I represent individuals and small businesses in a variety of debtor/creditor matters, including the following:
Foreclosure – If you’ve fallen behind on your mortgage (or deed of trust in Missouri), the mortgage creditor (or mortgagee) will likely start foreclosure proceedings in order to sell your property and recover their outstanding loan balance from the proceeds. A foreclosure in Missouri is usually a non-judicial proceeding which means that the creditor does not have to sue you to sell your property. Instead, the deed of trust generally allows the appointed trustee to sell the home upon a default after providing statutory notice to all relevant parties. And the timeline from the start of a foreclosure notice publication to the actual sale date is fast – as short as three weeks in some Missouri counties. I know that it’s very difficult to face the problem of foreclosure. It’s natural to want to avoid even thinking about it. But if you act quickly, there may be something we can do to stop it.
Garnishment –If a creditor has a judgment against you (or a right to collect against you), your wages and bank balances are at risk of being seized. You should receive notice of the garnishment but not necessarily in advance of the seizure and so you must be prepared for this. In Missouri, a creditor may garnish up to 25% of your wages, or up to 10% if you are head of household, until the debt is paid in full. Additionally, the funds in your bank account can be taken to satisfy the debt, even if you have outstanding checks that will bounce as a result. I can help you assert your rights and eliminate or prevent garnishments so that you can remain in control of your budget.
Repossession –When you’ve fallen behind on your vehicle loan, the car creditor may repossess your vehicle and sell it to collect their debt. But you can stop the sale and get your vehicle back if you don’t delay. A timely filed bankruptcy can force the car creditor to return you vehicle so that you have a second chance to pay the debt and keep your car.
Replevin – If you’ve given a security interest in other personal property, such as your business property and inventory, the creditor has the right to liquidate the personal property to satisfy their debt through a replevin action if you’ve defaulted on the loan. Liquidation of your property can disrupt or even cripple your business. If you are in default or will be in default in the near future, please contact me to discuss potential options for solving the problem, even before it begins.
Collection Lawsuits – If you’ve been sued by a creditor, you’re probably at a loss for what to do. There are filing deadlines and other time sensitive actions that you must take. I can work with you to determine your defenses and appear for you in court. And if settlement is the best option, I will do my best to negotiate a settlement that you can manage so that you can avoid wage garnishment and other collection tactics.
Giving You Peace of Mind – St. Louis Debtor/Creditor Attorney
I want you to know that you have someone on your side. I will take the time to explain your rights to you. If you are considering bankruptcy, or are facing issues like the ones listed above, I can help. I will listen to you and your concerns and explain your debt relief alternatives, including how a Chapter 7 or Chapter 13 Bankruptcy may put you on the fast track to a fresh start.
Free Initial Consultation with a Debtor/Creditor Lawyer
To find out more about bankruptcy and debt settlement, call (314)721-2525 or contact us online to schedule a free consultation with me, Nancy Stokley Martin, a Missouri debtor/creditor attorney. I will be here to answer all of your questions and give you trustworthy legal advice. I offer a 30-minute initial consultation free of charge during regular business hours. The law office is located at 150 North Meramec Avenue, Suite 400, St. Louis, Missouri 63105, where we offer private and convenient parking free of charge.
I help people in St. Louis, St. Charles, Chesterfield, Ballwin, Creve Coeur, Maryland Heights, Ladue Manchester, Kirkwood, Webster Groves, Wildwood, Bridgeton, Fenton, Eureka, Ellisville, Des Peres, Clarkson Valley, O’Fallon, St. Peters, Clayton, Olivette, Warrenton, Florissant, Hazelwood, and Frontenac. This includes the municipalities within St. Louis County, St. Charles County, Jefferson County, Franklin County, Warren County and Lincoln County.