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QUESTION: I purchased a camper for my sister (mistake, I know) that she and my brother-in-law were making the payments on. They failed to retain insurance and it burned leaving about a $21K balance. The bank asked for immediate payment on the loan and would not accept any further payments. We do not have the balance and since they refused to take payments, it is currently ruining my credit. I have gotten notices from lawyers soliciting that mention a judgment. I have not been served or had any real notificiations otherwise. In the meantime, the bank has offered us an immediate settlement of $11k. I am a homeschool mom with no income and my husband refuses to pay for my sister's debt. What will a judgment do to me and what is the process? Also, my brother-in-law says that if they get a judgement, nothing happens and the bank gets paid somehow. I thought that the bank would put a lien on my home (I am on the deed but not the loan) for the full amount if we don't settle. Is that true, or can that happen? Pleasse help.
ANSWER: Well, will your husband pay for helping in your defense to keep from having to pay for your sister's mistakes? If so then maybe I can help you. The cost would be under $1000 spread out over time, maybe as much as 6 months to a year depending on how things go.
Nothing happens and the bank gets paid somehow???? Yeah, that just might be. Somehow depending on what state you live in and other things which I don't have enough information yet to tell you how that might happen. But whoever is on the judgment will be the one doing the paying.
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QUESTION: The state is GA. If you help us, does that involve bankruptcy? It seems that your fee is $1000? Fees for what particular services? Would a judgment go against our home?
No, I don't charrge $1000. I only charge $500 but in order to win you may have to take them to federal court and if we have to do that then that would eat up the rest of the $1000 but if that does become necessary it won't happen for at least 6 months or more as a guess. The filing fee in your district court could be either $350 or $400. Each federal district court sets it's own fees.
No, it does not involve bankruptcy. If a judgment is entered against you in local court it would come off when you win in federal court.
They couldn't make you sell or give up your home anyway over a civil court judgment.
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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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