hosto buchan prater & lawrence - experiences?

[BrokeIn2010]

Mom's court date is in 3 days, and she's worried, dealing with these folks. And it looks like Capital 1 is threatening me now (1 month behind, but not really it was paid, they took the money- bank statement, got the receipt and confirmation; they're claiming I didn't, a receipt don't mean they accepted the payment, bank statements can be faked, and they're sending me to "legal colletions" if I don't pay the payment plus penalty; amount around a $1000)

Anyone with experience with hosto buchan prater & lawrence? What's the most common type of judgment they go for?

Thanks.

[AngelinaCatHub]

Mom's court date is in 3 days, and she's worried, dealing with these folks. And it looks like Capital 1 is threatening me now (1 month behind, but not really it was paid, they took the money- bank statement, got the receipt and confirmation; they're claiming I didn't, a receipt don't mean they accepted the payment, bank statements can be faked, and they're sending me to "legal colletions" if I don't pay the payment plus penalty; amount around a $1000)

Anyone with experience with hosto buchan prater & lawrence? What's the most common type of judgment they go for?

Thanks.

I have no experience with these guys but they are "run of the mill" debt collectors. For only a thousand dollars they could only go to small claims court. I doubt it would be worth it to them to do so.

http://www.hosto.com/

Here is their website and if you note on their host page the block text of:

"Information:

This Law Firm is a debt collector. This is an attempt to collect a debt, Any information obtained will * used for that purpose. Please contact us at 1-800-892-1460 if you have any questions."

Where the asterisk is, you might get an idea of how thorough they may be to leave the word "be" out of their disclaimer. REAL good lawyers. 'Hub

[AngelinaCatHub]

What's the most common type of judgment they go for?

There is only one kind of Judgment in any civil case. A money judgment. You can only sue for money or replevin in Civil Court. Replevin is a Court ordered return of property held and not paid for. A Judgment of Replevin means you must give back an item and usually Court costs as well. Judgments are an award the Court gives to a Plaintiff who wins a Court case for damages that the Defendant caused. These damage may be set as statutory, actual damages, monies owed, plus the cost of recovery of all the above in the form of lawyer fees and Court costs. The Judgment is only and order that states you owe another person so much. It in itself is not an instrument that forces the payment. It gives the Plaintiff the legal right to pursue a collection action by getting a "writ" of attachment, garnishment, eviction, or otherwise collecting money or things to be turned into money to make the Plaintiff whole.

I hope that helps. 'Hub

[BrokeIn2010]

That's what I figured, but the way their doing mom I'm thinking they might jack it up in feed. They're hauling mom in for $3400 hundred, plus another $2000 in legal fees.

Plus I'm worried about dealing with them in the future and my wife's card: $5500, that we're likely going to get behind when her hours get cut (already got the notice). The house is free and clear (family property) with about 6,000 above the state-exemption. I'm just worried (new baby and all) how likely or common it is for a credit card debt to end up in your home being force to be sold to satisfy the debt/judgment.

[HHM]

What is the end game scenario for your mother? If you do nothing, she will eventually get sued, the creditor will get a judgement and they will do whatever they can with it to collect. (i.e. garnish wages, levy bank accounts, place a lien on your home, if there is enough equity, they can foreclosure that lien).

I don't quite understand these types of questions in the collection forum ... have you ever dealt with so and so. Who cares; you have a debt and if your posting here, the collection activity must be getting serious.

It doesn't matter WHO has your debt, the question is, WHAT are YOU going to do it about.

If you are only $6,000 above homestead exemption, in a BK, you probably don't have much to worry about, the trustee must factor in costs of sale.

Why not go borrow $6,000 against the house and settle these debts out?

[BrokeIn2010]

What is the end game scenario for your mother? If you do nothing, she will eventually get sued, the creditor will get a judgement and they will do whatever they can with it to collect. (i.e. garnish wages, levy bank accounts, place a lien on your home, if there is enough equity, they can foreclosure that lien).

I don't quite understand these types of questions in the collection forum ... have you ever dealt with so and so. Who cares; you have a debt and if your posting here, the collection activity must be getting serious.

It doesn't matter WHO has your debt, the question is, WHAT are YOU going to do it about.

If you are only $6,000 above homestead exemption, in a BK, you probably don't have much to worry about, the trustee must factor in costs of sale.

