Charge Offs & Unable To Pay Debts

[Marsden]

Thanks again! What is a process server?  Never heard of that term.  I guess I need to check the public records to see if any judgments have been placed against me.  My main concern is that anything could be collected uppm should the house be sold(even though I don't legally own it).  My neighbor told me that a Sheriff's vehicle was in the driveway about two weeks ago...which allows me to be concerned about papers that were to be delivered.  Maybe I'm just "paranoid"...I have never experienced this before and want to make sure that I have everything covered.  I am the person that you "can't get blood from a stone"...should I still be concerned?  

------------------------- Followup To - I truly appreciate your prompt response.  I'll try not to worry about it.  I have sent the law firm a certified letter(even though you said not to waste the five bucks) to stop all communication to me.  I used a recommended form from a consumer website.  If these people were to sue me, I assume that any paperwork would be delivered by the Sheriff's department.  Is that correct?  I am probably down the "worry" path, but if I am served with papers, should I accept them or not?  Again, thank you very much for your help. P.S.  I investigated the "Creditor" and the Law Firm that sent me the letter and they are referred to as phrases like "sleaze bag scum, cons, etc". ------------------------- Followup To - I am not able to pay my unsecured credit card debts.  I have not made any payments for 6 months now and am unemployed.  I do not own the home I live in with my husband...he is the sole owner.  I do own a car.  I have received a letter from a law firm representing the "Creditor".  The letter makes reference to the "Original Creditor", which is a different name than the "Creditor".  I know that the Original Creditor has charged off the debt already.  I am inclined to believe that the Creditor has bought the Original Creditor's charge off.  Do you think that is the case?  The letter makes reference that if I ignore this matter, they will refer my account to their client(the "Creditor") for a decision and they regret having to take this step but my failure to pay this bill may leave them with no other option.  There is no way now or anytime in the future that I will be able to payoff this debt.  If they should decide to sue me to collect the debt and a judgment is awarded by the Court in their favor, do you think a lien be filed against me?  And if so, would that ever be able to be collected upon if my husband's house(which I live in) is ever sold?  I was contemplating on calling them and asking them to cease any contact with me since I cannot pay this debt.  One more question, how would I be considered "judgment proof?"  I thank you in advance for your response to my situation and questions.  I look forward to hearing from you as soon as possible...time is of the essence.

[Adar]

- I am not able to pay my unsecured credit card debts. I have not made any payments for 6 months now and am unemployed. I do not own the home I live in with my husband...he is the sole owner. I do own a car. I have received a letter from a law firm representing the "Creditor". The letter makes reference to the "Original Creditor", which is a different name than the "Creditor". I know that the Original Creditor has charged off the debt already. I am inclined to believe that the Creditor has bought the Original Creditor's charge off. Do you think that is the case? Yes -  there is no doubt about that.

The letter makes reference that if I ignore this matter, they will refer my account to their client(the "Creditor") for a decision and they regret having to take this step but my failure to pay this bill may leave them with no other option. This is typical bluster of a bill collection attorney.  Chances are that they have already done what they are going to do in terms of a negative entry on your credit report, etc., and given that  the attorney is barking instead of biting(i.e., bringing a law suit), it is unlikely that they will sue.  To them, it would be good money after bad.

There is no way now or anytime in the future that I will be able to payoff this debt. If they should decide to sue me to collect the debt and a judgment is awarded by the Court in their favor, do you think a lien be filed against me?

If there is a court judgment it will automatically be recorded as a judicial lien.   And if so, would that ever be able to be collected upon if my husband's house(which I live in) is ever sold? Not usually, based on the limited information that you have given.  

I was contemplating on calling them and asking them to cease any contact with me since I cannot pay this debt. If you send a letter to them and put the words “Notice under Fair Credit Reporting Act” and then TELL them not to contact you again, they will not contact you again.   They might sue you, but if they were going to do that, they probably would have already.    Chances are what will happen is that that bill collector will sell the account to another bill collector and you go through the process again.  No big deal -  keep a copy of the letter you send -  Aside from getting them to stop contacting you, if they violate the notice you are setting them up to counter-sue them if they violate the Fair Credit Reporting Act.  

One more question, how would I be considered "judgment proof?" This goes back to what we were talking about above.  If you have no real assets that they can attach and if you are unemployed or otherwise not susceptible to being garnished, you are effectively “judgment proof”.  That term is not a strictly legal term, it is just slang for the idea that it is impossible to get  blood out of a stone(from the collectors point of view).

I suspect that this will take care of your present situation -  depending on other issues that you don't state in your question, it is possible that you might want to consider getting a complete fresh start by filing a bankruptcy -   but as for this present issue, don't worry so much -  just send the letter to them, keep a copy(don't even waste the five dollars on certified mail) -  and you won't hear from them again.  If you have any more questions, it might be easier to talk on the phone or contact me via email     [email protected]

[Domo]

Terry there is no telling.  That sheriff could have been trying to serve you -  Call them if you want to see.  Cal the civil warrants section of the sheriff's office to set your mind at ease.  Send me your number if you want me to call you if you want to file a bankruptcy just be done with the whole thing -  and not have to worry about getting sued, etc.  My email is [email protected]   I will not charge you just to talk on the phone.  

[Alai]

- truly appreciate your prompt response. I'll try not to worry about it. I have sent the law firm a certified letter(even though you said not to waste the five bucks) to stop all communication to me. I used a recommended form from a consumer website. If these people were to sue me, I assume that any paperwork would be delivered by the Sheriff's department. Is that correct? Not necessarilyl.  More often than not, it is more efficient to use a private process server, either that or you could get certified mail.    Plus, it i possible that the process server will just lie and say they served you when they didn't and you end up getting a default judgment against you without you even knowing.   This happens all the time and there isn';t a whole lot yuou can do about it  your word against theirs as to whether you were served or not.

I am probably down the "worry" path, but if I am served with papers, should I accept them or not? You don't have a choice.  They see you and they leave the papers or leave them with somebody in the house or whatever,   you are served.  sometimes they ask you to sign to eliminate all doubt, but it is absolutely not necessary to obtain a signature.

If you get sued, and you probably won't, let me know and I can show you how to take care of the lawsuit relatively easily and with a minimum of expense.   Send me an email at the email I said before with your number and I can call you if you want.

Again, thank you very much for your help. P.S. I investigated the "Creditor" and the Law Firm that sent me the letter and they are referred to as phrases like "sleaze bag scum, cons, etc". -------------------------