"Do Nothing" Strategy to Winning Your Debt Collection Lawsuit
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- Опубликовано: 7 окт 2020
- When you are faced with a debt collection lawsuit knowing what to do can make all the difference. But sometimes doing nothing is an option. In this video Lawyer John Skiba shares when you might consider that approach.
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I guarantee you will find them valuable.
#bankruptcy #debt #debtcollection
🔥🔥Check out these other Consumer Warrior DIY tutorials:
📝 How to Draft an Answer to a Debt Collection Lawsuit - consumer-warrior-project.thinkific.com/courses/answer
📝 How to Win a Debt Collection Lawsuit by Compelling Private Arbitration - consumer-warrior-project.thinkific.com/courses/arbitration
📝 How to Draft a Response to a Motion for Summary Judgment - consumer-warrior-project.thinkific.com/courses/summaryjudgment
📝 How to Prepare and Defendant Yourself at a Debt Collection Trial - consumer-warrior-project.thinkific.com/courses/how-to-prepare-defend-yourself-at-a-debt-collection-trial
📝 How to Defend a Debt Collection Lawsuit From Beginning to End - consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle
📝 How to Eliminate a Default Judgment - consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
📝 Proven Strategies for Settling Debt for Less than Owed - consumer-warrior-project.thinkific.com/courses/debtsettlement
📝 How to Become Debt Free through Bankruptcy or Debt Settlement - consumer-warrior-project.thinkific.com/bundles/debt-settlement-bankruptcy
💼 Complete Consumer Warrior Tutorial DIY Library - consumer-warrior-project.thinkific.com/bundles/all-courses-bundle
"Judgment Proof" Learned something new today.
I CAN SEE WHAT THE FUTURE IS GOING TO LOOK LIKE
In fact twice the amount of social security benefits are protected regardless of where that other income is derived
Wow! This is exactly what I was wondering. I must say Thank you !thank you !thank you this video was such a big help I have a better understanding about judgments.
More priceless information. Thank you!
Thank You so much for the information 😘
You are so gracious in all your videos, thank you so much!
Glad you like them!
Thank you so much you just answered my question in regards to garnishing my social security benefits from my bank account. #Florida
I live in Arizona and I'm hoping you can shed some light on my situation. I think I might be judgement proof since I've been unemployed for years, have very little money, don't own a car or house, and live with family (I am my Mother's caretaker). I will some day inherit all my Mother's belongings though due to a trust account, including her house and cars but that's (hopefully) many years away.
I am a musician and have been trying (unsuccessfully) to make a living playing guitar. The only pricey items I own are a few guitars and computer. I recently utilized one of those "no credit check, no interest" Point-of-sale 6 month installment agreements on a piece of gear I needed from a major retailer. I have made half the payments, but still owe $354. A family emergency came up and now need to use my money for that instead. If I don't finish payment the installments, how likely is it that I will be sued for $354? I know it will, at the very least, ruin my credit. Thanks!
if its unsecured debt though and it passes a statute of limitations, dont they have little to no power after this?
What if u buy real estate AFTER the judgment? How much time do they have to try to take your house? Or any other property?
Does this apply to payday loans?
What type of lawyers fight these matters? My car company filed a default judgment against me however I wasn’t properly served and the started garnishing my wages . I filed an exemption to have the garnishment stopped and have the case reheard . I was granted that and the judge vacated the suit . The car co sent a lawyer and the lawyer asked for a trial . 1. What type of lawyer am I looking for and 2 . Because the judge vacated the judgment what date do I go by to see if it falls within the statue of limitations ?
You forgot to mention that 2X your monthly social security benefit is exempt from garnishment, regardless of where that additional money came from. Also, if you owe more than one creditor and settle that one account, this will open the flood gates for the other creditors to file lawsuits because they see that you have money to pay your debts. So, in that case, it would be best to do nothing unless you can afford to file for bankruptcy or your only income is SS.
That's not necessarily true. Most states have a 1 judgement law. Meaning that you can only have one judgement at any given time. If you owe enough that it would take 20 years to pay off then most of your debt will fall off first lol
@@davidfaxon3336 Really? That's the first time I've heard this. Thank you for that info.
