one more ??

[cascabel]

Hi All,
Hoped you're all with a loved one on this day..Happy Valentine's Day to all.
I was wondering; when I recieved a letter from a collection agency...should I send them the Judgment Proof Notification Letter. If I keep ignoring the letters they wont find out about my situation. Should I start sending it to them?

Thanks again!
Cascabel

[CPO]

Hello cascabel,

And a Happy Valentine's Day to you too!

In my experience, and I'm in the middle of collection efforts by at least a dozen collectors...I never speak with them unless I'm recording them for evidence of federal law violations...(these conversations take patience, practice and a convincing game to be played well) and I never sent them anything except initially, "cease & desists letters." These never worked with ANY of the collectors that are after me.

So, suit yourself, but I would put NO confidence in the idea that they will somehow obey the law or give you a break.

It would take a Judge to tell them your judgement proof for them to go away...or losing a collection case. So, you would need to appear in court anyway. Even then they are to stupid to understand where they stand.

I cannot emphasize HOW STUPID COLLECTION AGENCIES ARE!

And don't be thinking that they are afraid of you...any of the smart one's pretty much figure that any lawsuit that you MIGHT bring against them is a small price to pay considering the monies they collect. It's about acceptable losses.

I use a Chicago law firm that specializes in sueing these creeps....and council tells me I already have 10 counts in my favor....all recorded...and that's just against NCO Collections. Costs me nothing and I may make a buck or two...

And they don't care, keep calling me...threatening me with jail, lawsuits, "gonna get the cops," and all kinds of stupid crap. NCO starts calling me at shortly after 6am, and has called as late as 11:20pm...

So, send them your letter if you want, just don't expect it to do any good.

Sorry to be so negative, but the collection industry is out of control and there are only a few state Attorney Generals that care...

My advice, buy an answering machine with a ringer that switches off, record an announcement that states your full name. Turn off the ringer, record the calls, then erase them at the end of the day. Purchase a cell phone...perhaps a pay-as-you-go phone. Give that number to only those you truly trust...demand they never give the number out.

1. When collectors call, they have now "found" you....MAY keep them from skip tracing you and calling your work/family/friends....to find you.

2. Cell phone is for your use, keeps you from being isolated, disconnected and from receiving support from friends and family.

3. Keeps dipshit collectors in paying jobs calling a number that will never be answered, in which messages will be erased, and have no effect on your life.

After you file BK, change your land line number if you want to decrease the number of calls you get. Make sure all the collectors are listed in your schedules. If any collector calls you, on either your original or new phone number, thereby violating the automatic stay, record the call and IMMEDIATELY sue the collector. In Texas it costs ...like $25. Ask the small claims court in your area to transfer the case to the bankruptcy court you filed in.

The collector will probably throw money at you to settle....

Good Luck,

CPO

[HHM]

LOL, a Judgment Proof Notification letter...what is that?

Look at it from their perspective, they have heard every excuse in the book and don't care. Follow CPO's advice.

[cascabel]

Actually I found a form letter about been judgment proof and I thougth it would do some good. I have to tell you, I'm scared to death about all this and my anxiety level is off the charts. I'm trying to wait until both my husband and I are 62 (2 years from now) to file BK. Would I be able to hold out until then? If they sue me before that, I will go to court and explain my situation. I have Breast Cancer and I will be able to "show " the jugde my situation (a bit of humor..smile) I also have all the paperwork from when I was put on disability.
Thanks guys, it is good to talk with somebody other than the Hubby. Our family dont know we're going thru this, long story.
Thanks!!!!

[BassBoy]

Judgement Proof is.....

Black Law's definition

http://www.hcs.harvard.edu/~scas/JudgmentProof.htm

[cascabel]

BTW... I do have a pay as you go phone and my number is not in the phone book. The Apartment complex where we live is aware of our situation but as long as we pay our rent on time they dont care, so I guess that is a good thing.

[jal1129]

I have done much the same as CPO. I keep my landline unplugged I only plug it in when I need to use it to call someone and believe me it is almost always ringing when I plug it in! I have a cell phone and all family and friends, anyone whom I WANT to be in touch with me has that number and uses it. Dell (or thier collector) does call me once a day on my cell phone and was leaving messages so I changed my message to automated and they no longer leave messages. I will be filing chap 7 by the end of the month so I am not really worried about them skip tracing me. Its been 6-8 months since I have paid the cc.

