Crap 1 debtor exam

[DeadManCrawling]

Correct, WM,

Ny biggest fear in our case, is the possibility of an arrest warrant, a real risk in the event that the thing goes unanswered. County judges can put you in jail for ignoring them. Something we plan to avoid.

[WhatMoney]

The gist is this: Somewhere on that form, if it is the same we received from Cap One, is this sentence:

"I admit that this debt is not and will not be dischargeable in bankruptcy."

Well so far the OP say these words are not in the letter. But even if they were, how in hell can you admit to something that is false? The debt is and will be discharged in bankruptcy. If the OP wants to be safe he should send them a response stating "this debt is and will be dischargeable in bankruptcy". If Cap 1 wants to attend the 341 meeting and object to the debt being included, let them try.

The judgment does of course always survive bankruptcy, only the underlying debt is discharged. You would need to vacate the judgment after the bankruptcy as a new action, a routine procedure that will cost you extra legal fees unless you handle it yourself.

[DeadManCrawling]

Additionally, it is at this point that Cap One can, and often does, request a warrant for arrest of the debtor. The warrant is not for being in debt, but for refusing to answer the judge in a court proceeding.

Read back a page or two, and you will see posts from people who had warrants issued because of not answering this particular document.

Not a chance I would take.

[DeadManCrawling]

cat,

not answering this one is different, because he will be "Admitting that this debt is not dischargeable in BK". Ever. I am not sure how it all works, but we have the same issue with Cap One, a request for admissions, and debtor exam, scheduled in Dec. Our attorney was extremely firm on this. We MUST answer or get filed before that date. Otherwise the underlying debt can not be discharged. Ever.

Maybe it varies by district, or even judge, but it's not a chance we are going to take.

The gist is this: Somewhere on that form, if it is the same we received from Cap One, is this sentence:

"I admit that this debt is not and will not be dischargeable in bankruptcy."

Or something similar. Our attorney says this is the worst possible outcome for these types of things.

[catleg]

Jacko,

you are mistaking a very serious, and fundamental, underlying issue.

This particular judgment, because you aren't going to answer, will survive BK and ANY FOLLOWING BK's for the rest of your life. If you ever, EVER, make enough money to merit doing so, they can and will collect.

This will haunt you.

Huh? What makes it so special because he doesn't answer it. Judgments are vacated by BK all the time.

[Hillbilly]

How would the person who stamps the notary know of my financial condition?

I am collection proof. if Crap 1 wants to waste more money in their futile collection effort more power to them. My other creditors have figured it out who are begging for a settlement.

The Notary has no need to need to know your financial condition, or to even look at the figures.
All the Notary does is legally validate _that you are who you claim to be_ and that you have personally appeared and provided sufficient proof of your identity,_
and signed an affidavit attesting to such in his/her presence, They are certified to serve as a legally qualified witness.
(not your second cousin's sister-in law twice removed, that no one else knows, or knows where to locate)

As others have said, your answers and information can be as vague as you wish, or can make them.
DENEY as much as you can with "I don't recall"_ "I do not know" _ "I am not sure"_ or "no records, ask the lender"
Do NOT however lie about the amounts of your income, or assets, but keep your figures as low as possible so they will know that you do not have the means with which to repay_Ya gotta let them KNOW you are really a 'turnip' with no blood to suck

What is critical is that you do reply within the time specified,
It will get them off your back for now, and will protect you down the road from them being able to ever pursue you again if you do have to file a BK.

To not respond to this in a timely matter is to permanently give up any right to ever have this debt discharged, then, BK or no, they will be after you for the rest of your life.

[jacko]

I am going to answer their questions, but not to notarize it.

[DeadManCrawling]

Jacko,

you are mistaking a very serious, and fundamental, underlying issue.

This particular judgment, because you aren't going to answer, will survive BK and ANY FOLLOWING BK's for the rest of your life. If you ever, EVER, make enough money to merit doing so, they can and will collect.

This will haunt you.

[jacko]

How would the person who stamps the notary know of my financial condition?

I am collection proof. if Crap 1 wants to waste more money in their futile collection effort more power to them. My other creditors have figured it out who are begging for a settlement.