If you live in Texas like I do, you can get away with ALOT because Texas protects consumers really more than any other state: creditors cannot do wage garnishments, creditors can only get access to the bank account they have on file for you if you have a default judgment (the court cannot give them any other bank information, so you can just open a new account somewhere else to protect your money).
I'm so happy you are helping us on here! Ty! However, can they send a bank levy to an account that you are not the primary account holder?
Generally yes. They may not be able to take funds that don't belong do you, but if you are both putting funds into that account it could get tricky.
@@Consumer_Warrior Ty for letting me know! I have 0 assets to take and have other CS garnishments in place, wouldn't this exceed the standard 25% they would be able to take?
Look up on RUclips
Gene kim
Robert breaker
Chuck Missler
Good advice should always consult with the attorney before doing anything
Agreed. I can't give legal advice on a RUclips channel - I have never met with the people I meet on this channel and don't know the specifics of everyone's cases. I can provide some general information but I always recommend talking to an attorney before making any significant decisions.
What if a debt collector law firm comes after you after the debt has gone past the statue of limitations? I recently got a legal notice from Zwicker & Associates after not hearing from them in four years. I don't own any property or a vehicle.
I am a disabled senior on a very small pension the only asset I co-own is a house where my 1/2 is worth more than the debt I owe AND they bullied me into signing a consent judgement. Can they force sell my 1/2 of the house I co-own?
I was recently contacted by a junk debt buyer regarding a debt I wasn't even aware of. I never saw it on my credit report. I contacted the credit card company and none of the information matches between them and the collectors. It appears to be within weeks of reaching the statute of limitations to even be able to collect on it. I haven't received a court summons yet. I'm so stressed and confused.
I had a default judgment against me years ago. And nothing ever happened because I switch jobs too much.
Time to switch jobs!
So after receiving a summons do nothing if you are 65 and disabled with nothing owned? Just a car? My sister has this problem. So she should do nothing?
I live in California and I don't have much of any assets that they can do anything with.. I filed my answer and the fee I waived with a fee waiver. I neither have or had an incime and my wife's is paid just under the National poverty line but they still felt that she could pay. So I filed a second waiver and it was accepted.The plaintiff had originally started his suit in 2021, got his summary judgment in 2021 but I was not served until 2022 with his lawsuit and his default judgement.I filed a Notice of Motion to vacate and got a different date for Court but somehow the judgment was still entered but no action has been taken. This all seems alive bit screwy because of the court date I have and I have another date for the Motion to Compel Arbitration in 6 more months according to the Court Reservation System which is the earliest date it will give. Iam doing all of this In-Pro-Per.
A judgment is a legal issue and once it's put on your credit report just dispute it because the courts won't respond and therefore it's removed.
In 2017 all the credit bureaus changed their policies and judgments no longer appear on credit reports. There were too many issues with incorrect information. The creditor and outstanding debt may still be reported, but the judgment will not show up in the public records section.
@@Consumer_Warrior It shouldn't because it's those folks who work for the credit bureaus that go and obtain that information for the bureaus. It's us consumers who have to fight and write letters to get incorrect information off and it takes more than a day. Our credit scores are dropped in the process but yet those points for points are not given back!!
My question 🙋♂️ is :
If my judgment was over 3K! I found out that the property that I owe, had 2 years to summit any receipt for a valid legal way so they can charge me right! And only charge the max of 10% per year which it’s about 4 years old! 300x4=1200 ! Plus the judgment 3,020 ! Total of $4220 ! The debt agency send me a letter stating I owe then over $9k ! And that the original balance was over $6,000! When the judgment says 3,020 dollars in clear ! What can I do ??? Help anyone !?
MCM is after me for an old debt they bought and I have gotten emails from them in my old email account I seldom used since they don't know where I live I have not received any papers from them in the mail. I no longer live in the US or have any assets there. Can they get a judgement if they file a lawsuit? How would they legally serve me and what court would have jurisdiction? I used to live in Texas but have been out of the country more than 4 years. I get SSDI and a disability pension from a former employer so all my income should be exempt. I have never found out how someone no longer living in the US could be sued and collected from. Thanks..you have a great YT Channel.
