Can the Creditors found my Debt money card like green dot.Rush cards

[ulita]

I want to put money on my green dot card but I have a judgement

I know they can level my bank accounts,but what about those prepay debt cards.Can they found them easy to level on them

[frogger]

Can they find them? Anything is possible, but it won't be easy. Make sure that you do not use this prepaid card to pay any of your creditors, for once it gets in the computer systems, it never goes away. Be very selective about where you use it.

[HHM]

It's an interesting question...but the issue is more of a technology question than a legal question.

And there are 2 issues.
1. Do collectors have the right to those funds (that is simply an issue of state exemption law, so, unless you have a wild card or cash exemption, collectors have the "right" to get your pre paid card, the card, in essence is no different than having cash on hand).
2. Could a collector actually garnish it (legally yes, since they have the right to those funds, they could garnish). But from a practical perspective, it is very difficult to do.

Is it legally possible, yes; is there a real risk of it happening...very very low risk. Honestly, I have never heard of it happening. (to difficult for creditors to find it, and even then, there may not be a mechanism to do it because there may be no registered agent in your state for the company upon which to serve a garnishment order).

It depends on the nature of the card. If its more like a gift card, then there is no underlying account. The card simply replaces cash. When you give $100 to green dot, they give you a card (minus the fee) that has a value of $95 that you can use. But, it is theoretically possible since most companies will require social security numbers to get a pre paid card. (they do this now to thwart money laundering).

Also, be careful, deliberately hiding money when there is an active judgment is fraud and you can be held in contempt of court and actually be put in jail.

But, at a post judgment debtors exam, they could ask you for it and I know some firms have there attorneys carry a cell phone app to read and process cards.
Honestly, I am not sure anyone knows the answer, when you google search the issue, all the information is general in nature and very hedged. At the end of the day, can they, yes, will they, most likely not.

[ulita]

Thank you all, What about my paypal account

[HHM]

Same issue

Legally possible, yes
Is it going to happen, rarely.

[GoingDown]

It's an interesting question...but the issue is more of a technology question than a legal question.

And there are 2 issues.
1. Do collectors have the right to those funds (that is simply an issue of state exemption law, so, unless you have a wild card or cash exemption, collectors have the "right" to get your pre paid card, the card, in essence is no different than having cash on hand).
2. Could a collector actually garnish it (legally yes, since they have the right to those funds, they could garnish). But from a practical perspective, it is very difficult to do.

Is it legally possible, yes; is there a real risk of it happening...very very low risk. Honestly, I have never heard of it happening. (to difficult for creditors to find it, and even then, there may not be a mechanism to do it because there may be no registered agent in your state for the company upon which to serve a garnishment order).

It depends on the nature of the card. If its more like a gift card, then there is no underlying account. The card simply replaces cash. When you give $100 to green dot, they give you a card (minus the fee) that has a value of $95 that you can use. But, it is theoretically possible since most companies will require social security numbers to get a pre paid card. (they do this now to thwart money laundering).

Also, be careful, deliberately hiding money when there is an active judgment is fraud and you can be held in contempt of court and actually be put in jail.

But, at a post judgment debtors exam, they could ask you for it and I know some firms have there attorneys carry a cell phone app to read and process cards.
Honestly, I am not sure anyone knows the answer, when you google search the issue, all the information is general in nature and very hedged. At the end of the day, can they, yes, will they, most likely not.

I'm probably going to get my head bitten off for this response, but oh well, this is from my perspective.

First, let me say that what HHM has said is very accurate and true. And I agree.

Now, as for the debtor's exam [which very rarely ever happen] -- if it was happening to me, I would not take anything of value to the debtor's exam. That includes cash, a pre-paid debit card, gift cards, jewelery, cell phones, watches, necklaces, rings, my own vehicle [I would have someone drive me in their car], etc. I have heard of turn-over orders issued on the spot when someone brings these things with them to a debtor's exam. While at the debtor's exam, I would not admit to anything I had in cash or on a pre-paid debit card at home. I know that technically speaking that is lying and could be fraud if they could prove it, but how in the world could they prove it? They don't have the time and the money to spend hours and hours and days and days tracking down my cash and a pre-paid debit card. They just aren't going to do that. They rely on the honor system, and when it comes to a choice between my survival and handing over my cash to a debt collector, I guess I have no honor. I would rather take my chances that they will never figure out that I have cash and a pre-paid debit card, than to voluntarily hand it over to them. I would really love to see them prove it. I just don't think they could prove it, and in fact, I don't think they would even bother trying to prove it.

