Lawyer is threatening jail

[debtmonster]

I no longer care what my score is. It can hit 300 and stay at 300. I no longer want to ever get into this mess again. From this point on, I want to pay CASH for everything for the rest of my life. I never want to pay interest as long as I live.

[treehugger1]

DM, my scores are going up, pushing 520, LOL. I have not declared BK, but the list of judgments, CA's, and charge-offs is quite large. I do have student loans that are paid as agreed, and I have car payments and a couple of credit cards that I use but they only have $400 - $500 on them. The little bit of good must be offsetting the bad. I would have thought my scores would be down in the low 400's, but no, I'm still above the bottom 20%. Funny. The other thing to keep in mind is that you probably have many accounts that were in good standing for years. I'm not sure how this will play into the new FICO scoring, but I guess I'll know pretty soon. I have had one account actually sold to a CA. The CA is reporting as "consumer disputes the debt." On the other hand the BOA account shows a CO, but now reports a 0 balance. I guess things sort of cancel other things out!

[debtmonster]

$900 is a JOKE!!

I owe almost $40,000 in medical bills from June of 2008. NOBODY has really bothered me. If they aren't suing me for $40,000, they certainly aren't going to do anything for a measly $900.

I wrote my standard cease and desist letter to the collection agencies who came after me and never heard a peep ever since.

My credit score is 489 now. WOOO HOOOO! I'm loving it! Do you think it will hit the 300's once I file BK or they foreclose?

[soleprop]

lol, i would want to be a fly on the wall in that discovery

[BigJohn]

If at a debtor's exam I am asked to turn over my rolex, I would cringe and eventually turn over the rolex. My question is: would the rolex satisfy a $3000.00 debt? And what would be the creditor's next move be when he finds out it is a forgery?

[junker]

many years ago i went in for a debtors hearing on a small claims judgement, in california,and was told EXACTLY the same thing,to NOT bring cash in your wallet, watch what jewelry you have, etc. i was told they can take whatever cash you have on hand. in my case the judge sent plaintiff and myself in side room to see if we could work something out. we did and judge was satisfied,

[treehugger1]

An old colleague of mine had an age-old judgment. My understanding is that they were eventually called in for a judgment debtor exam. One question that was asked, "What assets, if any, did you bring to this proceeding today?" Those were not the exact words, but the implication was that any assets that the judge could seize at the time, he/she was willing to take. They had taken the bus down to the courthouse. LOL

When I received writs of garnishment a while back, a couple of the creditors included a form that allowed me to claim my exemptions. Since I knew they were going after wages, I didn't bother to fill them all out. Now, I have a stack of them in my office, ready to use if need be.

Many of the forms used in civil procedures, I can purchase from the county clerk. They can't give legal advice, but they are more than willing to help with correct forms and timelines. Maybe they are just nice to me. For a while, I was a regular customer.

[HHM]

Allow me to correct you for a change....not in all states....sometimes bk exemptions also apply to judgement exemptions.



I cant help but laugh about this (and at the same time I am disagreeing) because there is NO WAY that during a trial, while in front of a judge, this type of action would be allowed, let alone encouraged! This is why I trip out at times on you BB and I get perplexed at the scare tactics you sometimes post, but at the same time, you post so many times trying to help people.

That absolutely can happen at a judgment debtor's exam. It is rare, but you can literally have the judge order the debtor to hand over the cash in his wallet, or go out and seize a non-exempt vehicle (i.e. have the keys turned over right there at the court house). For context, a judgment debtor's exem is a post judgment proceeding, and is not part of the BK process.

[CompTweaker]

Depends on the exemptions of your state, but remember any wild cards only apply to a BK.

Allow me to correct you for a change....not in all states....sometimes bk exemptions also apply to judgement exemptions.

On a side note, I don't have the link handy but one attorney back east, asks if you drove to the proceeding, you answer yes, he then asks if you own the car, you answer yes, he says could please produce the registration. While you go out to your car he provides the judge with the order to seize the car once you return and provide proof of ownership.

I cant help but laugh about this (and at the same time I am disagreeing) because there is NO WAY that during a trial, while in front of a judge, this type of action would be allowed, let alone encouraged! This is why I trip out at times on you BB and I get perplexed at the scare tactics you sometimes post, but at the same time, you post so many times trying to help people.

