WOW, Legal AID called and they will help

[jeff0633]

Man what an angel of mercy. An attorney called me from legal aid and really made me feel better. She gave me an appointment for a week from Thursday and will send me some brochures now. She said that once the judgement hearing is done, I have ten days before it is final. She said I will neeed to file a form that she will give me during that 10 days to exempt my bank account where my SSI is direct deposited. I told her that I only use that account for the direct deposit, nothing else. She said that was great that I had been doing that. She said as long as I file that form and my exemptions forms for property and such during that ten days, and warn my bank also that the only money ever in that account is exempt money and not to allow it to be levied, that they cannot freeze my account. She said they could freeze my other checking account that I use and that I should not put my money in there if I don't need to. It was just an account for convenience and using a debit card, so I told her I would have no problem just closing that account out. I can pay my bills just fine with cash or money order.

Then, we got on the subject of exemptions. First, she wasn't sure if the homestead exemption could be used on a modile home, but she thought it should be able to. The Tennessee exemption for homestead is 5000 dollars and that's probably more than my trailer is worth if I had to sell it in the front yard. It is 12 years old. Then, I can have 4000 dollars of personal property in this state. I can use that to keep my van and just let my crappy car go if I need to. Other than that, I really don't have anything worth much in my home, a cuple color TV's, one that's on it's last legs. A dvd player, old crappy camcorder that is glued together, my personal computer, old acoustic guitar.... Just junk they really couldn't get anything out of.

She also didn't think we could use the federal exemptions in Tennessee, but she wasn't sure about that either. How can I find this out? Is the federal exemptions ONLY for bankruptcy? If I could use the federal, then they have 18,000 homestead and anything over what your home is can be applied to personal property up to 9 thousand. I would be in great shape if I could use the federal exemption, but I need to find out if I can. I also need to make sure that my mobile home will fall under the homestead exemption. the federal homestead exemption says mobile home, so I hope the Tennessee one covers it as well. Basically, as long as I stop using my other account and I might as well close it out, then i should be close to judgement proof as can be. yeah, I might lose a couple things, maybe even a old car, a TV or two, but man what a relief. She said that once the judgment comes through, other collection agencies might also get a judgment on me, and she said I would need to file those exemption forms and bank account form each time during the ten day wait after a judgment. She said that it's possible that once they see that I have very few possessions, they may drop it altogether. This means I don't have to file Chapter 7. Talk about a great phone call. I need to find out about the federal exemptions and whether or not I can use them in Tennessee, and whether the homestead exemption will cover my trailer like the federal one does.

Please feel free to give me any advice you folks think may be helpful. This forum is great. i wanted to explain all this in detail so that anyone else from tennessee looking for help might find this info in a search.

Thanks

Jeff

[GoingDown]

Man what an angel of mercy. An attorney called me from legal aid and really made me feel better. She gave me an appointment for a week from Thursday and will send me some brochures now. She said that once the judgement hearing is done, I have ten days before it is final. She said I will neeed to file a form that she will give me during that 10 days to exempt my bank account where my SSI is direct deposited. I told her that I only use that account for the direct deposit, nothing else. She said that was great that I had been doing that. She said as long as I file that form and my exemptions forms for property and such during that ten days, and warn my bank also that the only money ever in that account is exempt money and not to allow it to be levied, that they cannot freeze my account. She said they could freeze my other checking account that I use and that I should not put my money in there if I don't need to. It was just an account for convenience and using a debit card, so I told her I would have no problem just closing that account out. I can pay my bills just fine with cash or money order.

Then, we got on the subject of exemptions. First, she wasn't sure if the homestead exemption could be used on a modile home, but she thought it should be able to. The Tennessee exemption for homestead is 5000 dollars and that's probably more than my trailer is worth if I had to sell it in the front yard. It is 12 years old. Then, I can have 4000 dollars of personal property in this state. I can use that to keep my van and just let my crappy car go if I need to. Other than that, I really don't have anything worth much in my home, a cuple color TV's, one that's on it's last legs. A dvd player, old crappy camcorder that is glued together, my personal computer, old acoustic guitar.... Just junk they really couldn't get anything out of.