Thanks for watching. Even though you don’t live in the U.S. anymore they may still be able to get a judgment. The difficult thing for the creditor would be enforcing the judgment. Most states have a process where the creditor can serve you with the court documents by publication in a newspaper (remember those :), or mailing it to your last known address. When you don’t answer the court will enter a default judgment. The judgment is not valid in other countries, however if you have a bank account in the United States they could try to go after that. If your only income into that account is Social Security you could object to a garnishment but that doesn’t mean they won’t try. Good luck!
@@Consumer_Warrior I do still have a bank account in the US that my SS goes into, sounds like I need to get a bank here in my new place of residence before they file a suit against me just to be safe.
Can we sue collection agency
I own a wood pallet business
And I sell pallets to warehouse distributors. Right now I'm going through a problem where one of those distributors doesn't want to pay me and they owe me about $60k how do I get them to pay me ? Because they already told me they're not going to pay me what they owe me. Help me pls I live in Cali.
Hello I'm in debt foe 17.000 I would always pay my bills but what I got sick in 2014 and in May 2015 I had to get working and I owe Money. Medical and doctors and now I'm 68yrs old. And what I get a month is not enough. And in July 28th 2020 I had a stroke and had to go to the hospital. Twice and now I owe again. More what do I do ?
Hmmm. I live in South Carolina, my only income is SSI and Social Security Survivor benefits. My car is my only real asset. If I did nothing, they could take my car? How does that work? I have an adult child with disability living him the house and am unemployed because of him. It's how I got into this credit mess in the first place. Was recently delivered papers for three credit accounts that have been charged off. They total the law firm is seeking is $4110.21 (including $80 filing fee). Currently my Social Security doesn't get us through the month and I have to get help buying food. Not sure if I should do nothing, or freak them out with the arbitration route (of which I couldn't even afford to pay if they took it).
Just had a judgement entered against me in Dec. My credit score dropped 194 pts. What makes me so mad is it was a debt from an eviction from 2010 that was sold to an agency, had an original judgement entered in 2011 that went dormant (I was judgement proof at the time so they never filed for wage garnishment I guess). Then in October of 21 I got served a notice that a motion to revive that judgement was entered and I was given a court date.
I'm not the only defendant in this case either. I had roommate and you know, I don't think she ever got served a summons to appear in court. My mom was our cosigner, also a listed defendant, and she was never given a court date. I got mine by certified mail.
I understand about leases being joint and several liability. I'm the only one paying for this debt. I wonder if after the debt is paid off I could sue the other defendants to pay me the third they owe me. I don't wanna sue my mom tho 😭
If I find out that the debt buyer doesn't own the signed lease or a copy of the signed lease, can I do anything about the judgment?
Yes, you can pay your (rightful) debts!!
@@angieharris8015 Shove your pseudo-morality up your keester.
@@ShikataGaNai100 LOSER, OVER HERE. Everyone, we have a loser in the chat! lol
I'm anticipating doing this. My only sources of income are Social Security, a civil service (state) pension, and a tiny pension from another job. What are my chances of getting past this? Also, do I include that in my answer to the court?
Your Social Security is judgment proof up to 2X your monthly benefit. Your pensions are ALL exempt from garnishment.
Thank you for the info, debit collector are suing me while outside the statutes of limitations. Any suggestion? I live in Texas.
You can file a Motion to Dismiss instead of an Answer and let the court know the Statute of limitations has expired.
@@Consumer_Warrior what about if I’m not in texas for two years and in other state is that the same thing because my English is not good. I been out of texas for 2 years now in Pensilvsnia for 2 years what can I do
Will bankruptcy erase this problem?
What do I do when a junk debt collector bought my debt from a bank for a car loan. I paid 3 different ones over the years. Every few months it was sold since 2013. Now they don't have info on who collected the money so bank still has lien on my title for car. I'm able to drive again( almost died, leg amputation) but can't register my car.
