Filing by end of November..but have been served..

[momof2boys]

Hi all, well i wrote on the collections board a couple weeks ago, my husband has been served with court papers from a local Loan Company here in town. We were behind about 4 payments. Anyway, we were served on Oct. 24th but they filed Oct. 22nd. We have 20 days to respond...is that 20 days from the day they filed or 20 days from when we got served? We are going to get some money from a family member Nov. 15th and we are in the process of finishing up paper work to send to are lawyer and we have to to take the classes before we file, so im assuming by the end of November we should file. We were trying to wait till income tax but since we got served we had to speed things up and ask a relative Ok so my question is, we are wondering what kind of answer to file with the courts, we dont want them to win a judment and end up taking momey from are bank account. My husband is in the military, i heard its very hard to garnish wages from military but ofcourse bank accounts are easy. We have direct deposit(as all military has to have this, we dont have an option for checks) so we need are bank account. We were thinking of filing to dismiss due to a new law that took effect Oct. 1st for military members and their family that doesnt allow loans over %36 interest rate. But from what im reading this appys to payday and title loans only, which this is not. We would like to atleast buy time till the end of November. Any advice? Thanks so much.

[aachudneymiles]

Hi all, well i wrote on the collections board a couple weeks ago, my husband has been served with court papers from a local Loan Company here in town. We were behind about 4 payments. Anyway, we were served on Oct. 24th but they filed Oct. 22nd. We have 20 days to respond...is that 20 days from the day they filed or 20 days from when we got served? We are going to get some money from a family member Nov. 15th and we are in the process of finishing up paper work to send to are lawyer and we have to to take the classes before we file, so im assuming by the end of November we should file. We were trying to wait till income tax but since we got served we had to speed things up and ask a relative Ok so my question is, we are wondering what kind of answer to file with the courts, we dont want them to win a judment and end up taking momey from are bank account. My husband is in the military, i heard its very hard to garnish wages from military but ofcourse bank accounts are easy. We have direct deposit(as all military has to have this, we dont have an option for checks) so we need are bank account. We were thinking of filing to dismiss due to a new law that took effect Oct. 1st for military members and their family that doesnt allow loans over %36 interest rate. But from what im reading this appys to payday and title loans only, which this is not. We would like to atleast buy time till the end of November. Any advice? Thanks so much.

Ok in same boat but our creditor got default judgement hubby navy and from where I ve looked online they garnish wages, and its not hard to garnish wages and if they call hubby command command sometimes forces you to pay the company..To garnish your wages in most states you would have a court hearing which would be 1-3 months after judgement was enter depending on if the court your in is busy. As far as the new loan law you got the loan before that law went in affect new law wouldnt apply to you.
ok when is your court date? You want to file bk before that because if they get a judgement you will have to pay the lawyer even more to vacate judgement which will be on your credit thats if you dont do it yourself. another option call court to see if you could reschedule court date its worth a try .. If you file before court your answer to the judgement could be included in bk 7. Good luck god bless
Oh yeah another thing we did so creditor wouldnt take money from our bank was change our bank.. not account number .. bank.. for a while if not for good.. Because most likely if you'll like my hubby was paying thoses loans with checks or direct from the bank they already have that information.

[momof2boys]

Hey Thanks for responding ,well they dont have any bank info because we switched bank accounts back in August and we have always paid them with cash since they are here in town and we make a payment in the office. On another thread in collection problems board someone said of a law that protects military pay and they wont honor most garnishments. We dont have a court date, we have to give an answer and im assuming a court date will be set after that? Not sure...we can not file before we give are answer since we wont be getting the money till Nov. 15th and i think we may have to give are answer by this Friday based on their filing date. We know that since we got the loan before the %36 interest rate law took effect it wouldnt be valid but we just want to buy time till atleast the end of November and i heard the claim doesnt even have to be valid, they will decide that in court and we will be filing before we go to court im assuming?

