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Filing by end of November..but have been served..

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    #16
    Originally posted by seraph79 View Post
    The short of it is: yes, they will eventually find out where you bank, whether it is with a small one branch bank or a large national bank--you're not safe and they will get their money until you either pay, or file.
    I bank at Credit Unions. One is local and the others are far away.

    Do I need to worry about them finding those? I don't keep any money at the closest ones.
    Last edited by Keebler; 08-27-2008, 08:34 PM.
    Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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      #17
      Originally posted by Keebler View Post
      I bank at four Credit Unions. One is local and the others are 2,400 Mi., 2,000 Mi. and 1,500 Mi. away.

      Do I need to worry about them finding those? I don't keep any money at the closest ones.
      They can find them Keebler.

      There's several services that maintain banking records on people that Creditors can access. Those services are like our Credit Reports of our banking histories. So those accts could potentially be found.

      A local Creditor may not go to the trouble of seeking a Judgement against you long distance, but a big Creditor might. Big Creditors like Chase, Citi, BoA, have attnys on retainer all over the Country.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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        #18
        [QUOTE=jp2861;120255]
        Originally posted by aachudneymiles View Post


        Google 5 CFR 582.102(2)
        Well, I'm not meaning to be argumentative, but when you are enlisted, in addition to civilian law, you are also subject to a different set of "laws" and it's called UCMJ (Uniform Code of Military Justice) and while your pay may be exempt from garnishment by a civilian entity, if your commander gives you a lawful order (and paying bills on time is a lawful order) to pay a debt collector, then yes, you must obey that command. You have the option to go up the chain of command to contest it, but it isn't illegal at all for commanders to order a soldier to do this. Failure to obey a lawful command will result in, at minimum, an Article 15 under UCMJ and minimum penalties under that Article are extra duty (which really sucks when you are already working 12 hour days) and, you guessed it, decrease in rank and/or pay.
        Filed 9/20/07
        341 on 10/26/07
        awaiting discharge 12/26/07 (best Christmas present of all!)

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          #19
          [QUOTE=seraph79;120368]
          Originally posted by jp2861 View Post

          Well, I'm not meaning to be argumentative, but when you are enlisted, in addition to civilian law, you are also subject to a different set of "laws" and it's called UCMJ (Uniform Code of Military Justice) and while your pay may be exempt from garnishment by a civilian entity, if your commander gives you a lawful order (and paying bills on time is a lawful order) to pay a debt collector, then yes, you must obey that command. You have the option to go up the chain of command to contest it, but it isn't illegal at all for commanders to order a soldier to do this. Failure to obey a lawful command will result in, at minimum, an Article 15 under UCMJ and minimum penalties under that Article are extra duty (which really sucks when you are already working 12 hour days) and, you guessed it, decrease in rank and/or pay.
          If this was a 3rd party collector discussing your debt with someone other than you, they broke the law, military or not. You and your Commander may not have known a law was being broken. That's why you have a legal office on the base.

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            #20
            Originally posted by jp2861 View Post
            That's illegal. You should have marched your butt to the legal office. Military pay is 100% exempt except for child support and taxes.
            Ur command has any right the need to make sure u are paying any dept u owe...if they need to they can make u fill out a allotment to pay it back and take financial class's to do so.....

            the place of dept can not discuss the matters of ur dept with ur command but they can exspress that they would like to get this matter resolved and not have to take it to court...ur command can step in at that point
            Last edited by marine_1999; 11-09-2007, 02:51 PM.

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