[treehugger1]

I'm wandering a bit off subject here, but if requested to attend a debtor's examination, you might also want to take a copy of your state's exemptions. A simple financial sheet showing your assets and liabilities. On the financial sheet you can also show "equity" you might have in a car. If you have none, then note on the sheet that it is exempt. For each possible personal property item that could be seized, I list the relevant state statute exempting the item. This was a really great exercise for me to go through. Bottom line for me is that all I have is wages; subject to a maximum garnishment of 25% take-home.

I put one together a few months ago, and my enormous student loans completely destroy any possibility that I am worth anything. LOL

I also put down my pension and retirement account amounts. These are 100%exempt from seizure in my state. In addition, they've lost about 40% of their value in the last 3-4 months.

Keep in mind a debtor's exam is intended to find any assets you might have. If you have no assets, then you have nothing to worry about. If for some reason the question comes up as to how you got in financial trouble, or what you do with your money, then go back 20 - 40 years and begin "explaining." I could easily use up 3 - 4 hours answering such a question.

On the other hand, once a law firm or creditor gets a judgment, there is nothing preventing you from calling them up and/or sending them a financial statement. It might not hurt to be a little proactive, especially if it saves you some time and the time of the plaintiff/attorney. This might be especially true if they already know where you live and who your employer is.

[junker]

if you have to go in for a debtors exam or hearing, it is advisable to not wear a rolex watch or similar jewelry to the hearing. they can TAKE it.

[BigJohn]

I do know that in our state, AFTER a judgment has been granted, that there is a hearing for disclosure. This is where the judge will ask a person about their income, expenses, and financial situation to determine what a person might be able to pay on a debt.

If a person is summoned for this hearing, and does NOT arrive, the judge can issue a CIVIL warrant for arrest. What that means, is that the judge will order the sheriff to go and pick up the person, and bring them to the court. They to NOT take them to jail! Also, the creditor must be ready to appear in court within a certain amount of time that the debtor is brought in, or they will be released. I think that the time period is 30 minutes, but I am not sure.

But no, you do not generally go to jail for CIVIL contempt.

An emplyee who no longer works for me and myself just recently got a summons telling us that we had to appear in court the next day for a trial of a person who had passed a bad check in my store 6 years ago. I arrived at the court, the ex-employee didn't. The summons said if we didn't appear, a warrant would be issued for our arrest. I told the clerk who I was and mentioned the ex-employee coud not be found, she said "No problem".

[Never_Again]

I do know that in our state, AFTER a judgment has been granted, that there is a hearing for disclosure. This is where the judge will ask a person about their income, expenses, and financial situation to determine what a person might be able to pay on a debt.

If a person is summoned for this hearing, and does NOT arrive, the judge can issue a CIVIL warrant for arrest. What that means, is that the judge will order the sheriff to go and pick up the person, and bring them to the court. They to NOT take them to jail! Also, the creditor must be ready to appear in court within a certain amount of time that the debtor is brought in, or they will be released. I think that the time period is 30 minutes, but I am not sure.

But no, you do not generally go to jail for CIVIL contempt.

[CompTweaker]

Original poster, shado1021 wrote "Now, she just called me and said she got a letter in the mail from the law firm representing the hospital that said if she doesn't show up in court, she could face arrest and jail time for contempt of court."

If your daughter does go to court, she should show up with a suitcase and a reporter.

What I have noticed lately is some collectors, lawyers, etc. seem to be etremely agreesive and don't seem to care about the law, as if there is no law.

As one poster has mentioned, your daughter should qualify for legal aid because she gets food stamps.

As far as being to garnish her wages, I don't think she makes enough. The lawyer is just scaring her.

Its just a scare tactic. Unless the document served has a valid "case number" that can be easily verified by calling and confirming with her local courts, then it really is just a scare tactic PLUS it has crossed the line, and they can be sued for it.

[BigJohn]

Original poster, shado1021 wrote "Now, she just called me and said she got a letter in the mail from the law firm representing the hospital that said if she doesn't show up in court, she could face arrest and jail time for contempt of court."

If your daughter does go to court, she should show up with a suitcase and a reporter.

What I have noticed lately is some collectors, lawyers, etc. seem to be etremely agreesive and don't seem to care about the law, as if there is no law.

As one poster has mentioned, your daughter should qualify for legal aid because she gets food stamps.

As far as being to garnish her wages, I don't think she makes enough. The lawyer is just scaring her.