She also didn't think we could use the federal exemptions in Tennessee, but she wasn't sure about that either. How can I find this out? Is the federal exemptions ONLY for bankruptcy? If I could use the federal, then they have 18,000 homestead and anything over what your home is can be applied to personal property up to 9 thousand. I would be in great shape if I could use the federal exemption, but I need to find out if I can. I also need to make sure that my mobile home will fall under the homestead exemption. the federal homestead exemption says mobile home, so I hope the Tennessee one covers it as well. Basically, as long as I stop using my other account and I might as well close it out, then i should be close to judgement proof as can be. yeah, I might lose a couple things, maybe even a old car, a TV or two, but man what a relief. She said that once the judgment comes through, other collection agencies might also get a judgment on me, and she said I would need to file those exemption forms and bank account form each time during the ten day wait after a judgment. She said that it's possible that once they see that I have very few possessions, they may drop it altogether. This means I don't have to file Chapter 7. Talk about a great phone call. I need to find out about the federal exemptions and whether or not I can use them in Tennessee, and whether the homestead exemption will cover my trailer like the federal one does.

Please feel free to give me any advice you folks think may be helpful. This forum is great. i wanted to explain all this in detail so that anyone else from tennessee looking for help might find this info in a search.

Thanks

Jeff

As far as I know, you have to use your state's exemptions, not the federal ones.

But this is good news about Legal Aid helping you with these issues. It sounds like if you file the proper exemption forms, then you should about as judgment proof as is possible in your situation. It definitely buys you some time to sort things out, and if necessary, in the future, you can still file chapter 7 bankruptcy. But from now on, if I was in your situation, I wouldn't talk to collection agencies or collection attorneys at all. Just keep in mind that they are not your friend and they will use anything you say to them or write to them against you later on.

[jeff0633]

You Are right. I will no longer answer the phone to long distance numbers I don't know. No need in talking to them anymore.

Yes, I found out only the state exemptions hold for my case. That's really no big deal. That still gives me 5000 for my trailer to exempt that, and four grand to keep my Van. Other than that, they can have the car, a scrubby old TV, and crappy acoustic guitar. I need to find out if the sherrif can come in my home to evaluate property more than once. Can they show up anytime and rummage through my belongings for the next year? Are they only allowed to come searching for property one time and one time only? I know they can come for each time I have a judgment, but I want to know if they can basically harrass me and how and for what length of time.

I also need to know if my brother can file for a lean on the van because he did pay for it. He took the cash (5,400) out of his bank account the day we got it, we can show that with his bank statement, and the people at the car lot also remember us and that my brother bought me the van. I simply had a verbal agreement with him to pay him 100 per month. He just put the van in my name because he thought that would make me feel better. Why couldn't I just give my brother back his van? I am not filing bankruptcy. I am still innocent until proven guilty, aren't I. The hearing for judgement isn't till feb 7th. I should be able to sell or give my brother a van if I want too, shouldn't I? This is still a free country for me isn't it, until I am actually judged against? Same question for my checking account I use for convenience, not the one that gets the SSI direct deposit. I can close my darn checking account if i want to, can't I? I know i don't have to put any darn money in it, so I should be able to close the account tomorrow if I want to, right?

Jeff

[HHM]

I also need to know if my brother can file for a lean on the van because he did pay for it. He took the cash (5,400) out of his bank account the day we got it, we can show that with his bank statement, and the people at the car lot also remember us and that my brother bought me the van. I simply had a verbal agreement with him to pay him 100 per month. He just put the van in my name because he thought that would make me feel better. Why couldn't I just give my brother back his van? I am not filing bankruptcy. I am still innocent until proven guilty, aren't I. The hearing for judgement isn't till feb 7th. I should be able to sell or give my brother a van if I want too, shouldn't I? This is still a free country for me isn't it, until I am actually judged against? Same question for my checking account I use for convenience, not the one that gets the SSI direct deposit. I can close my darn checking account if i want to, can't I? I know i don't have to put any darn money in it, so I should be able to close the account tomorrow if I want to, right?

Jeff

First, regarding the checking account, yes you can close it.

The van, however, is more complicated. At this point, putting a lien on the van won't help, it could be undone by any attorney or BK trustee. If the lien wasn't put on the van when it was purchased, odds are, it will be seen as an improper transfer of assets. You "might" be able to transfer title to your brother, but again, that is a dicey transaction, because normally you have to recieve market value in exchange, especially if the transfer is to insider. Basically, you will be put in the position of having to prove you didn't commit commit fraud by transferring an asset. Even outside of the BK context, you cannot necessarily transfer non-exempt assets out of your name to intentionally avoid creditors.

[jeff0633]

Well, I guess I can keep the van with the 400 personal property exemption. It is a 97 model with 93,000 miles on it, so I would say it probably isn't worth more than 4,000.

Now, my question is, can they keep coming back and just walking into my house for an extended period of time? How long can they take personal belongings from my home? I will have to ask legal aid this question.

