American General Finance/Furniture Repo/BK

[Bell30656]

I had some household goods pledged on a loan (computer, television, dvd, etc) and my lawyer put in a motion to strip the lien which went unopposed and was so ordered. The loan company had been very vocal about how they were going to come get THEIR stuff. They even called me at work to ask me what time I'd be getting home that evening so they could pick up their stuff.

I think it was all posturing. They did file against me in small claims court but from the day I filed forward? I haven't heard a peep out of them.

My lawyer asked me if the television was a nice one... I told him it'd be broken by the time I answered the door if they showed up for it. It's terrible how those wall mounts sometimes fail.

[catleg]

If you operate on the assumption that everything a debt collector tells you is a lie, you probably won't be too far wrong.

[Hollow]

Actually, friends of ours that consulted an attorney were told since they were self employed and their wages couldn't be garnished, why spend the money to file. I know it isn't cheap to file, but we may end up doing so anyways. Also, their case is different than ours, since they don't own a home, (theirs was foreclosed on and now they are renting), and also their vehicles are finance, and we own one outright, so I know now that it may not have been sound advice. This was months ago and we were just starting to get collection calls.

Of course, now, we get calls all day. We just don't answer the phone. We have a phone that has special ring tones, so if it doesn't ring a certain way, we know not to answer. It is getting to be a stressful way to live, and that's why I am so glad I found this site.

As far as the Agreement we signed when we bought the furniture, I will look for that tonight. We did get a letter from AGF a couple of weeks ago, that said they would protect their interests, etc.

Pertaining to our financial situation, my husband is self employed doing some flooring work, and also handyman/repair work. He decided to start his own business after trying for months to get a job. (one Sales job that he actually started with 31W, on the second day there, he and the other new hire were told that they "just found out" that they would be closing that branch, and was unemployed again after only 2 days of work. I am a bookkeeper and work part time for a realtor, and am also self employed.

As far as them garnishing our checking account, whenever possible, we cash our checks and pay what we can with cash.

I could go on and on about how we got into this mess, but as we all know, there are so many others in our situation. I cannot believe that we were extended so much credit, partly the creditors fault, but after we spent my husbands entire 401k to keep up mortgage payments and minimum credit card payments, we used them to pay utilities, buy food etc.,

ARGGGGGGGGHHHHHHHHH!

Thank you all for your quick response!!

The worst thing you have to worry about is any creditor putting a lien on the property after they win a judgment.

If you plan on staying in the home for years don't worry. As long as your mortgage is up to date.

You appear to be judgment proof.

[Hollow]

Can you explain to me what "judgment proof" means and why you feel this person is 'judgment proof' with a house, jobs and a $20K owned vesicle?

You must know something I don't.

Obviously I do.

[Bell30656]

Also the person must not live in Georgia... Judgment-Proof is pretty hard here if you actually own anything!

[LuciluS]

So, let me asking you something about Judgement Proof.

I'm on Social Security Disability which supposedly cannot be 'touchable by My Credit Cards I own...right? Hmm, k BUT I have a Car worth $5,800 Paid For and Own a Home which has very some equity in it.

It doesn't take a Rocket Scientist to figure out -I Am Not Judgement Proof! Plain and Simple.

Luci

[catleg]

Probably a wise-guy from the insideARM boards who wandered over here by mistake.

Hey troll, back under the bridge!

[justbroke]

What is it with this forum lately and newbie members who come in here that joined this forum only yesterday made two whole posts that are incorrect and your third post is a smart ass remark to me? Time to ask the moderators to verify some IP's and fix this.

Don't get too upset BigBoy. They came after me too, calling me argumentative and negative.

Some people just don't like the truth. And, some will jump in on a topic and do not have any clue about what the law provides and what usually happens in that situation.

Notice how I stayed out of the whole "judgment proof" talk. Because I don't have any experience with it, and there are people on here much better versed than I am. I'll stick to pro se filing and Chapter 13s, dismissals, and procedure.

While there are some exceptions to the rule, posts from someone who just came on here and has 5, 10, 15, even 100 posts, should be taken with a grain of salt. Notable exceptions are CH33 Paralegal. I'm just hoping that this board stays informative and has good information. Not just a bunch of random people who barely post, and when they do, it's inaccurate and/or they won't backup (via cites or whathaveyou) what they posted.

But, alas, this is the Internet.

I know that I've been wrong on occasion and I will be quick to admit it. I try not to delve into topics I don't understand and can provide no meaningful advice... wait... I'm doing it now.