Tecate, CA Bankruptcy Law Firms & Lawyers

You should contact your attorney and the Chapter 13 trustee to find out why the taxes were not paid through the plan. Also contact the Franchise tax Board to see if they filed a claim. Generally the plan cannot be modified if it has been completed and the length of the plan cannot exceed 60 months

If the debts are the result of identity theft, send a copy of the police report and FTC identity theft affidavit to each affected creditor and to each of the three major credit bureaus. They should delete the items resulting from identity theft within 30 days. Note that to the extent these are credit card debts, the statute of limitations is five years, so they are now uncollectible whether yours or not. Negative information relating to debts which are yours can remain on your credit report for 7.5 years after the delinquency resulting in chargeoff (so if the last payment was May 17, 2007, the debt went into default in June 2007, and must be deleted from your credit reports around the end of 2014).

The insurance company would have to sue you for the amount of the damages and obtain a judgment against you from a court. Once the judgment is obtained then a garnishment order can be obtained and served on your employer. You will receive papers giving you the opportunity to claim your wages exempt and have a court hearing on that issue. In any case, your employer can only withhold a maximum of 25% of your wages to pay the judgment. You can try to convince the judge that nothing should be taken by your employer. Since the damages involved result from an accident in which you were DUI (in addition obviously to having been driving uninsured!) then you might not be able to discharge the debt related to the accident in a bankruptcy case. You might want to consult with a bankruptcy attorney about this but can try to avoid a judgment being issued first by defending the lawsuit if filed and served against you. The insurance company can have your drivers license suspended if a judgment is obtained against you because of the accident and then you do not pay the judgment. Usually the DMV would have suspended your license already for the DUI and for driving uninsured. The judge in the criminal case could have ordered you to pay the damages as part of the conditions of probation but maybe didn't do it because the other driver was uninsured. Usually in that situation the restitution issue is reserved but the insurance company could ask the judge to impose it if you are still on probation because of the DUI conviction. You got yourself in a big mess for drinking and driving. It sounds like you did not hurt someone (or at least not seriously although the other driver has the right to also sue you for personal injuries) and that it was mostly property damage. You were lucky in the sense that you could have injured or killed someone and then have had to spend years in prison, not to mention having that in your conscience forever Hopefully you learned from your mistake.