Collections Law/Judgement

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Expert: Creditwrench - 9/3/2009


Question
I receieved a judgement entry for an old credit card for roughly $5000.00.  I make payments on one car and my wife owns another.  I have no assets, no property.  I rent and I have 2 children.  My personal property amounts to a T.V. and some bicycles.

What is the worst I can expect.  I want to file bankrupcy as I have extensive defaulted cards and a forclosed home.

Ya its bad.

Answer

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You want to file bankruptcy? Why? That is almost as bad as being tied to a stake and beaten half to death. There is a much better alternative to bankruptcy but like most things that are alternatives it takes learning and a willingness to stand up and fight back. Why should you fight back? Because in the collection and court process your rights have been violated and you have most likely been denied due process of law in the process. So what is going to happen next? What is the worst you can expect? There is a laundry list of things that can be done to you. Your bank account(s) can be frozen and all the money seized. You can have your wages garnished if you work at a job. If you have personal property it can be seized as well. So instead of filing bankruptcy why not start learning what you can do about keeping all those bad things from happening to you. The first thing is protecting your cash from seizure. That is simple to do. Just don't put any money in the account and don't use the account for anything. Use postal money orders instead to pay your bills or pay them in cash. If your employer pays you by direct deposit then tell him you want to stop that and get paper checks. Cash them somewhere other than at your bank. If you get paid from a bank local to you then simply go to that bank to cash your pay checks. Next problem is garnishment of your wages. That can be prevented too but telling you how to do that is beyond the scope of what I can tell you here. You would have to contact me personally to find out about that. You also need to know whether or not you live in a community property state. That can be important to your wife as well because if you live in a community property state they can come after her too. Next, you need to get busy and learn how they violated your rights under the law and how to do something about that. If you do, you can end up getting paid handsomely instead of thinking about bankruptcy. Make them pay you to go away and leave them alone instead of the other way around. Learn how to turn the tables on them by taking them to federal court for their violations. It isn't the least bit hard to do. Just takes determination and learning.

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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