Please list the month you stopped paying on your CC and the month of first judgment

[debtmonster]

Yes, you can have the Sheriff effect a levy on account receivables. They come in and you are not allowed to open your mail, they open it and take the checks, check your bank statements and your books. They can do this over and over until the debt is paid.

That sounds like fun. I never get checks. Everything is paid electronic deposit from the MLM.

[CompTweaker]

So back to the discovery, you just handed them all the info they need to walk out of court with a judgment and now to locate you bank account, assets and job along with an order to seize those things. Whereas before they might not have had a clue where you worked, banked or what you own.

You're forgetting about the debtors exam.....but anyway you make it sound like it is so simple for them to seize your things. Well, its NOT that simple. The collector in you is shining through.

But it actually looks like we agree on something. As I mentioned in earlier posts, the amounts they're suing me for are way over the top!!
And as far as the discovery process, I'll repeat it, everything I have is exempt and thats probably the case with most people who stop paying on their debts because they cant afford to make the payments. You make it sound like I and others here who want to challenge the debt collectors are just doing it to get out of paying a debt. I CANT AFFORD TO PAY THE DEBT! Do you think I'm sitting around living a lavish lifestyle, driving beamers and buying stocks?

You know whats really ironic? Here you are, judging me and putting me down and from what I've read, your debt hole is MUCH deeper than mine, and with MANY more accounts.....so point that thumb while you're pointing the finger pal! Neither one of us asked for disability or job layoffs!!

[debtmonster]

I CANT AFFORD TO PAY THE DEBT! Do you think I'm sitting around living a lavish lifestyle, driving beamers and buying stocks?

Like I said, it's spelled, "Bimmer", not "Beamer".

Beamer = BMW motorcycles
Bimmer = BMW cars

Reference: http://www.bmwccbc.org/misc/tech-and-trivia/bimmer.html

My 6-figure income has now dwindled to a $40-50k income... so I'm giving it all back, too.

[CompTweaker]

just because you can't afford to pay a debt is not a defense.

Oh really? Well, it actually IS MY defense since I had no control over JOB LOSS!! But no, I wouldnt use it as a defense in court, maybe explain it to a judge if specifically asked, but I am using it to explain to YOU why I or anyone else may choose to fight a debt collection lawsuit in court. What part of that did you miss or not understand?
And do you really think I need a reality check? Dont get me wrong, I welcome all sides of arguments for a good debate. Everyone here benefits. But you are very adamant in arguing your side of not fighting a lawsuit to the point that I question your true motives behind it. And you've already admitted yourself that you once worked in collections....so maybe thats why you argue against fighting it so much, I dont know. Sorry, but it seems to me, being in the same boat as I am, you could get your points across without being so biased. And btw, just like you, I also have an exit plan!

But I would love to sit in the court room and listen to you tell the judge I have no money and see what happens. If you really have no assets, no job, and no money in the bank then you really have no reason to even bother trying to defend against the action. Who cares if they charged a 1000% in fee's if you file BK later.

Nice job of contradicting yourself from your previous post. But anyways, once again, you are choosing to ignore what I've already posted. If I can fight the suits and win, then maybe I can put off filing BK, because at my age and with my family medical history, I would like to try to save it for something more important in case I dont land a good job with good benefits. UNDERSTAND?

But for me, I am not going to make my financial life, dealings and assets known to anyone until I either have too or choose too. So go ahead make my day, sue me, I won't fight it and I won't give the plaintiff any info they don't already have.

Well, one thing I think I understand now is the fact you and I are in different boats, but in the same sea. You my friend, have some things to hide whereas I do not.
So without judging, we are both suffering under different circumstances but it directs us back to the original point....should anyone try to fight the lawsuit or not? It all depends on many variables, factors, state statutes, and a person's drive and willingness to fight back after arming themselves with knowledge or arming themselves with an attorney! I would like to note though, that the majority of lawsuit cases I have researched in my area and have read about on other forums, almost all of them that were won by the collector are listed as "default uncontested". So at least if you try to fight it, and you lose, the end result is the same, but you tried! You lost and there is a judgement! But if you fight it, it just might get listed as "case dismissed", and I've seen a lot of those listed in my area! Knowledge is Power! And on that note, another book arrived in my mail today that I ordered..."Represent Yourself in Court" 6th edition from the NOLO series

[Flamingo]