Jeff

[Grace]

No one will come into your home and inventory or take your belongings on a regular basis. That isn't how bankruptcy works. Since you clearly do not have anything of value in the trailer, you shouldn't be worried at all.

When you go to talk to legal aid, you need to tell them that your ex-wife is not paying the required child support. She needs to be prosecuted if necessary to get that money for your children.

[jeff0633]

Thanks Grace. The state is trying to find her. i have to call the day before they set a court date to see if she has been served, she hasn't yet in years. There is another court date Nov 29th, but i am sure they will tell me to forget it.

So is a judgement action just like a bankruptcy? I swear, I cried today there was so much pent up emotion in me and worry. It has been hours and I can still feel the feeling in my eyes. I know it looks bad for a grown man to cry, but I just can't help it when I think of what my kids have been through, and now I am afraid their friends will see the Police here going through our trailer. It makes me want to break down and sob and I have a couple times today. My kids are so wonderful. I told them Chirstmas would be tough, and my darling little eleven-year-old girl said "that's alright daddy, I don't need nothing for Christmas. It breaks my heart--no, it shatters my world. I was just thinking that by the time of the judgement, my daughter will have a gift or two, maybe a boom box or something, and I guess i will have to declare it on my exemption and also whatever i get my darling son. My kids don't deserve this, and it's my fault. I have hung with them and loved them ever since it's been just us three, but I have not been able to provide high-dollar clothes, gifts and a home for them, yet they deserve a mansion. God I love them so. You can see how upset I feel inside. I wish i could just protect them from all of this.

Thanks so much for listening folks.

Jeff

[CindyLou]

They will not come to your house and look at your "stuff". They will only look at things are titled or of significant value. Are you SURE your vehicles are work as much as you are estimating. Remember, its not retail value. If you post the exact make model and miles of both I will run the estimate for you. It may be that you don't have anything to worry about. Also, the question about whether judgements and BK are the same, the answer is no. BUT the things that are exempt, or safe from being liquidated to pay your debts in both bankruptcy and judgments are the same for the state. I am sooooo happy to hear that you are feeling better! That is wonderful. Keep talking to legal aide and follow their advice to the t!!!! Keep us posted on everything.

[jeff0633]

Hi Cindy.

I ran the vehicles on that site and came up with 3,559.00 for the van, and 500 trade in on the car, or 900 for private seller. I figured I would claim about 2,900 exemption on the van since the seats have stains, original mats and such that go in the back area are missing and such. The cassette doesn't work, Air conditioner compressor is going out and will only cool half the time. If I sold it in my yard, (that's what the attorney said when I talked to her) I would probably get a private buyer for 2,800 or so. I figure 600 for the car. Anyway, if you would like to run them, the van is a 97 pontiac trans sport. Gray color, cruise control, cassette AMFM (cassette doesn't work, Power driver seat, power windows, (one back one doesn't work), it has a side door and a back door, not a door on both sides. Back windows are tinted. 93,000 and change miles. The car has 125 thousand miles, 97 plymouth Breeze, dark red, no power windows, 2.4 liter engine, no power seats or locks either. I put an AMFM CD player in it. Original was just an amfm cassette.

After writing my last post when i was talking about the kids, I was feeling very sad again, but i went and took a hot bath, shaved and that made me feel so much better and more relaxed. I am sure that this is the right route for me to take, but it's still so hard and embarrassing. really, I just wish i had someone to talk to about this situation. My mother can only listen to so muc worry, I don't want my kids worrying about it, and My brother can only take so much. It's tough being a single person and going through this, because you feel like you want someone to comfort you and to go through it with you, ya know? It would be different if I had a partner going through it with me, a teammate. I love being single most of the time, I am a guitar player and sometimes I play for folks at a party or something, and at those times, I love being single, but at times like these, I wish I had someone to go through it side by side with me, where we could count on each other's strength in times of weaness. That's one thing i miss about being married.

Thanks so much for listening.

Jeff

[CindyLou]

1997 Pontiac Trans Sport 2 Dr SE Passenger Van
Trade-In Private Party Dealer Retail
National Base Price $1,831 $2778 $3,935
Optional Equipment $73 $103 $153
Power Driver Seat $27 $38 $57
Power Windows $22 $31 $58
93,000 miles $464 $464 $464
Condition Adj.
Rough $-654 $-979 $-1,392
Total $1,665 $2,291 $3,054

trade in
+Private party/2 = $1978 which is what I would go with on the van


Car
came up 434 784 so.....434 plus 782/2 = 826....depending on how the car actually looks you could go to 600.