[momof2boys]

Oh and several creditors/collections have spoke to hubbys command and they told the creditors there is basically nothing they can do to make us pay it back, they would have to take matters into their hands( ie. court etc.)

[JollyGG]

As far as the new loan law you got the loan before that law went in affect new law wouldnt apply to you.

However, since all she is trying to do is buy some time this response would work. Since the creditor would still have to file a response to her response, thus buying her more time.

[jennordhavn]

Hi all, well i wrote on the collections board a couple weeks ago, my husband has been served with court papers from a local Loan Company here in town. We were behind about 4 payments. Anyway, we were served on Oct. 24th but they filed Oct. 22nd. We have 20 days to respond...is that 20 days from the day they filed or 20 days from when we got served? We are going to get some money from a family member Nov. 15th and we are in the process of finishing up paper work to send to are lawyer and we have to to take the classes before we file, so im assuming by the end of November we should file. We were trying to wait till income tax but since we got served we had to speed things up and ask a relative Ok so my question is, we are wondering what kind of answer to file with the courts, we dont want them to win a judment and end up taking momey from are bank account. My husband is in the military, i heard its very hard to garnish wages from military but ofcourse bank accounts are easy. We have direct deposit(as all military has to have this, we dont have an option for checks) so we need are bank account. We were thinking of filing to dismiss due to a new law that took effect Oct. 1st for military members and their family that doesnt allow loans over %36 interest rate. But from what im reading this appys to payday and title loans only, which this is not. We would like to atleast buy time till the end of November. Any advice? Thanks so much.

Your answer should be due 20 days from the date you were served, not the date it was filed.

[jennordhavn]

Hey Thanks for responding ,well they dont have any bank info because we switched bank accounts back in August and we have always paid them with cash since they are here in town and we make a payment in the office. On another thread in collection problems board someone said of a law that protects military pay and they wont honor most garnishments. We dont have a court date, we have to give an answer and im assuming a court date will be set after that? Not sure...we can not file before we give are answer since we wont be getting the money till Nov. 15th and i think we may have to give are answer by this Friday based on their filing date. We know that since we got the loan before the %36 interest rate law took effect it wouldnt be valid but we just want to buy time till atleast the end of November and i heard the claim doesnt even have to be valid, they will decide that in court and we will be filing before we go to court im assuming?

When you took the loan out originally you probably gave them your SSNs in the application. If they have those, they can find any bank account in your name. If you file by the end of Nov. you should be OK because once you file an answer the court will assign a hearing date. So you still have probably a good month or two before a judgment could be entered.

[aachudneymiles]

Oh and several creditors/collections have spoke to hubbys command and they told the creditors there is basically nothing they can do to make us pay it back, they would have to take matters into their hands( ie. court etc.)

yeah that is a great command my hubby command got in our business made hubby do these couseling chits., its crazy. so yeah that sound right ;ike above file a answer the one about the loans law such be good because it will have to go before a judge and so forth .. waste some time. good luck

[aachudneymiles]

[QUOTE=momof2boys;119850] On another thread in collection problems board someone said of a law that protects military pay and they wont honor most garnishments. QUOTE]
I wish, I will look up that thread to research cause I am on my last leg trying to waste time myself and I call the clerk and she said are you military iam like hubby is she said a person would be assigned to us and then they will try to garish our wages since they already have judgement..

[EZDUZIT449]

Any financial institution can find your current and closed bank acct's in about 5 minutes.

[seraph79]

I was in the Army from 2000 - 2004...maybe the rules were different then than they are now, but I was in debt when I was enlisted and I couldn't afford to pay certain credit card bills. Rather than attempt to collect a debt from me directly, the creditors learned my commanding officer's information and what unit I was with and contacted him directly. He basically called me in and made me set up an alotment--which basically takes $ out of each paycheck and sends that money directly to the person owed the money. Since I was given a lawful order to do so by my commanding officer, failure to obey would have landed me in more hot water. Just keep that in mind when dealing with debt in the military. Collections agencies are nasty deceitful entities and they'll do anything they can to get a buck out of a debtor...including selling off debts that have been discharged by the court to other collectors (zombie debt).

