Yes, in Washington there is a 125K homestead act which protects the first 125k of a person's equity. My house has gone down in value. Way down.
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For your vehicle, are you going by auto dealer trade in value to determine exemption?
Originally posted by treehugger1 View PostAnd, if you claim your exemptions and challenge the seizures, they would have to come up with your exemption amount. If your houshold furnishings have a $3000.00 exemption, they have to cover that exemption amount before they pay themselves. They do not want to play this game. cars are the same way. In Oregon the automobile exemption amount is $2150 for one vehicle. Neither of my vehicles have that much equity. They can have either one for $2150.00 in my pocket. And, they would have to payoff the current lienholders. I doubt there is much risk in them dinking around with such matters.
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I error on the side of caution, and use private party used value. The point is that I really don't care what they do. If they seize a vehicle, I expect my $2150 exemption paid to me. It won't break my heart if they take my vehcles. Just two more payments I would not have to worry about. On the other hand, I do need my vehicles, but in a pinch I could use public transit systems, bicycle, and rent a car for temporary long distance travel issues. I'm not married to my vehicles, but I do expect my state exemptions to be honored.
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Originally posted by treehugger1 View PostI error on the side of caution, and use private party used value. The point is that I really don't care what they do. If they seize a vehicle, I expect my $2150 exemption paid to me. It won't break my heart if they take my vehcles. Just two more payments I would not have to worry about. On the other hand, I do need my vehicles, but in a pinch I could use public transit systems, bicycle, and rent a car for temporary long distance travel issues. I'm not married to my vehicles, but I do expect my state exemptions to be honored.
The truth of the matter is that they don't want my old crappy truck. They won't get any money out of it. It will just end up costing them money to take it and they still won't get the debt paid at all.
When debt collectors call up saying they will take my vehicle, they are bluffing. One of them even called me saying they were going to take my boat. I don't even own a boat. They just lie all the time.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.
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Originally posted by GoingDown View PostWhen debt collectors call up saying they will take my vehicle, they are bluffing. One of them even called me saying they were going to take my boat. I don't even own a boat.Filed Ch 13 - 2/2010
341 meeting - 4/2010
Confirmed! - 6/2010
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Originally posted by GoingDown View PostPeople worry too much about whether it is called judgment proof or collection proof. They are really the same thing.
But since debt collectors know that I am collection proof, they usually don't bother trying to get a judgment against me, so in that sense, I guess you could say I am judgment proof.
My home is rented. I don't own any real estate. I don't intend to ever own any real estate. I like to be able to move around to get away from bad neighbors and stuff like that.
My only vehicle is currently worth less than $5,000 (according to the Kelly Blue Book) which is exempt under Arizona law. It's not new and pretty, but it gets me where I want to go.
I don't have a checking account. No savings account, no investments. Which also means no fees for bouncing checks, etc.
I use cash, money orders, and pre-paid Visa cards for everything. I find that I spend far less when I have to hand over cash to some cashier at a store or restaurant.
I do temp jobs that last for no more than a month or two at best. Most last less than one month. By the time they started garnishing wages, the job would be over, and I would be moving on to a different job. I get these jobs at a free job service which posts temporary job listings in my area. A lot of people aren't willing to work at temp jobs, but they are good money (as long as you live cheaply) and they give me flexibility to go on lots of vacations to places like Oregon (to visit relatives) whenever I feel like it. I'm not tied down to job. To be honest, I don't think I could handle a regular job that went on month after month, year after year. It would be horrible for someone like me.
The other things I do are self-employed things that are very difficult (and time consuming which is expensive for lawyers) for any creditor to figure out. I certainly would never volunteer this information to any creditor and I honestly don't know how they would ever figure it out. In the unlikely event that they did a judgment exam, my self employment could suddenly, easily, and voluntarily drop to zero, so they still wouldn't get anything. The kind of work I do requires just a few cheap tools (which are exempt under Arizona law), and no inventory. I just buy stuff at Home Depot when I need it for a job, rather than keep an inventory. Creditors would have nothing to seize.
I do not use credit for anything. I will not even apply for a job that checks my credit report. My credit report has no recent activity. That looks bad to a debt collector.
I understand that most people would not want to live this way, but for those who want to drop below creditor radar screens, this is the way to go.
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