Oh really? Well, it actually IS MY defense since I had no control over JOB LOSS!! But no, I wouldnt use it as a defense in court, maybe explain it to a judge if specifically asked, but I am using it to explain to YOU why I or anyone else may choose to fight a debt collection lawsuit in court. What part of that did you miss or not understand?
And do you really think I need a reality check? Dont get me wrong, I welcome all sides of arguments for a good debate. Everyone here benefits. But you are very adamant in arguing your side of not fighting a lawsuit to the point that I question your true motives behind it. And you've already admitted yourself that you once worked in collections....so maybe thats why you argue against fighting it so much, I dont know. Sorry, but it seems to me, being in the same boat as I am, you could get your points across without being so biased. And btw, just like you, I also have an exit plan!


Nice job of contradicting yourself from your previous post. But anyways, once again, you are choosing to ignore what I've already posted. If I can fight the suits and win, then maybe I can put off filing BK, because at my age and with my family medical history, I would like to try to save it for something more important in case I dont land a good job with good benefits. UNDERSTAND?

Well, one thing I think I understand now is the fact you and I are in different boats, but in the same sea. You my friend, have some things to hide whereas I do not.
So without judging, we are both suffering under different circumstances but it directs us back to the original point....should anyone try to fight the lawsuit or not? It all depends on many variables, factors, state statutes, and a person's drive and willingness to fight back after arming themselves with knowledge or arming themselves with an attorney! I would like to note though, that the majority of lawsuit cases I have researched in my area and have read about on other forums, almost all of them that were won by the collector are listed as "default uncontested". So at least if you try to fight it, and you lose, the end result is the same, but you tried! You lost and there is a judgement! But if you fight it, it just might get listed as "case dismissed", and I've seen a lot of those listed in my area! Knowledge is Power! And on that note, another book arrived in my mail today that I ordered..."Represent Yourself in Court" 6th edition from the NOLO series

I read your above response to another poster with interest. My best friend's 30 year old son is a slacker; goes from job to job, bums money off of friends/family constantly citing a non-working ill wife (but who constantly gets pregnant), 3 children under 10 at home, another on the way, and basically just doesn't get it (refuses to get more education, etc....he is just used to the handouts). Well, he thinks he is so slick as to putting off paying back creditors or family (family/friends has stopped bailouts - all learning the hardway and out money). His latest trick to someone he borrowed money from to have their electricity put back on turned into a big lie of how a money order was sent from Walmart yet the person never received the money order (in plain words, the money order was never sent as they "lost" the tracking slip and it takes 6 to 8 weeks to trace). They cannot reach him at all now via phone. Anyway, my friend told me that he lost his state tax refund due to a judgment by a car repair place and others are after his paycheck (he didn't think that they would do that or that was possible). He just keeps trying to move around and avoid it. What he doesn't know yet is that it all will eventually catch up with him.

In plain words when it comes to unpaid debt and collections, "You can run but you can't hide." Just as to the above with the garnishment of a state tax refund, they will find you if they want to.

[debtmonster]

Man, that guy sounds worse than me!!

All I need is 3 kids under 10! But then I could never sleep late. How does he pull that off? I slept all morning today and went to bed around 4 AM. Why? Because I could.

That's the good thing about having no job... you get more freedom with time. The negative is that you never get to visit Hawaii, Europe or any other cool place.

Oh well.

[fltoo]

BigBoy's viewpoint is based on intelligence and common sense, not the fact that he was in collections.

[debtmonster]

BigBoy's viewpoint is based on intelligence and common sense, not the fact that he was in collections.

In the voice of the old "Wazzzzup" Budweiser commercial... "True. True."

This is still all very interesting to read. All of the debates are provoking thought and lots of great information from both sides of the fence are coming out. Lots of great reading on here, even if people are pissed off while posting.

[CompTweaker]

I read your above response to another poster with interest. My best friend's 30 year old son is a slacker; goes from job to job, bums money off of friends/family constantly citing a non-working ill wife (but who constantly gets pregnant), 3 children under 10 at home, another on the way, and basically just doesn't get it (refuses to get more education, etc....he is just used to the handouts). Well, he thinks he is so slick as to putting off paying back creditors or family (family/friends has stopped bailouts - all learning the hardway and out money). His latest trick to someone he borrowed money from to have their electricity put back on turned into a big lie of how a money order was sent from Walmart yet the person never received the money order (in plain words, the money order was never sent as they "lost" the tracking slip and it takes 6 to 8 weeks to trace). They cannot reach him at all now via phone. Anyway, my friend told me that he lost his state tax refund due to a judgment by a car repair place and others are after his paycheck (he didn't think that they would do that or that was possible). He just keeps trying to move around and avoid it. What he doesn't know yet is that it all will eventually catch up with him.

