Frequently asked questions

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1. Is there a charge for an initial consultation at McMahan Law Firm?

Answer: No

2. Does hiring an out of town or T.V. attorney make my case stronger?
Answer: Absolutely Not! Most judges and jurors in local areas know the local attorneys and the local attorneys are generally more familiar with the judge and customs of the local courts. T.V. attorneys are often the subject of jokes among reputable attorneys because they are rarely seen in court. Also, the T.V. attorneys usually work in volume so they settle cases for much less than most attorneys just to keep
turning them over.

3. Will filing a bankruptcy petition stop the garnishments and foreclosure proceedings against me?
Answer: Yes

4. Will filing bankruptcy stop the constant phone calls and letters from creditors?
Answer: Yes. Once you file bankruptcy an automatic stay is ordered that prohibits creditors from contacting you pending the resolution of your case.

5. Is there an income limit for filing chapter 7 bankruptcy?
Answer: Possibly. Bankruptcy laws have changed a great deal in recent years and every case is different. The best way for me to evaluate your case is to meet with you on an individual basis and review your situation.

6. Can I represent myself in court?
Answer: Yes. However, as I often tell litigants in my court, I can work on my car’s fuel injector but I am not a mechanic and it will not likely work after I’m done. Unless you have a law license, the same could be said of your court case if your represent yourself. Hiring an attorney is a smart decision if you are going to court.

7. Is it true that I can save money by settling my worker’s compensation case or other civil case without hiring an attorney?
Answer: No. The best way I can explain my answer is by example. Recently I representated an injured employee in a worker’s compensation case. I managed to get my client $30,000.00 more than he was offered by the employer.

8. I can’t afford my attorney fees; can I work out a monthly payment plan?
Answer: Yes. In most cases a monthly plan can be arranged. However, there are some situations where monthly payments are not an option such as real estate closings.

9. Do you charge a fee if I am in a car accident and need representation to recover damages for my medical expenses and injuries?
Answer: Yes, but it is a contingency fee. This means you don’t pay me unless we win. My fee is a percentage of the settlement or judgment obtained against the insurance company.

10. Can you help me file my initial social security disability or SSI claim?
Answer: Yes. Most attorneys do not provide this service, but I will assist you in filing your initial application for social security benefits. All you need to do is call and make an appointment and I’ll do the rest.

11. Do I lose everything I own if I file a chapter 7, where all my debts are forgiven without me having to pay?
Answer: No. In most cases when you file chapter 7 you are allowed to keep your assets, including vehicles, home, and other personal property. Much depends upon how much equity you have in your property.