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Got my first certified letter in mail.

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    #16
    You may want to be pro active with your creditors like GoingDown did. Send each of them a certified letter stating your income, your exemptions from collection efforts and that they would be wasting their time and money in a futile attempt to collect. You should close your joint checking account and set up a schwab account. Don't order checks since bill pay is free. Plus you can withdraw cash to give to BF so he can write the check if need be to pay bills plus schwab will reimburse ATM fees monthly.

    They can only seize accounts(only if they can find them) if they have a judgment against you.

    Change phone number to unlisted to end the constant collection calls.


    Originally posted by Jackdog View Post
    Thanks Jacko. I think I will hold off. I do need to get this Homestead Declaration set up. I have a little equity in my home so I need to make sure I have that protected. I'll call the courthouse Monday see what I need to do in order to do that. Still wondering if that is something I need a Lawyer for or can I just do that myself.

    Thanks again everyone. Being able to get the house AC fixed is going to be a huge relief and I'll have the money in no time to do that since I won't be saving for the BK.

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      #17
      Jacko you have no idea how much I appreciate the info you are giving me. Since I stopped paying the CC's our life has improved 1000x. The last few months before I just gave up, when I was getting interest rate hikes and late fees there were times of me wondering if we were going to be able to even eat. It's my fault I'm in this mess, but it is what it is. I've learned my lesson. I never in my life want to live that way again.

      How do you open a Scwab checking account? The only issue I can see for me is I'm a waitress. So my paychecks are nothing. It's all in cash. I could use his checking account to pay the household bills (would that be a problem?) then my income could go to groceries/gas/and a few bills I can pay locally.

      I'm going to look at Goingdowns post and see if I can find what he stated in the letter. I like to think I'm somewhat smart but writing letters and stating the point I tend to ramble which isn't good (like in my posts )

      The home phone, I'll call to have changed to unlisted Monday.

      Again, thank you so much. You have no idea. I'm in Florida AC has been broke for over a year it works when were home but, it runs nonstop so we have to shut it off at the circuit breaker when we leave for work. Then we get to come home to a house that is usually over 90 degrees. This will be the second summer of that for us.

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        #18
        Just one other thought: Since BOTH of your income would be considered in BK even if you only file by yourself, and just in case he is making a 'mint' by then... I WOULD file PRIOR TO getting 'hitched'.....or.....what the heck, just live in 'sin' and be happy....(always worked better for me anyhow...)
        also.......may just be cheaper as the Obama administration apparently is going to bring back the 'marriage penalty' thereby increasing taxes for married couples....enough reason for me to get a divorce

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          #19
          If we ever did decide to get married I'd make sure his income won't cause any issues. Right now tho we've been living in sin for almost 8 years and it's working out fine for us .

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            #20
            I stopped paying my CC's because I got tired of them of changing the due dates, fees and interest rate increases. Finally acknowledge, that this was pointless to continue and a losers game for the consumer. I have been cash only for 18 months. Have now control of my finances and that I can press the BK button if the time comes.

            I turned off my ringer and gave my closest friends and family my skype 7 digit local private number you can purchase for about $60 a year which includes the unlimited telephone dialer. They can leave voice messages. Have noticed a drop off in collection calls and letters.

            schwab dot come/. Click on open account and select Brokerage plus Schwab Bank Checking. There is no monthly min and is free including ATM reimbursement fees.

            Get the AC fixed. That is more important.


            Originally posted by Jackdog View Post
            Jacko you have no idea how much I appreciate the info you are giving me. Since I stopped paying the CC's our life has improved 1000x. The last few months before I just gave up, when I was getting interest rate hikes and late fees there were times of me wondering if we were going to be able to even eat. It's my fault I'm in this mess, but it is what it is. I've learned my lesson. I never in my life want to live that way again.

            How do you open a Scwab checking account? The only issue I can see for me is I'm a waitress. So my paychecks are nothing. It's all in cash. I could use his checking account to pay the household bills (would that be a problem?) then my income could go to groceries/gas/and a few bills I can pay locally.

            I'm going to look at Goingdowns post and see if I can find what he stated in the letter. I like to think I'm somewhat smart but writing letters and stating the point I tend to ramble which isn't good (like in my posts )

            The home phone, I'll call to have changed to unlisted Monday.

            Again, thank you so much. You have no idea. I'm in Florida AC has been broke for over a year it works when were home but, it runs nonstop so we have to shut it off at the circuit breaker when we leave for work. Then we get to come home to a house that is usually over 90 degrees. This will be the second summer of that for us.

            Comment


              #21
              Posted by 'Jacko': "You should close your joint checking account and set up a schwab account."

              I pulled up the specs for a Schwab broker/checking account, and yes, it is an attractive checking account, however I do not understand why it would be wise for somebody in the OP's position (or for that matter for myself) to open up such an account.
              From what I read, one of the requirements is to give SS number and that it is part of their banking division.
              Does not give me the impression as though it would be shielded from being raided post judgment....... Am I missing something..?

              Comment


                #22
                Hasn't shown up in my Chex report except as a inquire and I did order checks.