In plain words when it comes to unpaid debt and collections, "You can run but you can't hide." Just as to the above with the garnishment of a state tax refund, they will find you if they want to.

Are you comparing me and my situation to the slacker you're describing? If so, I dont see your point other than injecting more insults to start a different argument that has nothing to do with my case or the discussion points of this thread. And I didnt say anything about hiding from the lawyer or CA. They have my address and know right where I'm at, and they'll see me in court! If they win the lawsuit, I'm filing chapter 7. If I'm a slacker for doing that, then I guess I'll join the many thousands of other slackers across this country who have lost their jobs to NAFTA and were forced into BK! Because before that, I was doing just fine paying ALL of my bills! What would you do if you were in my shoes? I see you filed bk, granted it was a ch.13, but you still needed bk protection.

[CompTweaker]

BigBoy's viewpoint is based on intelligence and common sense, not the fact that he was in collections.

as were my viewpoints.

[debtmonster]

That's what people do on forums. They love to instigate arguments. Just ignore them.

[Flamingo]

Are you comparing me and my situation to the slacker you're describing? If so, I dont see your point other than injecting more insults to start a different argument that has nothing to do with my case or the discussion points of this thread. And I didnt say anything about hiding from the lawyer or CA. They have my address and know right where I'm at, and they'll see me in court! If they win the lawsuit, I'm filing chapter 7. If I'm a slacker for doing that, then I guess I'll join the many thousands of other slackers across this country who have lost their jobs to NAFTA and were forced into BK! Because before that, I was doing just fine paying ALL of my bills! What would you do if you were in my shoes? I see you filed bk, granted it was a ch.13, but you still needed bk protection.

Where do you get that I am comparing you to the person I described in my posting? I found your posting of interest and brought up my friend's slacker son's situation that to show that anyone trying to avoid collections will eventually get tracked down...it had nothing to do with you at all...but as to the situations being described in this thread. Many people on here when then respond with a "you" means anyone in general reading the posting. If I was responding to you directly on something, I would have addressed you personally by name.

[CompTweaker]

Where do you get that I am comparing you to the person I described in my posting? I found your posting of interest and brought up my friend's slacker son's situation that to show that anyone trying to avoid collections will eventually get tracked down...it had nothing to do with you at all...but as to the situations being described in this thread. Many people on here when then respond with a "you" means anyone in general reading the posting. If I was responding to you directly on something, I would have addressed you personally by name.

I sincerely apologize. It just appeared like you were doing a comparison to me since you quoted what I said.....my mistake. And of course, I'm a little on edge with this discussion because of some others comments. As far as people trying to hide, I agree with you 100%. Theres no sense in doing it unless you plan to live the rest of your life in another country.

[debtmonster]

I sincerely apologize. It just appeared like you were doing a comparison to me since you quoted what I said.....my mistake. And of course, I'm a little on edge with this discussion because of some others comments. As far as people trying to hide, I agree with you 100%. Theres no sense in doing it unless you plan to live the rest of your life in another country.

Living in another country is cool as long as you have $$$ coming to you in US Dollars. Once you convert the money, you're RICH!

People who are 65 and older have already figured this out when they move to South or Central America.

[debtmonster]

I had a long response, but its no longer worth my time to waste it. You have issues Comptweaker, others like Treehugger have explained the same thing as I have and pointed out the pitfalls. And you still come back with an excuse "I lost my job" and then you ramble on about NAFTA and other crap.

You seem to be fixated on the fact that 15 years ago I owned a repossession agency and did some collection work. Whatever, I just happen to know a lot more than you about how all this works, its that simple.

So, you come here ask for advice or make statements and get responses that you don't like then go on a rant to those people. Please don't compare me with you, it's not a comparison that I want to share. Treehugger and myself are more on the same page, and I suggest you read what Treehugger has posted. I can't help but notice he said things that are very close to what I have said and some parts are more detailed yet, you don't attack him. So, no more passive aggressive with me, others can deal with your ignorance.

Don't sweat it. I still enjoy reading your posts. They are very informative.

Keep posting your explanations on stuff. I enjoy reading them.