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here we go again

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  • here we go again

    Well, just had a process server at my door asking for my son. He has an old Wells Fargo CC debt $4k and its almost 4 years since he paid. Checked the court records and its MANDARICH LAW GROUP LLP . I told the server he moved to Arizona, she wanted my name so I made one up. I have been telling him for some time he will have to file BK. He makes very little money. So, my plan is to use the tools I learned here. i'm sure they will send the summons in the mail, unless their smart enough to track him to his part time job. Then we will file an answer, and delay them while he saves enough to file Ch-7. we will try to do it Pro se, it's the least expensive, and he really has little debt, under $10K, but his wife has some old debt baggage too, from prior to their marriage that needs to be wiped out
    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

  • #2
    Hi Albacore44. It certainly seems that you attract these!

    At almost 4 years, I would think that your son has just about reached the SOL on that debt. Of course, this is a Junk Debt Buyer, which means 'ZOMBIE Debt'. If you search for that term here, you will pull up several interesting reads.

    I would hate for your son to file BK on such small debt (10K). What if he has some major medical catastrophe--God forbid. However, if the wife has significant debt herself, it might be worth looking at the option.

    Good wishes to you, your son and DIL.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


    • #3
      Greetings Albacore. Long time. I'm still in love with your Ava tare girl.

      In CA your SOL is four years. Make sure your son does attend the hearing but tell him not to admit he owns any debt. He does not recall this debt, right??? That is the answer as any admission or acknowledgement will rewind the clock. He can then and only then consider mentioning the SOL "if in fact it is my debt", to the Judge. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


      • #4
        Originally posted by AngelinaCatHub View Post
        Greetings Albacore. Long time. I'm still in love with your Ava tare girl.

        In CA your SOL is four years. Make sure your son does attend the hearing but tell him not to admit he owns any debt. He does not recall this debt, right??? That is the answer as any admission or acknowledgement will rewind the clock. He can then and only then consider mentioning the SOL "if in fact it is my debt", to the Judge. 'Hub
        Thanks Hub. I believe the way they do it here is serve you. Then proof of service is filed with the court. Then the clock starts. He has 30 days to respond to summons and pay $200 to file his response with the court clerk, which will be a denial of the debt. Then a trial date would set. I doubt these guys even have the records of this debt, their just looking for an easy default judgement. Not sure how the SOL works. Does it mean they have to file a lawsuit before the 4 years, or receive a judgement before the 4 years ?
        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

        Comment


        • #5
          The SOL means they have to file a lawsuit before the 4 years have run since the date of the first delinquency, assuming no further payments were made after that date and the SOL clock was not reset. Look on the Equifax credit report and it will have the DOFD listed for each negative account.
          The world's simplest C & D Letter:
          "I demand that you cease and desist from any communication with me."
          Notice that I never actually mention or acknowledge the debt in my letter.

          Comment


          • #6
            Originally posted by GoingDown View Post
            The SOL means they have to file a lawsuit before the 4 years have run since the date of the first delinquency, assuming no further payments were made after that date and the SOL clock was not reset. Look on the Equifax credit report and it will have the DOFD listed for each negative account.
            Well it's not quiet 4 years and they have filed, so he's SOL in that respect. So were going to attempt to fight it and see what happens. I dont believe they have proof of anything and they are just going for a quick default judgement. The process server never came back, and they haven't shown up at his work, and we have not received the complaint in the mail. I keep checking the court website to see if they file the complaint as served, then we can fight it that way "sewer service"
            Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

            Comment


            • #7
              Alot of these JDB's watch that SOL closely and with a debt that size it doesn't surprise me they filed. Just a comment also not to be surprised if they do have the records. Everything is electronic. Now that doesn't mean it will happen. I just wanted to be sure you plan for that strategically as well.

              Good luck and sorry your going through this.

              Comment


              • #8
                So today this statement showed up in the online court records of the case "DECLARATION RE NON SERVICE OF SUMMONS & COMPLAINT ON JOHN DOE FILED ". Not sure what this means other than they decided they cant find the defandant to serve him. Not sure what comes next
                Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                Comment


                • #9
                  It should get kicked back to the plantiff for them to find an address that the defendant can be served at. If your area is like most, the government doesn't look very hard at all to locate. Private servers on the other hand, will track people down.

                  At times, the lack of effective government is a good thing.
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

                  Comment


                  • #10
                    In a California civil case, the government doesn't look for the defendant at all. It is up to the Plaintiff.

                    In Californa, the plaintiff has 60 days to serve the summons and complaint on the defendant. They may be getting ready to file a motion to extend time to serve or a motion to allow service by publication.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                    • #11
                      Could be. I am keeping a good eye on the court records. He did get a call about 3 weeks ago on his cell phone, the guy claimed to be from the attourneys office. The guy said he would be serving a summons, and wanted to know his address. My son told him he was no longer in the state, and you will have to find me and the guy hung up.
                      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                      Comment


                      • #12
                        Originally posted by LadyInTheRed View Post
                        They may be getting ready to file a motion to allow service by publication.
                        This is what they will probably do next.
                        The world's simplest C & D Letter:
                        "I demand that you cease and desist from any communication with me."
                        Notice that I never actually mention or acknowledge the debt in my letter.

                        Comment


                        • #13
                          Originally posted by GoingDown View Post
                          This is what they will probably do next.
                          So assuming that happens. Then I have 30 days from the publication date to file an answer to avoid a judgement ?
                          Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                          Comment


                          • #14
                            Originally posted by albacore44 View Post
                            So assuming that happens. Then I have 30 days from the publication date to file an answer to avoid a judgement ?
                            Probably, but I wouldn't wait that long, just to be on the safe side.

                            In most cases, it doesn't do any good to hide from a process server. The laws are set up to let a lawsuit move forward even if the debtor is hiding.

                            Your choices are to either answer the lawsuit and try to drag it out (they will usually win in the end), or prepare for a judgment by judgment proofing yourself as much as possible, or filing bk to either stop them from getting a judgment, or filing bk to stop them from using the judgment against you (if you filed too late to prevent them from getting a judgment).
                            The world's simplest C & D Letter:
                            "I demand that you cease and desist from any communication with me."
                            Notice that I never actually mention or acknowledge the debt in my letter.

                            Comment


                            • #15
                              Originally posted by GoingDown View Post
                              Probably, but I wouldn't wait that long, just to be on the safe side.

                              In most cases, it doesn't do any good to hide from a process server. The laws are set up to let a lawsuit move forward even if the debtor is hiding.

                              Your choices are to either answer the lawsuit and try to drag it out (they will usually win in the end), or prepare for a judgment by judgment proofing yourself as much as possible, or filing bk to either stop them from getting a judgment, or filing bk to stop them from using the judgment against you (if you filed too late to prevent them from getting a judgment).
                              well it's now past 60 days since the case was filed. there has been no publication, and nothing new filed in the court records. not sure what happens now
                              Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                              Comment

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