[Hillbilly]

Seriously, if your financial condition is as described, you really ought to respond and have it notarized.
Look at it this way, they are asking these questions to determine whether you have means or assets with which to satisfy the debt, and the scenario you have given here indicates that you DO NOT. With that information confirmed, they will know that they 'cannot get blood out of a turnip' and will likely conclude it futile to pursue further collection efforts, which certainly would force you to BK, with a subsequent discharge of the entire amount owed.
As it is, they can play it along on a hope that someday your income or assets will sufficiently increase, or you will finally agree to a reduced settlement offer.

I have now been playing this particular waiting game for 4 years on the outstanding HELOC on my old foreclosed home.
I have recieved several 'reduced settlement offers', but still do not have either the income or assets to really do anything about it.
And I DO NOT intend to ever pay them even another dime.
(I lost my prior home of 41 years to foreclosure, and the entire HELOC amount was used in improvements to it. )

[jacko]

Here are the questions that the Crap 1 collection firm are asking for.

1. State your name, residence address, age, social security number, and telephone number.

2. List any and all bank accounts you may have, stating what kind of account it is, the number of the account, where it is located, the amount of such accounts, the names the account are listed under, if the account is a joint account, the name of the persons who control over said accounts, and the length of time you have said accounts.

3. If you claim another person or entity has ownership of funds in any account in your name, provide a accounting for who owns the funds in the account.

4. State your occupations, the name of your employer, if any, the length of your employment, your position, and your wage, salary and or/commission.

5. Do you own your own home? If you own your home, state the street address and legal description of such property, the amount of equity you have in it and list all mortgages, liens and encumbrances on said property.

6. List the year, make, model, and license model of any automobile or vehicles you own.If any of the listed vehicles are being financed, name the financing institution and its address.

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Paypal is not a bank account is it? On my checking account, I have over draft turned off. I will have less than $20.00 in it when I send the response back. I will be prepaying Jan utilities and auto insurance. if my bank allows a writ seizing and has resulted in a negative thousands of dollars, it will be the banks fault for allowing and will include in filing.

I only have a part time job of 20-40 hrs a month plus the kindness of the folks who send $500 month while I stay rent free until next July while the foreclosure runs its course.

They want the response to be stamped with a notary which I will not do to due to cost.

[MiSSMaGoo]

I agree too! I ignored interrogatories... honestly it was b/c of ignorance and many months later, what do you know? I had a warrant. It's not worth it, just answer.

[treehugger1]

I agree with Catleg. Just fill the damned thing out "to the best of your recollection," and let them do whatever.

Here's something that I find funny (I canlt remmeber where i read these) as responses to post judgment interrogatories:

1) Please provide copies of your last three year's federal tax returns.

Reponse: Defendant does not keep copies of anything. Defendant suggests plaintiff's attorney file a subpoena on IRS for requested documentation.

2) Please provide copies of paystubs

Defendant does not keep copies of paystubs. Defendant suggests the plaintiff's attorney file a subpoena on employer's records.

3) Please provide copies of bank account and other financial records

Defendant does not keep copies of such records. Defendant suggests plaintiff's attorney subpoena the information.

If the information costs YOU money, and you don't have, or keep paper copies, then make the other party go get it.

Are the above valid responses? I have no idea, but in this day of all electonic, online records, not everyone even bothers to worry about statements. One can always call some number on their account and get telephone info. Why on earth should the defendant have to pay to get copies of stuff that they only deem accessible through the telephone. If they want it, make them work for it. Could you be held in contempt of court. I have no idea, but you can't make copies of stuff you don't keep.

So, okay, much of what I said is sarcastic and tongue-in-cheek, but think about how easily folks are willing to give up their identities and pay to do it. JEEZ.

[catleg]

I got virtually the same thing here in NJ. After a while I just sucked it up and mailed it in. Nothing ever came of it. No wage attachment. I only gave up 2 of my bank accounts which I closed the next day. Told them about car that's underwater. Not sure why they didn't go for my wages. Maybe they just lost the paper. Or my employer is so huge and mostly out of state they're confused where to serve.

I highly recommend the peace of mind that comes from mailing it in, with as little useful information as possible.

[treehugger1]

MSBK, Thanks for your post on page two. I guess I was confused with what was specifically asked of the debtor. TH