Why not go borrow $6,000 against the house and settle these debts out?

Mom's attorney is getting a continuance, and then he's filing for a Ch. 7.

We're working on getting a Ch. 7 or 13 ourselves at the moment, but the attorney is still being paid for and he doesn't know yet which we'll qualify for based on a few different factors.

[BrokeIn2010]

There is only one kind of Judgment in any civil case. A money judgment. You can only sue for money or replevin in Civil Court. Replevin is a Court ordered return of property held and not paid for. A Judgment of Replevin means you must give back an item and usually Court costs as well. Judgments are an award the Court gives to a Plaintiff who wins a Court case for damages that the Defendant caused. These damage may be set as statutory, actual damages, monies owed, plus the cost of recovery of all the above in the form of lawyer fees and Court costs. The Judgment is only and order that states you owe another person so much. It in itself is not an instrument that forces the payment. It gives the Plaintiff the legal right to pursue a collection action by getting a "writ" of attachment, garnishment, eviction, or otherwise collecting money or things to be turned into money to make the Plaintiff whole.

I hope that helps. 'Hub

So after they got a judgment, then it'd be..a Debtor's Exam similar to a Bankruptcy, asset discover sort of deal?

[AngelinaCatHub]

That's what I figured, but the way their doing mom I'm thinking they might jack it up in feed. They're hauling mom in for $3400 hundred, plus another $2000 in legal fees.

Plus I'm worried about dealing with them in the future and my wife's card: $5500, that we're likely going to get behind when her hours get cut (already got the notice). The house is free and clear (family property) with about 6,000 above the state-exemption. I'm just worried (new baby and all) how likely or common it is for a credit card debt to end up in your home being force to be sold to satisfy the debt/judgment.

Well, first some info. Are you or have you filed for bankruptcy? If and when you do, what kind? C7? This tolls all actions by suites in either direction. If you are suing or being sued, it stops that dead in the water. The wonder of the 'automatic stay'.

All of the amounts are below small claims Court limits. That means you would go to a hearing, only a Judge is there (plus the supporting clerks etc.) and you are asked if you agree with the allegation of X amount of money is owed to the Plaintiff. If you agree or not, you are then sent to ombudsmen (volunteer helper) for mediation. If you and the Plaintiff cannot work out a deal between yourselves, then back to the Judge. This happens pretty quickly. The Judge will usually ask more questions about did you work it out. If you have not, then a trial is ordered in front of the Judge later. This is where you argue reasons you do not owe or circumstances of wrongful debt or whatever you have to defend against the Plaintiffs claims. Depending on how successful you are, it is either dismissed and you are off the hook, or a Judgment is given the Plaintiff. No you won't go to jail. LOL. The Judgment is filed and the Plaintiff can take action to collect against you with a writ upon your bank account or otherwise. The Judgment has a value in percentage per year as well. If it takes three years to collect all or part, the percentage or interest is added on top. 'Hub

Edit: What state are you in. For a paltry 5K I doubt the Judge would allow your house to be taken from you. Free and clear is not always good. I suppose it is possible but they can only get what the Judgment is worth, and no more. It is more than likely you will work something out in mediation. Sometimes the Judge will set a static amount with no interest that you have to pay for so long. The Judge in the long run will set the value of the Judgment and if the costs are unreasonable, the Judge can adjust that.

[AngelinaCatHub]

So after they got a judgment, then it'd be..a Debtor's Exam similar to a Bankruptcy, asset discover sort of deal?

Yes.

[BrokeIn2010]

Yes.

Which would mean filing our exemptions, coughing up financial info (or as I call the bank statement: the divine comedy) and all that fun stuff?

They don't just get a judgment in their favor, then straight to the home-lien (bank accounts, wage garnishment is a lot easier rid according to the lawyer) in one shot?

As for BK: as I said up thread, paying on the attorney, he hasn't filed cause he doesn't know which we will qualify/get put into yet-- factors beyond money with our case.

[BrokeIn2010]

Well, first some info. Are you or have you filed for bankruptcy? If and when you do, what kind? C7? This tolls all actions by suites in either direction. If you are suing or being sued, it stops that dead in the water. The wonder of the 'automatic stay'.