I can't find my proof..no longer have that bank account. Did they not give my money to the original creditor, the bank?? Omg
Hey me and an ex are being sued for a car loan that was repossessed back in 2015 with me being primary and her secondary. The thing is both of our court letters were sent to her address (both of ours at the time) and I currently live out of that state. From viewing the letter it does not have the remaining balance and is setting to garnish wages if not responded. The debt collection and attorney representing thinks I still live at the old address. So how would I respond to take on the debt, especially when I want to own up to it without my ex included for the judgement?
I’m no legal expert just what I would do.. I’d ask them to produce validation of debt. IMO, the missing remaining balance is a red flag. I’d also search the case no. to see if a default judgment was already made
I have a default judgement from Illinois to pay amt of 38,000 property damage from a landlord Me and my husband were being sued and for last hearing they dismissed my husband in the case and that’s how they won the case for me not being present in court My husband never get the chance to contest or being heard I now live in Nevada and after a year I received a citation to discover assets Don’t know what to do . No assets , car worth $3000 and job of $435biweekly I resigned from my job in VA bcoz of depression which I didn’t tell my employer got another job in nursing home but can’t concentrate so I quit again This lawsuit ruined my employment I’m trying to survive but there’s some greedy people out there that’s making false accusation Sometimes law is not fair Thank you your video is so much helpful
Can they take your vehicle if you still making monthly payments on it? & what if you own the vehicle but a relative name is on the title also can they take the car?
In North Carolina
Is a previous statement enough proof for a third party debt collector to validate a debt? Would they have to provide the original contract to prove this debt exists and the person named is in fact responsible for said debt? Any response would be greatly appreciated.
They 100% must show where you signed up for the card...no a statement is not enough.
do not pay a debt collection at all.. send out your cease and desist letters to them, there is no contract between you and that debt collector, they can buy your debt all want. This means that 1. your debt has been successfully paid off by that debt collector... and 2. You owe nothing...
Sheriff came by my house couple days credit card few months ago quit paying but but I'm on SSI and disability I had a stroke so just don't worry about it? Court
Hi John。Thank you for the information。That really helpful。But I have one question to ask。So if they sue me and won the case。And I am under the judgement proof。Should I need to send some letter to tell the creditor my situation？Or I just dont need to do anything and when They find out I dont own the house and I dont have job，my bank account dont have a lot fund and they find out？Thanks again for doing these video to help us。Very appreciate。🤝
Once they have a judgment they will likely send you a letter demanding payment. You could respond that you don’t have the ability to pay, that your assets are exempt, and your income is protected (if it really is). This may not stop them from trying to collect. But if you are truly judgment proof they won’t be able to collect.
@@Consumer_Warrior Thank you John。Totally undetstand。Have a nice weekend。☕️🤝
iam dealing with this right now just got a summons yesterday,an i dont have a job or own anything
I am a disabled veteran. I get disability. Can that be garnished?
Hey quick question. Do I need to hire a lawyer to represent me in the same state ?
You need to hire a lawyer who is licensed in the state where you case is being heard.
Do I look up the exemption in the state being sued in if different from the state I live in ? The original auto loan was done in Nevada 5.5 yrs ago but I live in wa state now for 5 yrs. I'm being sued in Nv Court.
Good question. You likely are only going to be able to claim the exemptions for the state were you actually live. I would review Washington exemptions because that is where they would have to come to try and collect.
How re you being sued in NV if you don't live there? That is illegal and you can get your case thrown out immediately!
@@TheRusschannel the loan was established in Nv therefore Nv has jurisdiction over the debt.
@@c.c.6994 I think you are incorrect, but check with a lawyer that handles consumer loans in your state for sure.... They cannot "require" you to fly to NV for a trial, not a consumer debt anyways, not civil law.... Usually to sue YOU, they must come to YOU...
@@TheRusschannel I spoke to 2 lawyer and they both told me yes, NV does have jurisdiction but I can ask again. That's how many times these debt buyers get judgements because ppl don't even know there being sued because they move. John? Can you give feedback here?
