No. There may be reasons why it would benefit you both to file together, but the choice is yours individually to make. You cannot be forced to file with your spouse and likewise, you cannot force your spouse to file with you. When you file alone, you are filing “individually”. …
If you are filing bankruptcy as an individual (not jointly with your spouse), yes, you must still report your spouse’s income. However, this in no way includes your spouse in the filing. The court simply looks at your total household income for calculating eligibility (Means Test) and for your…
To review the various clips of attorney Frank Coxwell’s appearances on the Fox 40 AM Show, click here to go to our Media page. Mr. Coxwell discusses multiple topics on the show – the garnishment process, how to stop foreclosures in Mississippi, how to deal with student loans, the pitfalls…
In order for a creditor to garnish your wages, they must first file a lawsuit regarding the debt in question and receive a court judgment in their favor (win the lawsuit). Once this occurs, they will receive an order of garnishment also referred to as a writ of garnishment. This…
Under the Mississippi Check Cashers Act, the maximum amount you can borrow is $400. For example, a borrower writes a check for $400, pays the $72 fee, and receives $328 in cash. You may have more than one payday loan with a lender; however, the total amount may not exceed…
NO!!! The lender cannot threaten or use criminal prosecution to collect. However, the lender may file an action against you in civil court. If you cannot repay the loan, you may request that the lender place you on a payment plan. However, the lender is not legally required to grant…
The Fair Credit Reporting Act (FCRA) provides specific rights to consumers who are or believe they are the victim of identity theft. If someone uses your name, Social Security number, date of birth, or other identification without the authority to do so in order to commit fraud, it is considered…
Willful and malicious injury debts are rare, but they happen when someone has placed a claim against you, stating that you intentionally hurt them or their property. In the Fifth Circuit Court of Appeals (which includes Mississippi), a “willful injury” is one where the debtor purposefully caused the injury, and…
The federal Fair Credit Reporting Act (FCRA) was created to promote accurate, fair, and private filing of information by consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (those that sell information about check writing history, medical records, rental history, etc). Most…
I will be teaching in the Millsaps College Community Enrichment program – 2012 Fall Series that is open to the public. I will be hosting 2 sessions under the section “Money & Business”. Click here to register. “Who Owns your Home? Mortgage Securitization in Mississippi” will be a 2 class session Oct…