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Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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  • Question?

    I am currently being sued by a lawyer representing a bank over a credit card debt. I have requested debt validation from them and they have not replied. They sent me a summons with no number on it. I received it on 23 Sept and I sent them a cert. letter asking again for debt validation. I also included a declaration of my assets claiming that everything I own is exempted from garnishment and levy. I am retired drawing social security and veterans benefits. Here is my question, I have about $2000 and I need to buy a car for transportation with the money. I realize that a judgment could be coming my way at any time, if I buy a car with the $2000 can they go after that money? Does it depend when the judgment is issued? I realize the exemption for an auto in Washington state is $3250.

  • #2
    Hey Dylan. Have you been discharged from, in the middle of or are thinking about chapter 7?
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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    • #3
      Have seen 2 attorneys and if I file it must be a chapter 13. At this time I do not plan on filing but there is always that possiblity.

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      • #4
        Originally posted by DYLAN150 View Post
        I also included a declaration of my assets claiming that everything I own is exempted from garnishment and levy. I am retired drawing social security and veterans benefits.
        And, yet, to file bankruptcy you would have to file Chapter 13? What in the world is wrong with this picture? UGH.
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

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        • #5
          Des, sorry I couldn't answer your question. I guess someone like Des is best to answer your question. I'm not sure if they can go after your assets (if you buy the car before the judgment). Google away!
          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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          • #6
            Valle: Sorry but I am also drawing military retirement so I am over the amount to file a 7 here in Washington state. At least that's what these two attorneys told me.

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            • #7
              Oops, I meant to say Dylan, sorry I couldn't fully answer your question. Des would be good at this.
              Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

              Comment


              • #8
                Originally posted by DYLAN150 View Post
                Valle: Sorry but I am also drawing military retirement so I am over the amount to file a 7 here in Washington state. At least that's what these two attorneys told me.
                dylan isn't that vet's pension exempt under the ss act??? your ss is....i don't understand how the atty's can count that income and put you into a 13. actually, a creditor cannot attach your ss or your pension in most situations.
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                • #9
                  Tobee: They counted my military retirement and Veterans disability. I don't think they added social security in but when you fail the means test, then they add social security in, I think, I could be wrong. I have completed the means test on line and failed each time.

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                  • #10
                    dylan...i'm not certain about this, but i do believe in the state of washington you have a choice to either go state or federal.

                    my understanding which could be incorrect is that these are some of the incomes which are exempt in washington state??

                    "fire proceeds for destroyed exemption, monthly annuity $250, disability, group life, life insurance if exempt from beneficiary debts, fraternal and society benefits"

                    and should not be counted...also i do believe you are allowed over 60k annual income for a family of 2???
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                    • #11
                      tobee: I am single so I am over the amount.

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                      • #12
                        Originally posted by DYLAN150 View Post
                        tobee: I am single so I am over the amount.
                        well, that's easily resloved...i can list you on ebay and have you non single most likely within 24 hours. that should really help your means test!
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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