Hey man I’m getting sued by midland credit. Well I answered to the complaint and 4 days later I received a motion an memorandum for summary judgment. Well I wrote a response with the court fighting the summary judgment. But my question is this I looked at all the documents I received and no where on the motion or any of the other document has my hearing date. Am I suppose to wait for the court to mail me a letter telling me if they passed the summary judgment on me or denied. Because there is no hearing date to be at court on any of the documents
Following
In most courts they will issue the ruling in writing and it will be mailed to you. You should call the clerk of the court and ask them how they usually send out notice of rulings. Many times there is no court hearing set until the summary judgment issue is resolved. You must prevail on the summary judgment or your case will be over.
I wrote a opposition using 2 undisputed facts. Stating that the discovery process hasn’t even started yet an could bring more undisputed facts. And that I needed more time for discovery. I also said that they have not proven that they own the date an own the right to the debt. But i wrote it in a very professional way. I forgot to put my affidavit that I made in it. I already turned in the opposition of the motion for summary 3 days ago. Could I go back an turn in the affidavit or is it to late for that since I already turned in the opposition
If a judgement against you is ineffective because your property is exempt, can that same judgement be applied in the event that you acquire property that is non-exempt in the future assuming that the judgement against you is renewed?
YES 100%...for 20 years
Yep. I was judgement proof in 2011 for the original judgement to do anything. Fast forward to December 2021 when they filled to revive it and now my wages are being garnished. So fun.
Literally in Texas your are protected from consumer debt collector. A debt collector tried suing for 590 and they've now sent a summons. However I own nothing but a car that is way more than 590. Two lawyers I've talked to already told me to literally do nothing. That the amount is too small for them to even sue. Most likely they'll get judgment but it's pointless.
This is something I was worried about. DISCOVER card is suing me for $11,000 but my car is $30,000. Do you think they'll go after my car?
@@ceggert128 that I don't know , I just know in texas you're protected from consumer debt collectors, they can't take your homestead, which I believe your car is considered it idk
They’re really struggling if they’re honestly trying to sue you for $590. It’ll cost them so much just to summon you and take you to court but it wouldn’t even be worth the hassle .. some of these companies just need to take their losses and move tf on 😂
I live in Texas and a lawyer office has won a default judgment against me. It was for a consumer credit card. I have all my funds in a Delaware charter bank account that only has branches in Delaware. Would they be able to garnish my account?
If they knew you had the account they could domesticate the judgment in Delaware and then garnish the account, but otherwise no.
@@Consumer_Warrior here is to hoping they can't find it in their system. I'm not ratting myself out. Thanks.
I want to pay the bill, because its the right thing to do, but i need someone to negotiate with them, because im super shy, will there be an opportunity, and do i need a lawyer for this? Or can a debt management person do this?
my suggestion - do it yourself - I don't know your state but in NJ - lawyers are charging either a flat fee or retainer in $1000-1500 range plus filing fees and debt agencies want 25% to 45% of the amount you want to settle. As other have said, you can start offering 30% and aim for 50% - good luck
I spent 10 years on ssi ssdi in group homes my landlord in my first apartment falsely filed a police report (my 67 year old dad suffered from a motorcycle injury)as i tried to leave my property i gave them ample notice(they ignored it) and i tried
To pay them before i left. Any advice?
I would love to help if you would like to set up a consultation and live in Arizona. Here is the number you can call to set that up: 480-907-3388
@@Consumer_Warrior while i do appreciate the offer i live in missouri if they do come after me its only $815 the cost for a court room time alone probably isnt worth their time
my debt was on a car i returned rather than have them repo...chase bank is who i had the loan with...chase sent the balance due after they sold it at auction..chase sent the balance to a collector..said collector sent me a letter this past March 15th...i didn't respond to it and i have not gotten any other letters from them or even 1 phone call....since it is now July should i still be concerned about this debt? The vehicle was sold off to auction and i was sent the bill for the balance...from what i have seen on my credit karma account the car has gone up in value..which is weird..not even sure that its relevant...but i was told by another attorney on here to just not respond to the letter and wait and see...i asked what i would owe and he said they usually settle in the 40 ish % range on the balance owed..but just wait and see if they even pursue it...if i do get a call or whatever...start negotiating down...i dont know...any advise?