If there was going to be a debtor's exam, I would have some advanced notice, and I would make sure that I had my story straight about my finances, so I could answer consistently and not get tripped up on their questions. And I would make sure that all of my money was off of my pre-paid debit card [as close as I could get to a zero balance on there] and all of my cash was safely tucked away in a fire safe hidden in my rented house. I would love to see them try to figure out how much cash I had in there without me telling them anything about it. And since I usually get paid in cash or by personal check, and since I don't have a checking account, I stand in line to cash the checks at the customer's bank, there is no paper trail for them follow.

I think that is essential. Having no paper trail for them to follow.

[ulita]

thank you going down,my nj has a exemption 1,000 not sure what that meants wrote the courts to find out

[frogger]

I think that is essential. Having no paper trail for them to follow.

That paper trail is the reason that trustees love your tax returns. There can be a gold mine of information in the depreciation schedules alone...

[Peeps]

Seriously, you really should talk to a lawyer about your case and your questions. You're trying to figure out how to hide cash (which is technically a bit naughty) without even knowing how your state's exemptions work. Writing to the courts and asking for clarification on laws won't get you very far. We've all faced a big learning curve here, don't get me wrong. But you, my friend, might just shoot yourself in the foot if you don't get some case-specific info from someone familiar with bankruptcy law in your area. Most initial consultations are free. Good luck to you. You're gonna need it.

[ulita]

I did talk to a lawyer and he said 2100 to help me he was cook he know I don't have that cash so he gave me legal aid### .It take time when you deal with a gov program so I asking ??? who can hide any thing in the usa every debt card got my SS# so if they want it they can get it.I just want to know what the law let me keep.There is know Luck, just God/Hard work

[GoingDown]

That paper trail is the reason that trustees love your tax returns. There can be a gold mine of information in the depreciation schedules alone...

Assuming you have depreciation schedules, of course.

[IHateChase]

Ulita, you do know that in NJ we can use fed exemptions, right?
NJ's suck.

[ulita]

My Under standing you have to file Ch 7 to use the feds ,I am trying to get a lawyer it take times.If no know another way let me know I will look into it.

[WhatMoney]

My Under standing you have to file Ch 7 to use the feds ,I am trying to get a lawyer it take times.If no know another way let me know I will look into it.

You are correct. The federal bankruptcy exemptions do not apply to state court issued judgments, so your total exemption for personal property in NJ is only $1,000.

Here are a couple questions from the written NJ interrogatory form a judgment collector can send you:

APPENDIX XI-L.
INFORMATION SUBPOENA AND WRITTEN QUESTIONS

IMPORTANT NOTICE--PLEASE READ CAREFULLY

FAILURE TO COMPLY WITH THIS INFORMATION SUBPOENA MAY
RESULT IN YOUR ARREST AND INCARCERATION
. . .

14. Does the present value of your personal property, which includes
automobiles, furniture, appliances, stocks, bonds, and cash on hand,
exceed $1,000?
Yes ___ No ___

If the answer is "yes," you must itemize all personal property owned by you.

Cash on hand: $______________________

Other personal property: (Set forth make, model and serial number. If
financed, give name and address of party to whom payments are made).

If Financed Present:

Item.....Date Purchased.....Purchase Price......Balance Still Due....Value

15. Do you own a motor vehicle?
Yes ___ No ___ If yes, state the following for each vehicle owned:

(a) Make, model and year of motor vehicle ____________________________

(b) If there is a lien on the vehicle, state the name and address of
the lienholder and the amount due to the lienholder __________________

(c) License plate # ________________

(d) Vehicle identification # _____________________________________

. . .

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Date: ____________________ ___________________________________

http://www.judiciary.state.nj.us/rules/app11l.pdf

I don't know many debtors who's net personal property including their auto would be less than $1000. This might apply if you are homeless living on the street...

[ulita]

I just got that and I am less then 1,000 lost everything when I had mu hip replace ""sold"but if I have to put down my car that I am still making payments. then I am?