So 1978 + 600 = 2575...puts you want under the $4000.
Can you use the left over from the car to use towards personal items? Also what does your exemption say about the wildcard?? What about the vehicle. Can you please give me a quick run down on exemptions and we wil go from there. You are going to be fine. We are going to work you through this. It can be done!!!!! you can prevail!!!!!!!!!!!!!!!!!!!!!!!!! and I'm sure your kids will respect you more for seeking out help with these situations. These could be good learning situations for them after the fact once all the emotions aren't so hi.

[CindyLou]

in reference to your ex.....I'm really good at finding people. have some tools at work i can utilize. if ya want help I can start with name dob, last known address.last know employer. social # is good, but not completely necessary. This loser needs to pay up!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! We will find her for you.

[BK'd-Betty]

Wow! Cindy - you have a big heart, I'm so impressed with you! Thank you so much for your kindness to this person and every one else.

I wish there were more people like you in this world.

Jeff, I wish I could help you, I can't - but I will say a prayer for you!

[jeff0633]

Thanks so much Cindi. You are a true angel. I will go with what you said on the vehicles. And yes, I have 4,000 I can claim in personal belongings, which means I will have plenty left for just about everything, which is great. I will print your estimates out and show the attorney at Legal Aid when I have my meeting with her. I don't see anything about a wildcard in the Tennessee exeptions, but here is a link to them.

http://www.totalbankruptcy.com/state_exemptions_tennessee.htm

The vehicles come under the personal property exemptions. I don't see anything about a wildcard option. Cindy, if I can use your vehicle estimates, I will be in great shape. That will give me plenty to work with for the rest of my stuff, and really, the car has the engine light coming on, has a dent in the side, leaks oil, I am almost willing to just let them have it. I have given away cars to my brothers that have been better than this. I even gave one to charity years ago that was better. I have gotten my use out of it for 5 years, and really, it will start costing more money to upkeep than it's worth. I haven't decided yet. As for my ex, I believe her last name is Miller.
Edit I think they might be in Mississippi. I believe she married this guy Rusty Miller, and she is using him for cover. She doesn't work, so no employers to find. I would say she probably owes me over ten thousand.

Cindy, I can't tell you what all your support and help means to me. That goes for everyone here. Please email me if i need to give you some more private info. email is Edit Here is a list of questions that I have been working up for the Legal Aid meeting a week from Thursday (thanksgiving)

Questions for the Legal Aid appointment.

1. How long will they have to take possession of my personal belongings? Will they be able to come in my home more than once, will I have to be notified?

2. Ask about the car and the van and the fact that Kevin (my brother) purchased the van for me. My brother can show that he took 5,400 cash out of his checking account on the day we purchased the van, and the people at the car lot remember us because we paid in cash..

3. Ask if I need to be at the judgement hearing, since I do owe the debt and I cannot dispute it. Would being there be of any benefit to me?

4. Online, the resale value for the van considering average condition is 3,559.00. I feel like there are a few more things wrong with the van, like tires and brakes. I believe it to be worth 3,000.00 Is this assessment fair? Will they accept this? Who decides if my assessments are realistic, who would be in a position to disagree with my assessments and how would they dispute them?

5. I have direct TV. The receiver and dish are not mine but belong to Direct TV. Can they take a comcast cable box or a directTV box?

6. Will my bank be able to refuse a freeze on my SSI checking account as long as I file it during the 10 days after hearing? Will they still be able to freeze and then make me prove it is only used for SSI, thereby causing me a time delay to get my money out of the bank and pay my bills? Will the bank have the right to refuse to accept the freeze no matter what if I bring them a copy of the form filed and warn them about what might happen? The bank know that the only activity with the account over the last couple years is SSI and social security checks coming in and each month I take it out and leave five dollars in. The tellers know why I am there each month and know what to do as soon as I pull up.

7. What about washer, dryer, fridge and stove, must I make these exempt too, or are they part of the home?

8. Will they hall everything away, like even old furniture, or will they only take stuff that has a certain value? How low does the value have to be? If the shaky desk my computer is sitting on is worth 5 dollars at the flea market, will they take it?

Thanks so much Cindy. please email me if you need any more info.

Jeff

[Spartan]

You probably shouldn't publish the ssn.

[jeff0633]

You probably shouldn't publish the ssn.

Thanks, I didn't know I should not do that, but I seem to remember web sites to list deadbeat parents who can't be found. For some reason I thought I had seen SSN numbers there. Oh well, if she sues me for it, then she will have to show up in court and we'll pop her with a warrant for her arrest for chid support. Yeah, now that I think about it, I should not do that anymore. She doesn't work so it won't even help find her anyway. The child support enforcement folks have it and they can't seem to find her for 4 years.