Need a little friendly advice

[percy]

Hi folks, stopped paying on chase card one year ago and soon after retained BK attny. Told attny I wanted to sit on it a while since I dont have anything of value that can be taken and see what happens. Nothing has really happened over the last year except a phone call or two to me from the collectors and a phone call or two to the attny from them.

Tonight I got a call from a law firm reprsenting chase and I simply directed them to my atny. He is pretty busy guy so I dont know when he will be able to answer my question or when he will talk to them so I wanted to know what some of you savvy in this might think.

First what should I expect now that a law firm is involved?

IF they go ahead and file a lawsuit against me and I simply dont show up what happens, they put a lien on me, I have nothing but a vehicle to my name no home of my own or anything like that.

IF I then file BK a few months down the orad, lets say AFTER they file a lawsuit and get a judgement just for discussion purposes, would my BK ruling then lift their judgement against me, is it hard to get that lien removed once this all happens?

Id appreciate some guidance here would help me sleep a little better, I am deaf so picking up the phone to call someone and akfor this sort of help isnt easy.

Thanks folks!

[shark66]

Given that it's Chase we're discussing here, they are very likely to sue, and soon.

That being said, even if they were to sue tomorrow, and get a default judgment (if you don't appear in court with a solid defense, or at all) a month from now in the worst case scenario, that's plenty of time for you to file, presuming all your ducks are already in a row.

You say nothing about whether you're employed or not. If you are, the judgment would allow them to garnish your wages and/or bank account. That's the only thing I'd be very careful about.

If you're unemployed, there's really not much that they can do to you...make sure all of your bank accounts are cleaned out when they actually sue you...

The debt will be discharged in BK, but your attorney will have to file a Motion To Vacate if a lien gets placed on your property due to a judgment - this gets done once the BK process is over with.

Good luck.

[percy]

Hey Shrk thanks for the reply. I am disabled and live only on social security. I own one car and no home, no other major assets accept clothes and a watch and a ring.

Some say I shouldnt even worry about filing since I dont have anything they can take anyway, what do you think, just let them sue me and go about my life?

Will they even sue knowing I have nothing and live on social security diasbility?

Its only one credit card, I dont owe anyone else and its not a real large amount under 10,000.


My only concern is that maybe in ten years or so I would lilkely inherit my parents home, how would a judgement effect that at that time?

IF my social security check goes in to my bank account each month there is no waythey can touch that as I understnd it since they cant garnish SS money.

[papie]

I would be worried about them suing and obtaining a garnishment.

Garnishments are an absolute beast in my opinion and a good reason as to why people shouldn't disregard lawsuits with big name creditors.

Let's say they did sue you and you failed to show up in court. They could obtain a garnishment order if you are employed. Take your gross pay, subtract your taxes, and they can take 25% of that amount.

[shark66]

If it were me...

I would make sure that I get those social security-disability payments in the form of a debit card or a "live" check that can be cashed and not deposited...

Wouldn't file BK on just $10,000 or so of debt...

You've got to check your state laws and how long the judgments are good for, can't help you with that one...

Good luck.

[dneil]

Social Security can not be taken... however, if you put it in the bank they can take the money and then you have to prove that it was SSDI funds and eventually will return the funds. Perhaps you should either have Social Security set up a debit card for you (just call them and they can set your funds up on a card) or talk to your bank and ask if they will be willing to cash your checks (my bank did this for me) and then just get money orders to pay what you can't pay for in cash. This is the safest route.

[papie]

Ha, sorry, I spoke too soon!

Yes, they can't garnish a social security check, but they can levy a checking account. Of course, once you proved the source of those funds they would have to return them. Knowing Chase, that would take forever.

Good old Chase, too big for their own britches.

[percy]

I would be worried about them suing and obtaining a garnishment.

Garnishments are an absolute beast in my opinion and a good reason as to why people shouldn't disregard lawsuits with big name creditors.

Let's say they did sue you and you failed to show up in court. They could obtain a garnishment order if you are employed. Take your gross pay, subtract your taxes, and they can take 25% of that amount.

But they cant take social security diasbility and thats my only income, I am 100% physically disabled and couldnt work if i wanted to.

[percy]

If it were me...

I would make sure that I get those social security-disability payments in the form of a debit card or a "live" check that can be cashed and not deposited...

Wouldn't file BK on just $10,000 or so of debt...

You've got to check your state laws and how long the judgments are good for, can't help you with that one...

Good luck.

Yea I have done a lot of resarch so I am not totally ignorant, I alrady have a BK laywer that I paid to take all phone calls for me and he has helped me here and there as best he can, i think your right that the msll amount of debt andthat I dnt aev anything they can take mean i probably shouldnt even worry about BK.

I am going to close my bank account and get SS check issued on paper and just cash at walmart each month good advice.

[percy]

Social Security can not be taken... however, if you put it in the bank they can take the money and then you have to prove that it was SSDI funds and eventually will return the funds. Perhaps you should either have Social Security set up a debit card for you (just call them and they can set your funds up on a card) or talk to your bank and ask if they will be willing to cash your checks (my bank did this for me) and then just get money orders to pay what you can't pay for in cash. This is the safest route.

yea thats my plan good idea!

[percy]

Ha, sorry, I spoke too soon!

Yes, they can't garnish a social security check, but they can levy a checking account. Of course, once you proved the source of those funds they would have to return them. Knowing Chase, that would take forever.

Good old Chase, too big for their own britches.

Surprisingly chase has not harrassed me much at all I was suprised, its been a year since i stopped paying and I have gotten maybe 3 phone calls and one letter, then tonight I got the call from a law firm representing them and all she said was this is an attempt to collect a debt, I said here is my lawyers number and she said ok thanks and that was that.

[ValleYum]

Percy?

You mentioned you were deaf in a previous post. Do you lip read or sign or both? Make sure to ask for an accommodation for yourself (an ASL interpreter, etc.) if you want or think you may need one. It is absolutely your right to do so. It would be so much better to have one there and not need them than to have to reschedule your 341 meeting.

Just my .02 worth.

Best of luck to you!!