                Plus Schwab bank is located in Nevada even though there are satellite offices in many states. I doubt if any debt collector knows that Schwab offers checking accounts when they mass subpoena local banks looking were you have a account. What I like about them is that your funds are available same day of a deposit. They don't play games with you like WF did to me.

                Originally posted by OHBOY View Post
                Posted by 'Jacko': "You should close your joint checking account and set up a schwab account."

                I pulled up the specs for a Schwab broker/checking account, and yes, it is an attractive checking account, however I do not understand why it would be wise for somebody in the OP's position (or for that matter for myself) to open up such an account.
                From what I read, one of the requirements is to give SS number and that it is part of their banking division.
                Does not give me the impression as though it would be shielded from being raided post judgment....... Am I missing something..?

                Comment


                  #23
                  Originally posted by jacko View Post
                  Hasn't shown up in my Chex report except as a inquire and I did order checks.
                  Plus Schwab bank is located in Nevada even though there are satellite offices in many states. I doubt if any debt collector knows that Schwab offers checking accounts when they mass subpoena local banks looking were you have a account.
                  Jacko, I was thinking about something like a Schwab acct as well....BUT, it seems to me it would be very easy for collectors and creditors to find out that Schwab offers such bank accts???....for instance just by reading forums like this.

                  Would this be in the same category as something like ING bank based in Delaware but only ONLINE?

                  Comment


                    #24
                    Delaware is the only place that does not levy bank accounts. You have to get a bank that only exists there. ING is a good one, but they will not approve you if you have bad credit. One requirement of their "Electric Orange" e-checking is a line of credit for overdraft protection.

                    My employer offers pay cards where your entire check goes onto a debit card. The only thing keeping me from using it is that checks are a huge PITA and there is no auto bill pay. The apartment office has not stepped up to online CC payments yet.
                    First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                    Comment


                      #25
                      I've had my Schwab account for a year now. Have two local brokerage offices. I have a Schwab One account which combines a separate brokerage account with a checking. You can transfer cash to either account instantly. No pending transaction that takes a day or so. I also have a pay pal account linked to it where I move excess cash after I paid my monthly bills via bill pay. I do not send checks out anymore. From my linked pay pal, I transfer half to my other pay pal account that has the debit card.

                      I'm assume at some point that my Schwab account could be discovered. I only deposit one check at a time.

                      I don't think most collectors know about Schwab offering checking.


                      Originally posted by ryan View Post
                      Jacko, I was thinking about something like a Schwab acct as well....BUT, it seems to me it would be very easy for collectors and creditors to find out that Schwab offers such bank accts???....for instance just by reading forums like this.

                      Would this be in the same category as something like ING bank based in Delaware but only ONLINE?

                      Comment


                        #26
                        Originally posted by jacko View Post
                        I'm assume at some point that my Schwab account could be discovered. I only deposit one check at a time.

                        I don't think most collectors know about Schwab offering checking.
                        I expect they do know about Charles Schwab Bank just like they know about PayPal or ING or any other online bank with limited branches. But since Schwab Bank has only one branch in Reno, Nevada, a levy on that account would probably require a judgment to first be domesticated in the Nevada county court where Reno is located. Then the Nevada main office could be summoned, after hiring an attorney and summons officer, and Schwab Bank could freeze your funds. It is usually just too much work and expense for the large scale collection firms to do this unless they think you have a large sum in that account. It is possible Schwab Bank operations centers in Colorado or Arizona might accept a garnishment order, but it would still need to be from the court where the assets of the debtor are, which would be where the main and only branch of the bank is registered, in Reno. (At least that's my understanding based on Nevada's judgment laws.)

                        Usually when checks are printed by any bank, that information goes to ChexSystems. It includes your SSN, name, address, checking account number, and the starting number of the checks printed. And Chexsystem will release this information to anyone with a legal need to know, such as a subpoena from a judgment holder.

                        You do not need a Schwab brokerage account to open a checking account with the online Charles Schwab Bank. However, if you do not have a brokerage account, you will not be able to make deposits or any other banking-like activity at any of the Schwab brokerage branches. When you make a deposit at a local Schwab branch the deposit goes into your brokerage account and can be swept into your Schwab Bank account. Before Schwab opened their own bank in 2003, brokerage cash was swept into Schwab brokerage money market type accounts with check writing privileges. I've had that kind of Schwab "checking" since 1980.

                        Charles Schwab Bank
                        Charles Schwab Bank offers checking and savings accounts, home loans, credit cards and other banking services to retail consumers throughout the United States. Charles Schwab Bank is a Member FDIC and an Equal Housing Lender.
                        * Executive Management: Paul V. Woolway, President
                        * History: Charles Schwab Bank, a subsidiary of The Charles Schwab Corporation, opened in April 2003.
                        * Locations: Headquartered in Reno, Nevada
                        * Assets: $43.2 billion in balance sheet assets as of December 21, 2009
                        * Banking Accounts: 753,000 as of February 28, 2010
                        * Home Loans: $7.0 billion in outstanding first mortgages and home equity loans as of December 31, 2009
                        http://www.schwabbank.com/index.do
                        .
                        Last edited by WhatMoney; 05-26-2010, 10:30 PM.
                        “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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