All of the amounts are below small claims Court limits. That means you would go to a hearing, only a Judge is there (plus the supporting clerks etc.) and you are asked if you agree with the allegation of X amount of money is owed to the Plaintiff. If you agree or not, you are then sent to ombudsmen (volunteer helper) for mediation. If you and the Plaintiff cannot work out a deal between yourselves, then back to the Judge. This happens pretty quickly. The Judge will usually ask more questions about did you work it out. If you have not, then a trial is ordered in front of the Judge later. This is where you argue reasons you do not owe or circumstances of wrongful debt or whatever you have to defend against the Plaintiffs claims. Depending on how successful you are, it is either dismissed and you are off the hook, or a Judgment is given the Plaintiff. No you won't go to jail. LOL. The Judgment is filed and the Plaintiff can take action to collect against you with a writ upon your bank account or otherwise. The Judgment has a value in percentage per year as well. If it takes three years to collect all or part, the percentage or interest is added on top. 'Hub

Edit: What state are you in. For a paltry 5K I doubt the Judge would allow your house to be taken from you. Free and clear is not always good. I suppose it is possible but they can only get what the Judgment is worth, and no more. It is more than likely you will work something out in mediation. Sometimes the Judge will set a static amount with no interest that you have to pay for so long. The Judge in the long run will set the value of the Judgment and if the costs are unreasonable, the Judge can adjust that.

Tennessee.

[AngelinaCatHub]

Which would mean filing our exemptions, coughing up financial info (or as I call the bank statement: the divine comedy) and all that fun stuff?

They don't just get a judgment in their favor, then straight to the home-lien (bank accounts, wage garnishment is a lot easier rid according to the lawyer) in one shot?

As for BK: as I said up thread, paying on the attorney, he hasn't filed cause he doesn't know which we will qualify/get put into yet-- factors beyond money with our case.

Yes they can just go and attempt to get your stuff. The deal with the hearing is that you don't have to tell them where you bank etc. except within the hearing you MUST tell them all. It would be under oath. They can also send you an interrogatory which is much like a paper deposition. You must be honest with that. Then they can apply for a writ of attachment on your stuff equaling the Judgment.

[BrokeIn2010]

Yes they can just go and attempt to get your stuff. The deal with the hearing is that you don't have to tell them where you bank etc. except within the hearing you MUST tell them all. It would be under oath. They can also send you an interrogatory which is much like a paper deposition. You must be honest with that. Then they can apply for a writ of attachment on your stuff equaling the Judgment.

Nothing to hide, so nothing to lie about. It's just the process that's making little sense at the moment.

I was reading some of the lit. in our bk packet, and it says you have the option to buy-back non/over the exemption property, with payments to be paid directly to the court. Would that still be an option with this?

My priority is the house. wages, bank accounts, we can deal with that. I'm worried about them getting a judgment, then end up packing our bags cause they want the house for a Cap. 1 card.

[AngelinaCatHub]

Nothing to hide, so nothing to lie about. It's just the process that's making little sense at the moment.

I was reading some of the lit. in our bk packet, and it says you have the option to buy-back non/over the exemption property, with payments to be paid directly to the court. Would that still be an option with this?

My priority is the house. wages, bank accounts, we can deal with that. I'm worried about them getting a judgment, then end up packing our bags cause they want the house for a Cap. 1 card.

They can put a lien against your house. Unfortunately they could cause you a sale in Tennessee. You only have a 5K exemption on homestead 7k if two debtors. Not a very home friendly state. Here in FL no one can take your house except mortgage, but unsecured loans can lien it but not levy against it. Texas the same.

If you become an asset case, the Trustee will allow you to buy back your stuff. We were 5400 over and the Trustee let us pay in 12 450 payments no interest. The down side is you will not be discharged until that is cleared. But the upside is the automatic stay is in place that whole time. As HHM said, for only 6K you could take a home loan out and pay them off and avoid it all. If not possible for you, then bk will discharge that debt. Don't let it go so far as a Judgment because they are not automatically discharged. It will cost you more to get them lifted. 'Hub

[BrokeIn2010]

The odds of them going straight to that (just taking the house and selling for a $5k credit card) would be pretty low though, wouldn't it?

Home loan and personal loan both not an option: I can't find work, savings is gone trying to stay afloat, and the wife's job has been cutting bank. Trying to get the lawyer to go ahead with getting us in the Bk, but he says he needs time to research (frankly, I thinking of talking to another attorney)