We had the same thing happen to us. After they sent the letter, we never heard anything more from them, it's been over 3 years now. We are both on SS now, so I'm not going to worry about it. If they write any more letters, I'll just write them a letter stating that we are not working & our only source of income now is SS. They did take the vehicle, we did try to reason with them & they said they wanted the full amount. After that is when the letter came telling about it being auctioned off & that we still owed money to them. We haven't heard from them since.
I live in Houston Texas and I just received the letter by person. I can’t pay my debt because I lost my job due to Covid 19 and till this day I am still jobless. How can I even payoff a debt?
Learn your rights. It will set you free. So sorry to hear of your troubles. If it's anything like UK, no-one gives a damn unless you have Co-V.
You will still owe the debt forever. BUT!! File that response to the court. I see your post is two months old so I hope you at least mailed a response to the Court. I used solosuit to make a response. It's free to just make a response and print out and send yourself
I just received a citation from our local justice of the peace in Texas. It’s from LVMN but no amount is stated that I owe on this paper from the clerk. Nor a lawyer or address. An account number is all with a generic verbiage that I’m being sued and I have x amount of days to file an answer. I have no idea what credit card company is suing me nor for what amount of money. Do I just ask the court for more clarification before writing an answer? I’m so lost. Please help.
I would contact the court and ask them for a complete copy of the Complaint. They should be willing to email or fax you a copy. Then draft your Answer. I have an in-line tutorial that does a detailed explanation on how to draft the Answer. You can access it here - consumer-warrior-project.thinkific.com/courses/answer
@@Consumer_Warrior Thank you. I have been watching your videos since Saturday. I am so overwhelmed it’s making me sick. I understand why people just give up or do nothing. However, I have to try and fight this or just flow with the currants even if it’s against me. Unfortunately, it has to be on my own as I can’t afford a lawyer.
@@Makeupnkiss you can do this! It seems complicated but once you learn the flow of the process and how bad their case is it can give you confidence. The most important step to give yourself a fighting chance is filing an Answer. If you don’t do that step the then the case is over. I put together several tutorials for people battling the debt buyers on their own. You can check them out here consumer-warrior-project.thinkific.com. Don’t quit!!
@@Makeupnkiss How did everything go in court?
If lvnv gets a judgement against me, would they be able to find out if I own crypto via tax returns or bank account?
How did this work out?
Will it work for me because the only income I have is SSDI and VA Disability
Hi, I’m in Texas and I just got a call from some Parker & Schultz mediator firm in Texas. They said they attempted to deliver a ‘Civil complaint’ on 2 occasions…. They are trying to collect a debt from 2008 of $8,000 - way beyond the statue of limitations in Texas .
I was a little baffled and stressed and I said well I need documentation. They then said they sent a ‘demand’ letter back in March (5 months ago)and I don’t remember getting that.
I asked them what do I need to do… and they said next they were going to serve me with a court date next .
I called back when I was a little more calm and asked them for their full name and address. I then was hung up in.
I think it might be a scam but I don’t want to be in legal trouble. Is there anything I need to do about this ‘cival complaint’ on the phone? I’m worried they will do some kind of default judgement or court date that I won’t know about and suddenly have money taken from my bank account.
Thank you!
Where is the statue of limitations in Texas? Can I visit it?
I'm being sued for 1600 but I'm not working and I have 3 days left to send in my answer....My husband is in the military and is the primary account holder on our bank account can they garnish his pay?....how do I go about contacting the credit card company to settle before this go to court?
Why happened? Because my daughter going thru this but she don’t have anything property or nothing she is 20
The internet is over saturated with Lawyers. Can you tell me a specific attorney to look for?
I am already going to Trial. I went to the first court date myself
If you are in Arizona please give a call at (480) 464-1111. If you are out of state I would recommend going to www.consumeradvocates.org . They have a feature where you can search for consumer attorneys in your state. Good luck!
@@Consumer_Warrior thank you very much!!!
