probably days away from a default judgment - now what?

[Bell30656]

Just curious as to why you wouldn't file an answer? Filing an answer can really delay the process for many months. You can simply go to the courthouse look up another case similar to your then use that to make your answer. Mine basically said; I admit to statement #1 (my name, address,etc.) and I deny statements #2 through #7.

I was served Nov 2007, Feb 2008 and Nov 2008 (three lawsuits) and when I filed in Dec 2008 none of them had made it to court. You have to love a backed up court system.

[catleg]

Depends on your state. An answer costs money. And is usually quickly followed by a motion for summary judgment. If you don't know how to answer that you're sunk and you're out the cost of the answer. Finally,
once you answer you've acknowledged the jurisdiction of the court over you.
It all depends on your specific situation. Basically courts are designed to handle these kind of cases somewhat efficiently, I hate holding out false hope.

Were your cases filed by OC's or debt buyers? It normally makes a big difference. OC's are tough if not impossible to beat in court, JDB's not so much.

[keptdigging]

So I didn't read the whole thread... but having $1,000 in your wallet is hardly hiding an asset. Having $1000 in your wallet or mattress and not declaring it in your chapter 7 is hiding an asset.

Tacomeat is hardly the first person to do stupid and/or questionable things, only to subsequently learn (often here) that they are stupid/questionable things, and they need to put some time between such things and a bk filing.

And the Ch 7 panel trustee's job is to look for assets: actual, hidden, or preferential transfers that can be used to pay creditors. Deciding that original charges were fraudulently made is up to the creditors themselves, and requires filing Adversary Proceedings. Theoretically possible even a year out... but no one has an actual story of that happening 12 months later. And even if one did, only that creditors specific charges would be at risk.

I think tacomeat is going through enough hell and the risks shouldn't be overstated.

A lot of us got here other than "lost my job and can't pay the medical bills from my wife or kid's near death encounter" route. But society decided years ago not to lock us up for borrowing money... and we're doing our best to repent and sin no more.

[Bell30656]

Catleg, my first two were by a JDB (Nemdegelt with Ugly Duckling, Nemdegelt with Bank of America) in superior court both the JDB and OC were listed. The final one was by a local OC in magistrate court. The magistrate court one was the one that concerned me more than the other two.

I wasn't counting on being able to win but rather I was counting on being able to delay the cases from going to judgment and costing the JDB money in the process. I needed time to get my divorce through and for my six month average income to be just a bit lower.

Filing an answer in my state, Georgia is free. I simply went to the courthouse found someone else that had been sued by this JDB and had used an attorney. I paid 25 cents for a copy of their answer and edited it with my case info. There were two motions for summary judgment... I found an objection to those in a case, same editing. We also had interrogatories. Same process. Managed to delay over a year.

[tacomeat]

Catleg, my first two were by a JDB (Nemdegelt with Ugly Duckling, Nemdegelt with Bank of America) in superior court both the JDB and OC were listed. The final one was by a local OC in magistrate court. The magistrate court one was the one that concerned me more than the other two.

I wasn't counting on being able to win but rather I was counting on being able to delay the cases from going to judgment and costing the JDB money in the process. I needed time to get my divorce through and for my six month average income to be just a bit lower.

Filing an answer in my state, Georgia is free. I simply went to the courthouse found someone else that had been sued by this JDB and had used an attorney. I paid 25 cents for a copy of their answer and edited it with my case info. There were two motions for summary judgment... I found an objection to those in a case, same editing. We also had interrogatories. Same process. Managed to delay over a year.

the answer was going to cost me $160. seemed like a waste of money to simply delay the inevitable. and in actuality, there probably is nothing the creditor can seize of mine. its just that in one of my free consults, the attorney said they can actually seize exempt items, at which point i would have to to re-claim them.

so i guess i just made an educated decision that a lot of steps would have to happen for them to actually seize my stuff - and within the next 2 months.
so, hopefully i saved myself $160, but one never knows... haha

[tacomeat]

It disturbed me simply for the mere fact that you yourself stated
"...if this has been such a burden for me these past 5 years. bottom line - doesnt seem like something you can just craft out of thin air at the last minute (not that i was trying to do that) and it would also be pretty expensive to do (my situation wouldnt warrant this...". So - has it been a burden to you or not? People usually dont say "If"....and they ususally dont ask their lawyer if it can be used as a defense...

THAT is offensive to those that truly are mentally disabled or physically disabled. It reads that it hasnt been that much of a burden to you and you were trying to use it as a defense against an AP, plain and simple. Perhaps you should read how you come across in your postings before you hit the "POST" button hmm?

I dont really care one way or another how you go about doing what you're doing - my biggest issue in your posting is that you ARE trying to get around your assets and you yourself have posted just that. Say what you will, try to justify yourself however you desire, but in the end, its your own wording that says it all. If its legal you shouldnt have to justify anything, right? I find it hard to commiserate with you, and if that offends you, my apologies for that, but its the way you are coming across that puts the lack of empathy on my part towards you.

If you truly have a mental illness - then I feel your pain and you have my utmost sympathy. I wish you well in that and that you may get the desired help you require. However - dont use that as a tool to justify your means. You on one had state you cannot work, then you state you will go out to get a job, albeit part time, so it "looks good" - then will quit later on. If you truly had those mental issues with working and people - ...well... just sayin'

As I said, good luck to you and I hope it all works out the way you desire it to. I have nothing more to add or say at this juncture.

All my best to you and yours.

ETA: and if you're wondering why I'm just now posting my "concerns" - its because you keep asking the same questions and "how to's" to get around things.

1. you apparently dont understand the meaning or function of the word "if." you are inferring a devious angle to it, where in fact i meant it as this - " IF its deemed by a mental health professional that i have a justifiable problem that has altered my ability/judgment to manage my finances and then IF that diagnoses is an allowable defense during an AP, then what are the chances of that actually working IF i even get hit with an AP." what im saying is , i have some problems that have been psychologically diagnosed in the past when i had health insurance and was getting treatment, but i dont know IF they are the right kind of problems to mount a JUSTIFIABLE LEGAL defense around on this issue today. do you see the difference? moreover, at the time, it was never discussed how my problems effected my financial management abilities, so they other "if" in there is if its possible to get diagnosed today with my financial picture as the specific context.

2. you keep repeating the idea that i am trying to (illegally) "get around things." the illegal part is a conclusion you are jumping to in your own head. again, it would seem implied that i am trying to LEGALLY "get around" (ie, address) my issues for the best LAWFUL outcome that i can have.

3. where have i stated that i am trying to ILLEGALLY hide assets? (seriously, i want to know ). but if i did, it was only within the context of of a hypothetical - in trying to determine what the boundaries are at different stages of this process to garner the best outcome that i can hope to have.

4. all of your "problems" with me seem to be rooted in some form of morality - some form of right or wrong. as it relates to this issue, i am emphatically amoral (to keep you up to speed, that is different from immoral) and am fine with using any legal (and cost effective) means for discharging my debt.

[LoadedGuns]

Well Tacomeat, only you can make the present decisions that will impact your future.

[tacomeat]

Well Tacomeat, only you can make the present decisions that will impact your future.

you're talking about suicide right, "loadedguns"?