Crap 1 debtor exam

[catleg]

I can't tell whether I've been complimented or insulted.

En garde, monsieur!

[treehugger1]

Pure compliment

[GotNoMoney]

I have read this whole thread with much interest but I have a couple questions I hope someone can answer.

1. The OP states it mailed to him via USPS and I don't think he said it was sent certified. Since a lot of people have said you "must" respond to this or a judge can issue a bench warrant who is to say you received it if it was sent First Class Mail only? Since it was not served upon him or he did not sign for it (certified mail) what proof does anyone have he received it? What if (since I use a PO Box) I didn't get my mail for a month (and sometimes I don't) or I am traveling and this is sent to me and I have no idea it was sent. I am lost as to how you can have a legal proceeding against you without proper notice or the other party providing proof it was mailed. I think of all the people that move and leave no address and unless the person writes return to sender you never got it. Or what if (and this is not that far fetched) the law firm that mailed this really never sent it out? Is this something that is only state dependent? Some wacky law in one state? Or does this apply all over? It makes no sense to me that you can have a legal document sent First Class Mail and the sender has no proof it was received. If I missed the part that this was served or sent certified please ignore the above.

2. I am lost as to how not answering creates an affirmative answer and that by wording a question that states "this debt is not chargeable in BK" then makes it so. Since you never responded can someone point me to where I can read or learn how a non-response to the whole document (not just that one question) then makes the whole document a legal and binding. I just want to know where a law says that by not answering this I now state all of it to be true. And like posted in here, a question that clearly is not true how can that them be true by not answering. As pointed out what if it said I owed them one million dollars for a $2000 debt. Based on what I am reading if by not answering that the debt is dischargeable it then becomes non-dischargeable on what grounds? Doesn't a federal judge have the authority to overturn any lower courts ruling? Thus a BK judge can still discharge the debt?

[DeadManCrawling]

Hey, welcome to the forum. I will try to help, but you need to research more, as well.

1. In some states, merely attempting to serve notice is good enough. It does not matter whether it was certified, mailed, sent FedEx, advertised in the paper or yodeled in the town square. Debtor is screwed.

2. This is mostly an empty threat, designed to frighten people. The judgment is NOT discharged in BK. None are, ever. However, the judgment IS rendered ineffective by BK. Sometimes it takes an extra motion or action by the clerk of the court to vacate the judgment. So, in legal terms, the debt becomes a judgment, which is NOT discharged, but cannot be collected and can be vacated (removed) in a separate action following the BK discharge. In this circumstance, BK is the only way to get rid of the judgment. Anyone who has proceeded as far as a Debtor's Exam had better, if they are smart, be ready to file BK.

Not answering, and NOT filing BK can result in jail time. That is somewhat rare, but not unheard of, and a risk not worth taking. Get the wrong judge at the county level and you could be residing in the local jail.

Hope that helps a little.

[treehugger1]

Why should someone be prepared to file for BK if a notice of a debtor exam is served on them? During the last suit against me by Citi, I could see this coming after I failed to answer. What I did was immediately file a notarized declaration of exemptions and assets with the court. I mailed a copy of all I could think of to the plaintiff's attorney. As far as I can tell, everything involved with this suit has now ground to a halt; judgment or no judgment. It seems to me that the plaintiff's attorney did the right thing and stopped wasting time on this suit. The court clerk wasn't happy that I was filing a declaration of exemptions prior to a motion of request from the plaintiff. I did it anyway, and they HAD to include it in my case file (they have no choice under my state law.) My declaration now shows on my statewide court system electronic information system. It even has my "official" local court seal stamped on the original copy on file. If I receive another request for such info from others, I'll send them a first class letter as a reply telling them the civil suit case number, and they can go look it up themselves. I've learned that my local judges can be quite liberal when it comes to pro per situations.

[Martha31]

Hey, welcome to the forum. I will try to help, but you need to research more, as well.

1. In some states, merely attempting to serve notice is good enough. It does not matter whether it was certified, mailed, sent FedEx, advertised in the paper or yodeled in the town square. Debtor is screwed.