Hi John, what if I can no longer pay on my credit card ($4500) which I had to use for bills, etc. I'm a 67 year old senior who just want to stop trying anymore. When you've worked all your life and situations like Covid19 comes along and you feel helpless and ignored by the Gov't and others, it makes me sad to be an American. We worked and built this Country big and strong but feel like we're not being noticed. We are living longer and need help to enjoy what's rightfully ours. Thank you
Valerie - Thank you for reaching out. If you can't pay any more the account will go into collections. After there has been no payment for 180 days they will charge off the debt. Depending on the creditor they will then either continue to try and collect on the debt or sell it to a junk debt buyer. Often they will end up filing a lawsuit. If they have a judgment they can garnish wages and bank accounts. If your income is exempt (like Social Security) they will not be able to garnish those funds. Good luck!
@@Consumer_Warrior Thank you for your quick response. It was very helpful
Hi John I had a debt collector validate my debt I live in the state of Arizona it’s not on my credit report on my credit report it’s states “paid in full” charge off do I have to pay the debt collector? None of the paperwork states I owe them money for an unsecured loan.
@@Consumer_WarriorThanks so much for your info. If they can't freeze your checking account if you have direct deposit social security in it, then what is the exemption claim form for? To me that says they are already did it even though it was social security and now you're trying to undo it with the exemption claim form.
If you have a 401k can they take it…
Basically I am in solvent because I have only Social Security but can't they put a lien on my home and property that I have a mortgage on
It sounds like you may be. You should check the exemption statutes in your state to confirm.
@@Consumer_Warrior thank you I will but a realtor told me that there is no homesteading allowed in the state of Delaware what does that mean I can't have chickens or I can't protect my home and property by putting a lien on it myself
Delaware Allows $125K exemption of home equity on judgement's or Bankruptcy. Homesteading is allowed, your realtor is an idiot.. www.assetprotectionplanners.com/planning/homestead-exemptions-by-state/
@@TheRusschannel thank you they are idiots and I just did the research on the homestead extension of 125000 thank you for the link I found it before you sent it or before I knew you sent it much appreciate but I don't have $125,000 equity in my home my home through a realtor idiots say my home it's only worth a hundred fifty thousand I owe 190 on it I hope I am not over using your services here I just need answers before I get started on what I need to do very much appreciated
I'm on SSDI and don't own anything. Live in Arizona. I'm also on workers comp. disability for life.
I’m getting calls and texts from 3 different debt collectors for the same debt. I’m a SAHM and had a little company and was using PayPal credit account that I can’t pay because my little business took a bad turn and I had to close it. My husband doesn’t make a lot of money and we have 4 kids. If they sue, what can I do?
You have three options if you get sued. (1) fight the lawsuit. (2) Settle the debt fir less than the amount owed. Or (3) file bankruptcy and eliminate the debt. In this video I discuss a fourth option of doing nothing in limited situations, but it sounds like you may need to consider one of the first three options.
Settle the debt for less than owed,this will screw up your credit score,but it's your best option..
@@olivertaylor8788 I wish I could but we don’t have a lot of extra finances. With me staying home to watch our 4 kids. This was my mistake though, I had a small business and then it yanked and I had to close it and was left with this to pay off but things don’t always go as planned.
@@Consumer_Warrior doesn’t it cost about as much as this debt to file for bankruptcy though? It says I owe $2100 but I don’t even have that so I also don’t have the finances to file for bankruptcy. I guess I could offer to give them $25 a month.
@@olivertaylor8788 also this particular debt is about 3 yrs old and not even on my credit report
What if you don't get a paycheck in your name trucking companys let you form a llc and they pay the llc
Depending on your state it may still be possible for them to garnish those funds. My recommendation is if you have regular non-exempt income that you either contest the lawsuit or work out a settlement. The "do nothing" strategy is only effective in limited circumstances.
@@Consumer_Warrior my Chase credit card was closed around March 2020. Closing amount was $16.5k and the final charge-off amount was $18k. In September I got a from from a collector reducing my debt by one-third, but I did not know if they were legit so I ignored the letter. Then in December I got a letter from an attorney saying I would be sued. Today (February 26) I got a call saying someone has to serve me a subpoena. I hung up because he wouldn’t say what it was about. I am guessing Chase is suing me. I lost my job due to covid last year. I get unemployment benefits but it’s way less than the median household income in California. I am planning to file for Chapter 7. What would you suggest I do?
a telecom phone company believes I owe their $530. will they sue me?
