A link to the full bill that will take effect on July 1, 2011 is here.
http://www.cga.ct.gov/2011/AMD/H/2011HB-06351-R00HA-AMD.htm

Contact the Law Offices of Gregg W. Wagman at:
216 Broad Street
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London