2. This is mostly an empty threat, designed to frighten people. The judgment is NOT discharged in BK. None are, ever. However, the judgment IS rendered ineffective by BK. Sometimes it takes an extra motion or action by the clerk of the court to vacate the judgment. So, in legal terms, the debt becomes a judgment, which is NOT discharged, but cannot be collected and can be vacated (removed) in a separate action following the BK discharge. In this circumstance, BK is the only way to get rid of the judgment. Anyone who has proceeded as far as a Debtor's Exam had better, if they are smart, be ready to file BK.

Not answering, and NOT filing BK can result in jail time. That is somewhat rare, but not unheard of, and a risk not worth taking. Get the wrong judge at the county level and you could be residing in the local jail.

Hope that helps a little.

"Not answering, and NOT filing BK can result in jail time. That is somewhat rare, but not unheard of, and a risk not worth taking. Get the wrong judge at the county level and you could be residing in the local jail."
Would this be a misdemeanor or a felony charge?

[HHM]

"Not answering, and NOT filing BK can result in jail time. That is somewhat rare, but not unheard of, and a risk not worth taking. Get the wrong judge at the county level and you could be residing in the local jail."
Would this be a misdemeanor or a felony charge?

It is Civil Contempt of Court. Basically, post judgement interrogatories are a court order (i.e. the court is ordering you to answer them). If you do not comply, you are in contempt of court. In civil contempt, the judge can issue a bench warrant. This does not mean they will come get you, but if you ever got pulled over, the warrant would show up and you would have to post a bond.

[DeadManCrawling]

That's a good question. I don't know the answer whether it is felony or misdemeanor.

Treehugger, you are far more adept than most of us, as far as juggling the legal system as good as or better than some attorneys. You went to very intricate lengths, and it paid off very nicely for you.

Most of us would not know where to begin, when to file such declarations or even who to do so with. I, personally, know how to do this, in large part from your posts. I diidn't want to go to such an intricate level, and needed to file bk anyway, so it was the obvious choice.

We timed our bk to be filed a couple weeks before the default judgment on contempt would have been entered.

To you, and others, like yourself, I congratulate you for taking the time and knowing the methods to protect yourself and grind the system to a halt.

[OHBOY]

Why should someone be prepared to file for BK if a notice of a debtor exam is served on them? During the last suit against me by Citi, I could see this coming after I failed to answer. What I did was immediately file a notarized declaration of exemptions and assets with the court. I mailed a copy of all I could think of to the plaintiff's attorney. As far as I can tell, everything involved with this suit has now ground to a halt; judgment or no judgment. It seems to me that the plaintiff's attorney did the right thing and stopped wasting time on this suit. The court clerk wasn't happy that I was filing a declaration of exemptions prior to a motion of request from the plaintiff. I did it anyway, and they HAD to include it in my case f

Treehugger: Do you think it's possible to file a notarized declaration of exemptions and assets with the clerk BEFORE being sued... just to have it on the record ?

I will be filing a 'Declaration of Homestead' with the clerk, and had been wondering IF it would be acceptable to INCLUDE a statement that clarifies that the property is not only my homestead, but also the ONLY realestate owed within the State or anywheres....

Also: are you willing to give an example as to what your notarized 'declaration of exemptions and assets form' ended up to look like ? i.e. did you just state in general terms ( i.e) 'IRA exemption'/AND listing any amounts ?' Directly state value of any assets ? I believe mine would be exempt anyhow... but, just curious how that portion would have to be handled.

I am REALLY intrigued by all of this, as I believe that it certainly was a VERY smart move on your behalf.

[HHM]

Treehugger: Do you think it's possible to file a notarized declaration of exemptions and assets with the clerk BEFORE being sued... just to have it on the record

Most likely not, without an active case number, there is no "matter" at the court in which to file something.

Also, in most states that require "filing of a homestead", it is a standard form, you do not want to alter it.

What treehugger did (albeit creative) was still "reactive" to lawsuits. I am not aware of any way to do this pro-actively before a lawsuit is filed.

[OHBOY]

(Quote"Also, in most states that require "filing of a homestead", it is a standard form, you do not want to alter it."

