Collection question

[DYLAN150]

rta, good for you! Nice to see you standing up for yourself! Please let us know how it turn's out.

[treehugger1]

rta,

You might note that the original poster already inferred a judgment has been obtained against the elderly woman. It is far past the lawsuit stage.

[rta]

My impression is that this lady received a summons, not a judgment. A summons is just the start of a lawsuit.

If it's a judgment, and she never knew that a lawsuit had been filed, then it's a case of improper service, for which there are remedies.

That's just my two bits on this.

[rta]

Thanks for the encouragement DYLAN150. I hope to reach a good conclusion, but nevertheless, I'm collection-proof.

Also, for the OP, who is also in California, there is a website for NACA called naca.net, in case the elderly MIL wants to defend against debt collection. These are attorneys who handle consumer rights issues, but I don't know what they charge.

Just my two bits. Good luck!

[WanabeFree]

Albacore44
You just can't stay away from Trouble. LOL

[albacore44]

Ok, so today we met with a rep from Bankers Life who has the annuties. The rep was adamant that these annuities were exempt from seizure. so we will ride this out, and see what the JDB does next

[GoingDown]

Ok, so today we met with a rep from Bankers Life who has the annuties. The rep was adamant that these annuities were exempt from seizure. so we will ride this out, and see what the JDB does next

You might want to get the rep to put this in writing, just in case.

If they really believe they are exempt from seizure, they shouldn't mind puting that in writing.



But from what I know about debt collectors, they'll probably never even find the annuities unless someone tells them about them. Just stop all communication with them, and tell other family members to do the same thing. Loose lips sink ships.

[albacore44]

You might want to get the rep to put this in writing, just in case.

If they really believe they are exempt from seizure, they shouldn't mind puting that in writing.



But from what I know about debt collectors, they'll probably never even find the annuities unless someone tells them about them. Just stop all communication with them, and tell other family members to do the same thing. Loose lips sink ships.

Thanks.we had an interesting discussion regarding annnuities. She said one of the reasons the Goldmans were not able to destroy OJ and get all his money after winning the civil case against him was he had so much of his money tied up in annuities

[GoingDown]

one of the reasons the Goldmans were not able to destroy OJ and get all his money after winning the civil case against him was he had so much of his money tied up in annuities

Good point! That makes sense.

[albacore44]

So its been 30 days since the MIL was served, and i am keeping an eye on the court records.Looks like my nephew filed an answer yesterday, and petitioned the court to waive the fee's to answer, but the court rejected his waiver request. so today my MIL receives a thick envelope from the attorney. Looks like interogitories. Lots of questions trying to get her to admit guilt to signing for the credit card,etc. wanted to know her employer,shes 85 for gods sake. anyway, I just told her to ignor them, shes certainly not going to admit guilt. If they want that info let them take it to the judge.

[rta]

Just some info. If the creditor has filed suit, and the defendant does not answer, the creditor could get a default. That's what they want, actually. Once they get a default, they can move the court to summon the defendant for a debtor exam where, under oath, the defendant is asked to reveal assets, which may be collection-proof, or not.

It's not too late to file an answer and demand strict proof. As long as the other side has not taken a default yet, there's hope.

[AngelinaCat]

I agree with rta: you and MIL cannot ignore the interrogatories, or the plaintiff will get a default judgment. You don't want that to happen.

You just don't have answer the interrogatories exactly. Other than name and address, answer every other question with: "I neither admit or deny this debt." Do this for every question, even if the question is: "what color is the sky?"

[tobee43]

i'm in agreement as well, she must answer them. however, please, it may be time to spend a few dimes, or quarters on an atty for her.

why? because they can answer these interrogatories correctly and with proper defense. i'm just so disgusted that they go after an 80 plus year old lady.

[albacore44]

i have decided to answer the interrogatories as Angelinacat suggested, but also enclose a letter. in the letter i will point out she is an 85 year old woman, is collection proof, cite the California code (CCCP) listing the exemptions. It will also point out we have evidence that they violated the FDCPA (which we have), and that the ordeal has taken a toll on the womans health (true), and they have never provided written evidence of the owed debt. i am also going to state that we are furnishing the violations to the family councelor for review. not a threat, but just enough to put some subtle doubt in their minds

The idea behind this is to attempt to shake them loose and drop the case against her , and go after bigger fish.

The grandson will be filing BK before this makes it to court and/or they garnish his wages.

[AngelinaCat]

The grandson will be filing BK before this makes it to court and/or they garnish his wages.

Then MIL needs to file ASAP. If grandson files, the entire burden will be shifted to her as co-signer, unless she can stave off the court process with your/her answers to the interrogatories.

My very best wishes to you and MIL!