[jp2861]

Any financial institution can find your current and closed bank acct's in about 5 minutes.

Can you explain how?

[seraph79]

Can you explain how?

It doesn't cost them very much to go to the county court and get a writ of garnishment...they pretty much send it out to all of the major banks in the area(Bank of America, Wells Fargo, US Bank, WaMu--in Oregon) and hope that they happen to get a hit with one of them. I bank with BofA and when the attorneys for the hospital did that to me, I got 6 different notices from the court listing various banks before the attorneys finally hit BofA--and cleaned me out. The bank has to answer the writ; either you've got an account or you don't and if you do, they must say so. Then you may as well stop direct deposit, close the account, or pay off the entire judgment amount because they will continue to hit the bank with writs of garnishment until they recover the full amount they are seeking.

It's also important to note that the bank does not do this "research" for free, so if you are an account holder, be aware that the bank will charge dearly to answer a writ issued by the court. In the case of BofA, they charge a $100 so-called "legal research fee" to answer one. And if the attorney or collection agency is really wanting to make your life difficult, they could, in theory, have a new writ of garnishment issued by the court every day if they were so inclined, and that would cost you a legal fee every time the bank receives a notice.

My attorney filed my Chapter 7 petition 5 days after this happened to me and the automatic stay that went into effect protected my bank accounts from future garnishment. It was so nice to hear my attorney on the phone talking with the other attorney who did this to me telling him to stop. What was better was that the trustee for my case made them give back all of the money they took from my accounts because he deemed it a preferential payment...so he divvied it up between all of my creditors. They went from having $2,000 to only being given $35. Talk about funny. I almost wanted to send my trustee a thank you card...but I will just let it go since I'm on my way to a discharge without objections from him.

The short of it is: yes, they will eventually find out where you bank, whether it is with a small one branch bank or a large national bank--you're not safe and they will get their money until you either pay, or file. Oh yeah, and they won't be nice and send you notification in advance because they don't want you to clean out your account before they can get to it...so you'll usually get the nice little notice from the court and bank and also the overdraft notices a few days after the event has already taken place. Nice, huh? We have to wait 90 days after date of filing before we can get a discharge because we have to allow ample time to notify the creditors, but they don't have to notify us of anything. They can send things to wrong addresses on purpose and oops, no answer? Default judgment.

Ok, I'm still a little bitter, but hey, 12/26 and I'll have my discharge!

[jp2861]

I was in the Army from 2000 - 2004...maybe the rules were different then than they are now, but I was in debt when I was enlisted and I couldn't afford to pay certain credit card bills. Rather than attempt to collect a debt from me directly, the creditors learned my commanding officer's information and what unit I was with and contacted him directly. He basically called me in and made me set up an alotment--which basically takes $ out of each paycheck and sends that money directly to the person owed the money. Since I was given a lawful order to do so by my commanding officer, failure to obey would have landed me in more hot water. Just keep that in mind when dealing with debt in the military. Collections agencies are nasty deceitful entities and they'll do anything they can to get a buck out of a debtor...including selling off debts that have been discharged by the court to other collectors (zombie debt).

That's illegal. You should have marched your butt to the legal office. Military pay is 100% exempt except for child support and taxes.

[jp2861]

[QUOTE=aachudneymiles;119866]

On another thread in collection problems board someone said of a law that protects military pay and they wont honor most garnishments. QUOTE]
I wish, I will look up that thread to research cause I am on my last leg trying to waste time myself and I call the clerk and she said are you military iam like hubby is she said a person would be assigned to us and then they will try to garish our wages since they already have judgement..

Google 5 CFR 582.102(2)