It really cuts back on the stress level not dealing with that scum!

[HHM]

Actually I found a form letter about been judgment proof and I thougth it would do some good. I have to tell you, I'm scared to death about all this and my anxiety level is off the charts. I'm trying to wait until both my husband and I are 62 (2 years from now) to file BK. Would I be able to hold out until then? If they sue me before that, I will go to court and explain my situation. I have Breast Cancer and I will be able to "show " the jugde my situation (a bit of humor..smile) I also have all the paperwork from when I was put on disability.
Thanks guys, it is good to talk with somebody other than the Hubby. Our family dont know we're going thru this, long story.
Thanks!!!!

My point was, that there is no such thing as an "official judgment proof letter" (except, of course, a discharge from bankruptcy).

[Minnymouth]

Cascabel,

Why wait 2 years to file?????? Do you have assets you need to get rid of or something?????

File now, get it over with, and breath a sigh of relief when you turn 62 and retire...............

If you wait too long, yes you can get slapped with lawsuits, then you have to go to court and deal with them.

Your just adding stress to more stress by putting it off if you really do understand that you need to file bankruptcy....

Do yourself a favor, contact bankruptcy attorneys (free) and see what options are available to you and where you stand right now...... Believe me it will be a great "stress reliever" for you......

Ask questions, get answers, and your peace of mind will be a lot better.

We are here to listen, and help if we can........

Keep us posted.....

PS - Don't worry about collection agencies - they aren't really a problem when it comes to filing bankruptcy........ just be sure to include them when you file.......
A day or two after you file your phone will stop ringing all the time.......

[ChainSmokin]

Actually I found a form letter about been judgment proof and I thougth it would do some good. I have to tell you, I'm scared to death about all this and my anxiety level is off the charts. I'm trying to wait until both my husband and I are 62 (2 years from now) to file BK. Would I be able to hold out until then? If they sue me before that, I will go to court and explain my situation. I have Breast Cancer and I will be able to "show " the jugde my situation (a bit of humor..smile) I also have all the paperwork from when I was put on disability.
Thanks guys, it is good to talk with somebody other than the Hubby. Our family dont know we're going thru this, long story.
Thanks!!!!

It’s possible to hold out for years, I did. If you are no-asset, and don’t have wages that can be garnished, you are in good shape even if they do successfully sue you and get a judgment. There is no need to go to court. Your BK will eventually take care of the judgment(s). You can’t be put in jail over this stuff. Pull the plug on your phone, and find a nice place to stash the mail for future reference. Relax the next couple of years knowing that you have a plan.

PS - Minnymouth makes some good points too, continue to research and do what's best for your situation.

[cascabel]

The reazon I dont want to file now is b/c my husband is working and I'm afraid with the new laws we'll be push into a 13. After I got sick and my income was not there, we got into trouble with CCs and some bad invesments. We need to file together, in 2 years our income will be just SS, at that time and I hope we'll be and easy 7.

Keeping faith
cascabel

[ChainSmokin]

I guess your next step would to figure out if your husband’s wages are at risk. Is there a considerable amount of debt in his name or held jointly with you? Keep in mind the maximum that can be garnished is 25%.

You will also want to run the numbers to see if you are over the median income and or disposable income.

[jal1129]

I believe also if you live in a community property state they can garnish your husbands wages even if his name is not on the debt. They could also freeze any checking/savings account that you or he had.

[Spartan]

Why not have your case evaluated by a few attorneys? Initial consultation is free. Just b/c you husband is working, doesn't automatically means Ch13.

[cascabel]

My husband has debts of his own he wants to get rid off too-why we want to file jointly. He has a military pension & works part-time- why we may have disposable income if we file now- but we are below the median income. He wants to keep his part-time job until age 62 when he can star to collect SS (he is a school bus driver and loves the job and the kids) I could probably file on my own now- but I believe I would have to disclose his income on my BK.

We can cancel our checking accounts and go to paper checks - I actually get my disability by mail on paper check- he can do the same thing also and pay bills with money orders. Waiting to file we'll give us time to save money to pay for the lawyer.

Am I making sense as to what we want to do?? We dont have any assest, just one car and household goods.
Hope we can make it!!
Cascabel