Collection question

[AngelinaCat]

Congratulations!!! It has certainly been a long haul for your MIL.

[rta]

Congrats, albacore44! There are many ways to win against JDB's, and this one worked.

[albacore44]

***Update*** My MIL received a letter in the mail yesterday from the court, with papers showing the JDB has withdrawn and closed the case. Looks like my letter worked

[rta]

It looks like that worked. I sent a similar letter to the OC's attorney that's got this lawsuit against me, but they went ahead anyway. Perhaps, IF they get a judgment, I could re-send the letter. They think that a collection-proof state is temporary.

Otherwise, the only thing they could do is to have the sheriff levy my bank account, and I would be given time to submit a claim of exemption to the sheriff, who would in turn inform the creditor about it. If the creditor does nothing, the sheriff returns the money. If the creditor wants to object, then it's back to court to defend the claim of exemption.

Or I could file for BK but that's another paper trail.

[GoingDown]

I sent them a letter telling them the truth: I have no wages to garnish, I do not have a checking account, nor a savings account to seize, I do not own any real estate, I do not have any investments to take, my motor vehicle is below the exemption amount for Arizona, and that even if they won a lawsuit against me it would be a complete waste of their time, effort, and money because I would never pay a penny of it, and if necessary I would just file chapter 7 bankruptcy and their judgment would become worth less than the paper it was printed on.

After that I heard from former employers that they had called them to check out my story. I also noticed hard pulls on my credit reports from them. They were checking out my story. I assume that they must have checked ChexSystem or something like that and probably pulled up my street address on the Maricopa County Assessor's website and saw that I did not own the place where I lived. It's all verifiable, if they want to look for it.

After that I noticed that they gave up.

I should also point out that I included a full "cease and desist communications" letter with my judgment proof statement and I told them I was recording all telephone calls and would sue them if they violated the Fair Debt Collection Practices Act. So, they knew that I knew my rights, and that I had just taken away their main method of getting paid-- by calling me on the telephone.

They moved on to lower hanging fruit and left me alone after that.

[rta]

How did they find out you were judgment proof? In California, there are procedures, but I'm not sure how it goes in Arizona.

[GoingDown]

I don't think they have to re-file in her name only. They can simply amend their filing.

My guess is that they probably have put this on the back burner since they realize they probably aren't going to get anything out of it anyways.

The lone creditor who actually sued me, CrapOne, never did anything with their judgment after they found out that I was judgment proof. They made some threatening phone calls and never followed through with anything. Then for awhile they sent me offers of a new credit card if I transferred the judgment balance to the new card. And then finally, there was nothing but silence from them.

[albacore44]

ok so 5/9 has passed and no new activity in the court records. just found out today the grandson filed ch-7 a couple weeks ago so i'm sure they were notified by the court. so now he is under the automatic stay . the case was filed in both their names with the same court case number. not sure how this works from here, if they would have to re-file in her name only if they decide to pursue. hopefully they will realize this is a dead end and cancel the case

[GoingDown]

If they continue to call her after they received that letter, then make sure you record the calls and if they continue to pursue this matter, at least you will have an FDCPA violation against them.

[albacore44]

ok, letter, answers to interrogatories were sent signed receipt to the attorney and recieved by them last friday 5/4. they have the next move. 30 days is up 5/9

[GoingDown]

ohh well. Were not gonna pay a filing fee when its wasted money. shes collection proof, and its stated so in the letter i am sending.

as a matter of fact, yes, she originally wanted me to try to settle. Shes angry, scared, disgusted, and disappointed. And this isn't the first time she's bailed out that side of the family, but thats another story. She suggested we offer them payments. But she also doesnt want to drain he lifes savings either. i agree. She's collection proof. Let them eat dirt.

I agree!

I would follow up with a Cease and Desist Communications letter to them, to get them to stop contacting her and upsetting her.

No good can come from talking to them at this point.

[albacore44]

Playing devil's advocate here: But I'm curious, have you asked your MIL how she wants to handle this? My own mother is 84 and we discussed this thread. She is very similar to your MIL (about same income and savings) and she said that if she had co-signed she would have accepted the risk that comes with doing that. And if she could get out of it for a 50% settlement...all the better...rather than have her go to court and "play the the 85 year old grandma with a failing memory game." She wouldn't have wanted to spend her money this way, but when she voluntarily signed on, it was her choice and she would just do what was right. But then she added that the nephew would have a two page "honey-do" list so he would learn a couple good lessons too. Just my Mom's two-cents.

You know this is a perfect example for everyone who reads this thread.....of why you never, never, never co-sign for anyone.

Please don't be offended...

DM

as a matter of fact, yes, she originally wanted me to try to settle. Shes angry, scared, disgusted, and disappointed. And this isn't the first time she's bailed out that side of the family, but thats another story. She suggested we offer them payments. But she also doesnt want to drain he lifes savings either. i agree. She's collection proof. Let them eat dirt.

[DaisysMom]

Playing devil's advocate here: But I'm curious, have you asked your MIL how she wants to handle this? My own mother is 84 and we discussed this thread. She is very similar to your MIL (about same income and savings) and she said that if she had co-signed she would have accepted the risk that comes with doing that. And if she could get out of it for a 50% settlement...all the better...rather than have her go to court and "play the the 85 year old grandma with a failing memory game." She wouldn't have wanted to spend her money this way, but when she voluntarily signed on, it was her choice and she would just do what was right. But then she added that the nephew would have a two page "honey-do" list so he would learn a couple good lessons too. Just my Mom's two-cents.

You know this is a perfect example for everyone who reads this thread.....of why you never, never, never co-sign for anyone.

Please don't be offended...

DM

[albacore44]

I agree that the SOL didn't star running until default.

I will state this again: Your MIL needs to file a response to the complaint. She needs to do it before the plaintiff applies for a default judgment against her which could happen at any time. The nephew's answer does not help her. The plaintiff can get a default judgment against one defendant and continue the suit against the other.

ohh well. Were not gonna pay a filing fee when its wasted money. shes collection proof, and its stated so in the letter i am sending.

[LadyInTheRed]

I agree that the SOL didn't star running until default.

I will state this again: Your MIL needs to file a response to the complaint. She needs to do it before the plaintiff applies for a default judgment against her which could happen at any time. The nephew's answer does not help her. The plaintiff can get a default judgment against one defendant and continue the suit against the other.