Just beginning

[jaded]

I just recently found this site, and decided to join because I liked what I saw as far as information and how nice people were to others.
So, I figured I would say hello to everyone and introduce myself, my name is Sara. Right now Im doing my "homework" to get everything rolling. Ive already picked my lawyer and Im slowly on may way with filing, but right now my nerves are shot. I have some bills that are not on my credit report, and I have one collection company calling me stating that they can times what I owe them by 3, and how they will start garnishing my wages. That would bring me to my first question, are they allowed to start garnishing your wages without formally informing you? And this lady who keeps calling everytime she keeps getting nastier and ruder with me. Ive decided to put my mobile home in with my bankruptcy, and move back to my parents home...and then I wonder when can I stop paying rent? I wish I could right now, so that way I can put that money towards my lawyer fees etc.
But enough of all that, Im sure I will come across more questions...
I just wanted to say hello, and thank all of you for the information and advice I **greatly** appreciate it!

[aa06a47]

Welcome to the board. To put your mind to ease, next time the collection agency calls, refer them to the attorney. Say your sorry they wasted all there time trying to collect from you, that your filing bankruptcy.

I don't think they can garnish your wages without a court hearing. You should check the laws in your state.

I would also ask them how they plan on trippling your debt.

[anonymuse]

Any time they start giving you some BS (like tripling your debt), tell them to send you the policy in writing. Then, remind them about the Fair Debt Collections Practices Act: http://www.bankruptcyforum.com/t946-...tices-act.html

[SinkingFast]

Welcome to the Forum, Jaded.

We can help you better if you tell us what State.

No_it_All had some sort of deal "served" on him. A Summons looking thing but it wasn't really. He happened to notice there was no Docket # on the document. Did a little research and found out if he did not respond within a certain time frame he woulda been screwed. The Creditor coulda gotten a Summary Judgement against him.

http://www.bankruptcyforum.com/showt...ht=garnishment

Page 2, Post #17. You can read about it.

So not every State requires a Law Suit to get a Garnishment.

Personally, I would not tell the Collections Company you're even considering BK. That might push them to rush filing for a Judgement against you. Just use Caller ID or an answering machine to screen your calls. Talk to people you want to and ignore the rest.

[miss puff]

Hi Jaded *waves*. I am new too so I don't have much advice to give yet as I am still learning myself, but welcome!

[jaded]

Forgot to mention that, I am in Michigan. She was a nice lady until today, she told me she didnt believe me that my parents wouldnt lend money to me. And yeah, I caught on quickly here to not mention my bankruptcy to certain people...
Right now Im trying to fill out my "homework" basiclly who I owe, and then breaking down my expenditures for the month i.e. utilities, food, clothing, laundry, transportation, and right now that is atleast for me the hardest. Trying to figure out what I pay for these for a month. And I plan on including my mobile home but I really wonder and I will call and find out, but when can I stop paying the mobile home payment and my lot rent?
But again, thanks for the advice!

[bkbiker]

Hi,

With bill collectors, anytime you talk with them; they have won. They don’t care what you say or how rude you are to them; it’s the response from you that matters, when they get you to respond, some offices have a bell that goes off and everyone in the office cheers to them (good work)

For me, if I was going to try and work out a repay plan, I would call the note holder directly.

Following up on sf,
If you have taken out a loan of some kind, and in the documents that you signed there is some kind of waiver like the one below, I think they can get a summary judgment against you,

…………………………………………………………………………………………
WAIVERS

I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

………………………………………………………………………………………
How-ever, they can only garnish a percent of your disposable income, if you go to court and show that you really don’t have any extra disposable income, the court may dismiss the garnishment notice.


I borrowed this from Minny, I hope minny doesn’t mind
“My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different

Best wishes, bkbiker

[keepmine]

When a debt collector's lips are moving, they're lying.
They can't garnish anything unless they sue and win and then, file approirate paperwork for garnishment with the courts and your employer. That'll take months if, ever. If bk is really an option, send a letter CRRR saying they are never to contact you again. If they persist, let your lawyer know-you'll have some FDCPA claims.
Just quit paying the MH and let them start foreclosure. That'll take months as well. Use the money saved for your legal fees and catching up on things like utilites and auto loans,etc.

[Minnymouth]

jaded,
WELCOME TO OUR FORUM............ and all the moral support you need to get thru this trying time in your life.

We are here to help, support, answers questions (if we can), and be your "buddy" thru the bankruptcy process.....

Feel free to chat with us, ask questions, offer suggestions, and become a member of our forum......

We're here to help,

Minny

[anonymuse]

Do you know how they calculate disposable income in these cases? Is it like the means test? Or actuals like the other schedule?

[Minnymouth]

In some states they can garnish up to 25% of your income - disposable or not.........

They can garnish it and say "sorry about your luck".............. do without something......

Isn't often a judge will overrule a garnishment (because he has already authorized a judgement to grant it), and you would have to be out court expenses to stop the garnishment or have it removed.......

It's very hard to get a "hardship case" in court granted.....

[bkbiker]

[anonymuse]

Thanks, BKBiker. I know Colorado is based on disposable income, but just never hunted down the particulars on the internet.

I got out of a garnishment since the judge was PO'd at the lawyer for too many petty cases. As long as I worked out a payment plan on my own, he dismissed the garnishment.

[SinkingFast]

Forgot to mention that, I am in Michigan. She was a nice lady until today, she told me she didnt believe me that my parents wouldnt lend money to me. And yeah, I caught on quickly here to not mention my bankruptcy to certain people...
Right now Im trying to fill out my "homework" basiclly who I owe, and then breaking down my expenditures for the month i.e. utilities, food, clothing, laundry, transportation, and right now that is atleast for me the hardest. Trying to figure out what I pay for these for a month. And I plan on including my mobile home but I really wonder and I will call and find out, but when can I stop paying the mobile home payment and my lot rent?
But again, thanks for the advice!

Whenever Creditors have suggested we "borrow" money from relatives, I say NO! We're not gonna do that. Get money from family for debt we're going BK on anyway.

I don't know what my In Laws financial situation is, but they have offered to help in any way they can. I prefer to reserve that offer for help for a time, down the road, when we really may need it.

What if 6 months down the road, post BK, we have some sort of huge medical emergency and actually need the funds then for us, our kids?? If we tap out our family's good graces and resources now, they may not be able to help us when we really need them.

[BassBoy]

In my opinion, bill collectors have NO position to ask you to borrow the money from any entity. When they've asked us to look to family members for a loan. I simply say, "Who are you to tell me where I should I get (borrow) the money from?" Even though they replied with, "It's a suggestion," I simply say, "Well, it's none of your concern." They are not financial advisors and they have no right to tell you to borrow money from anywhere.

Just my thoughts.