THANKS 'HMM': I had just thought of including that little 'tidbit' because in FL there is no standard form for the homestead declaration...

[Violet]

Originally Posted by treehugger1
Why should someone be prepared to file for BK if a notice of a debtor exam is served on them? During the last suit against me by Citi, I could see this coming after I failed to answer. What I did was immediately file a notarized declaration of exemptions and assets with the court. I mailed a copy of all I could think of to the plaintiff's attorney. As far as I can tell, everything involved with this suit has now ground to a halt; judgment or no judgment. It seems to me that the plaintiff's attorney did the right thing and stopped wasting time on this suit. The court clerk wasn't happy that I was filing a declaration of exemptions prior to a motion of request from the plaintiff. I did it anyway, and they HAD to include it in my case file (they have no choice under my state law.) My declaration now shows on my statewide court system electronic information system. It even has my "official" local court seal stamped on the original copy on file. If I receive another request for such info from others, I'll send them a first class letter as a reply telling them the civil suit case number, and they can go look it up themselves. I've learned that my local judges can be quite liberal when it comes to pro per situations.

Treehugger: Do you think it's possible to file a notarized declaration of exemptions and assets with the clerk BEFORE being sued... just to have it on the record ?

I will be filing a 'Declaration of Homestead' with the clerk, and had been wondering IF it would be acceptable to INCLUDE a statement that clarifies that the property is not only my homestead, but also the ONLY realestate owed within the State or anywheres....

Also: are you willing to give an example as to what your notarized 'declaration of exemptions and assets form' ended up to look like ? i.e. did you just state in general terms ( i.e) 'IRA exemption'/AND listing any amounts ?' Directly state value of any assets ? I believe mine would be exempt anyhow... but, just curious how that portion would have to be handled.

I am REALLY intrigued by all of this, as I believe that it certainly was a VERY smart move on your behalf.

I have recently been served by Discover. I have to file an answer by December 21. Would it be possible to file a notarized declaration of exemptions and assets with my answer?

I'd love the opportunity to tell them how broke and unemployed I am.

[GoingDown]

Hey, welcome to the forum. I will try to help, but you need to research more, as well.

1. In some states, merely attempting to serve notice is good enough. It does not matter whether it was certified, mailed, sent FedEx, advertised in the paper or yodeled in the town square. Debtor is screwed.

2. This is mostly an empty threat, designed to frighten people. The judgment is NOT discharged in BK. None are, ever. However, the judgment IS rendered ineffective by BK. Sometimes it takes an extra motion or action by the clerk of the court to vacate the judgment. So, in legal terms, the debt becomes a judgment, which is NOT discharged, but cannot be collected and can be vacated (removed) in a separate action following the BK discharge. In this circumstance, BK is the only way to get rid of the judgment. Anyone who has proceeded as far as a Debtor's Exam had better, if they are smart, be ready to file BK.

Not answering, and NOT filing BK can result in jail time. That is somewhat rare, but not unheard of, and a risk not worth taking. Get the wrong judge at the county level and you could be residing in the local jail.

Hope that helps a little.

I have never heard of anyone in Arizona ever going to jail for ignoring an interog. letter.

The prisons are full. They don't have the space, nor the manpower to put debtors in prison.

It's a scare tactic.

[GoingDown]

I have recently been served by Discover. I have to file an answer by December 21. Would it be possible to file a notarized declaration of exemptions and assets with my answer?

I'd love the opportunity to tell them how broke and unemployed I am.

You could simply send a letter to the attorney stating that you are judgment proof-- no assets, no wages to garnish, etc., and if I was an attorney and I got that letter, I wouldn't waste any more of my time on you. They may still get a default judgment against you, but they wouldn't bother following up much because if they don't think they're going to get any money out of you, then why bother wasting their valuable time and resources on you.

But make sure you get all of your money out of checking and savings accounts now, before it is too late.

[Widdle]

You guys got me thinking about a BK Memorandum on a Capital One Default Judgment

All of this discussion got me thinking about a BK "Memorandum Decision" where Capital One alleges fraud and non-dischargeability of debt...............




file:///C:/Documents%20and%20Setting...aud%5B1%5D.pdf