Hi John! Can they touch any money that is in my bank account where my SSDI check is direct deposited? I own nothing.
Great question. SSDI money is exempt under federal law. However, if you commingle/mix your SSDI income with income from other sources (like employment) you run the risk of making your SSDI money non-exempt. The reason is that by commingling the SSDI income with other types of income, the court is unsure what income is exempt and what income is not.
@@Consumer_Warrior Thank you for responding.
I receive SSDI and alimony. They are both direct deposits in to the same account. The SSDI is direct deposited from Social Security, however the alimony is directed deposited from Zelle. I do not work and haven’t for 11 years and the only thing I own is my dog. Should I not put my alimony in the same bank as my SSDI?
@@Consumer_Warrior What about VA disability
Can't they attach your paycheck?
Yes. If a creditor has sued you they can garnish your paycheck. There are s handful of states that don’t allow it, but generally if they have a judgment they can garnish your pay.
@@Consumer_Warrior is NC one?
Is GA one of those states
I'm helping an elderly couple at this time. My neighbors who have been like family. I advised them to ignore this judgment they found out was filed back in 2008. They only have social security and live in their son's house. The debt collector/attorneys thought they owned their own house and threatened to put a lien on it. Jokes on them since the house belongs to their son. Just because a person who owns the house has last name I'm thinking.
You can keep 2 months of SS and Government retirement funds in you bank account. State of California garnished by bank account. The Banks will "LOOK BACK" on you deposits and protect the total amount of your last 2 Government checks. Oh , The Bank sent me a letter with the notice that they paid 0 Dollars..Just do not keep any funds over the 2 months of Government funds..SS and/or retirement.
What if you don't have a job? I lost my job in March 2020. I got papers today saying I am being sued by Midland Credit management for Credit One. I dont have a contract with Midland, I've never talked to them. Midland openned a collections account in Oct 2020 (it's on my credit karma). Why do I need to do this reply so I don't have the judgement by default?
If you don’t have assets they may not be able to collect in the judgment, however they can still try and collect, they may just not be successful.
They can touch your SS income if you have student loans.
If you owe federal student loans or tax debt your social security can be off-set/garnished.
It worked for me. I walked away from $250,000 debt, scot free.
$250,000?
@@wb3213 Yes. The total, comprised of several accounts.
When they sued you what you do?
@@Yahawadahhh they never sued. It happened when the real estate bubble collapsed in 2008. I got lucky.
@@daviddixon2209 what did u do ??
I just want to stop paying my credit cards but I can't prove that my balances on the credit cards are not accurate cuz I can't go through the thousands of sheets of papers that the dispute Department send you or if you ask for your previous statements they're out of order in small print and some months are missing I can't go through all them papers to prove that I do not owe the balance is that they claim oh my God I'm renting
Can they take my computer which i use for work? Then ill be unemployed and cant pay them anything lol
Can you go to jail though for not showing up to Court?
no
So, will they harass for 10 yrs and then start all over again? That alone could stress someone out enough to kill them!
Is my husband responsible for wife’s medical bills
Maybe. It depends on whether you are in a community property state or not.
Can they come after your husband..if you don’t have anything
For more specific questions, feel free to join my community. I am on there frequently and can answer the question very directly.
consumer-warrior-project.thinkific.com/users/sign_in/?redirect_to=/communities/Q29tbXVuaXR5LTI4MDMy&error=Please%20sign%20in%20to%20continue
Also, if they can't serve you then the do nothing strategy works as well
Stupid advice. What if you want to RENT or BUY something? Lol. But, this is how OJ Simpson got out of paying that money-judgement that’s against him (retirement account, pension, social security).
In the video I discuss that the "do nothing" strategy is only a good option in limited circumstances.
Teaching leeches how to suck more blood. Don’t blame you for it bro but a lot of these people want to rep what they didn’t sow
Time for predatory borrowers to eat the predatory lenders.