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Question
In 2007 I was incarcerated for counts of dep. of fraud. And my bank reimbursed the money and know I am -$19554.00. I do not live at my old address and so I do not receive my mail. My mom received some mail for me and it is declaring the bank will take action for this. But the letter said 30 days and I received that letter after that 30 days.
When I was jailed i pleaded first offenders. And since I have no income and nothing for them to take a lein over, will I be imprisoned? Could they set up a payment plan? What should I expect? I'm scared but I have nothing!
And now I am receiving information about filing for bankruptcy. So what advise could you give me?
The fact of your prior incarceration is of no importance here and now.
All that matters now is that they are attempting to sue you and no, they can't put you back in jail for this debt. But if you have no income then how would you make a payment plan work? You can't afford bankruptcy either. You are getting those letters because lawyers who specialize in bankruptcy get lists of people who have had judgments filed on a constant basis. They use the lists to mail out their form letters hoping to snare in some suckers for their little game. Don't even think about that.
What advice can I give you? I would have to see the paperwork in the case they filed to try to give you any answers.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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