Civil suit questions

[93LXHORSE]

What part of Mexico?

Monterrey

[jyro]

lol, blunt, as always

Exactly. He is great for his audience who are, generally speaking, a bunch of unsophisticated hillbilly stumpfucks.

good job

[2011GT]

Just to be clear, I understand completely how to build credit, repair credit, and how to use credit properly. Now I'm gonna get educated on how to keep predatory law firms from trying to kick me when I'm getting on my feet again.

I believe all you have to do us to tell them to stop calling.

[93LXHORSE]

I believe all you have to do us to tell them to stop calling.

Oh I'm not too worried about them calling. They told me I'd be receiving a court summons soon. I am trying to determine if it's a bluff. Believe me I'd like to tell them to fuck right off, mate.

[davbrucas]

If they're telling you they are going to sue you then it's likely a bluff. You'd already be served if not.

[93LXHORSE]

If they're telling you they are going to sue you then it's likely a bluff. You'd already be served if not.

That's the deal..... I was reading on the various sites that if you DO wind up in court and have a judgement against you, then of course it sticks. And, the attorney I mentioned IS an attorney who specializes in exactly this area, and they are threatening me via mail and phone.... and furthermore told me it's already in the works.

Like I said, I tried to make arrangements to pay them a monthly amount, but since it's not the 457.00 they wanted, they pretty much blew me off.

So after looking at the number of attorneys listed out there who are willing to sue the company who's threatening to sue me.... I wonder if it's worth spending the money there, to keep the judgement off of me.

You know... I am trying to do the right thing here, but part of me just wants to tell them all to fuck off and leave me alone whilst I scape together a living and get my shit together. Or just ignore them all.

[GeorgeG.]

Attorney's name is Scott, Parnell & Associates. Found a ton of info on them, mostly links for attorneys who will help you sue them when THEY sue you.......

They are a law firm that sues people on behalf of creditors, in my case FIA card services, AKA Bank of America.

I'm looking into it more.

Looks like these people use to be the offices of Michael J Scott.... they're not bluffing. Keep an eye out because they'll send some random guy in shorts and a tshirt to serve you.

[black2002ls]

Sueing them and being successful I think is a very fine line. I would keep an eye on the local court dockets for your name and go on the defensive if it happens. I ended up with a settlement, which upset me a bit after I learned that the lady who handled my case was new to tje firm I chose and had a history of working on the collections side of things.

Is the date of last activity closer to 3 years or 4 years.

[2011GT]

Is bankruptcy an option? I would probably only file after you get sued for your debt (if you get sued)

I've never been in your shoes so I don't know the right answer. My friend however partied a little to hard in college and racked up over 20k in credit card debt. He eventually paid to file bankruptcy.

[2011GT]

Every time they call you tell them your willing to pay x amount every month. Every time they say no just hang up. They'll get the message.

['90Vert]

If you don't have the money - let them sue you. Then what..... nothing.

In Texas they can not garnish wages. It is almost impossible to collect on a judgement in Texas. If you own a home they can file a lien against it, but it expires in 9 years. Your credit is probably already shit - so a judgment isn't going to hurt it much.

If you have any money available to you - you could offer the original lender around 1/3 of the amount owed as a one time payment in full. They know that something is better then nothing and frequently take it.

Advice above to read Dave Ramsey "Total Money Makeover" is good advice.

[davbrucas]

LoL...you dont need Dave Ramsey. You need self control and a modicum of intelligence. But, everyone gets in a bind at some point. It's how big of a hole you get in before you stop digging is what separates people.

[Gear_Jammer]

In Texas they can not garnish wages. It is almost impossible to collect on a judgement in Texas. If you own a home they can file a lien against it, but it expires in 9 years.

You are partially correct about garnishment. A creditor cannot garnish your wages directly from your employer; however, they can garnish your bank account as soon as your wages are deposited. Chapter 42 of the Texas Property Code contains the personal property exemptions and they are rather debtor-friendly. Any judgment is impossible to collect if the debtor doesn't have any non-exempt assets - that's just common sense. Having said that, I beg to differ with you on the how difficult it is to collect a judgment in Texas. Any and all non-exempt assets are subject to seizure and sale in payment of a judgment and you would be surprised how easy it is if the attorney knows what they are doing. Lastly, an Abstract of Judgment (a/k/a "judgment lien") is good for 10 years, not 9, and can be revived and refiled afterward.

[mstng86]

so what you're saying is, set up a new account at another bank every now and then

['90Vert]

You are partially correct about garnishment. A creditor cannot garnish your wages directly from your employer; however, they can garnish your bank account as soon as your wages are deposited. Chapter 42 of the Texas Property Code contains the personal property exemptions and they are rather debtor-friendly. Any judgment is impossible to collect if the debtor doesn't have any non-exempt assets - that's just common sense. Having said that, I beg to differ with you on the how difficult it is to collect a judgment in Texas. Any and all non-exempt assets are subject to seizure and sale in payment of a judgment and you would be surprised how easy it is if the attorney knows what they are doing. Lastly, an Abstract of Judgment (a/k/a "judgment lien") is good for 10 years, not 9, and can be revived and refiled afterward.

Correct in facts - but not in applications... Yes - they can seize assists from a bank account with a judges orders. You are notified beforehand that this is happening. 99.9% of the time the account gets closed before a seizure happens.

Non-Exempt assists is a key term. Broke people generally have 0 assists that are not exempt. exempt assets include one car and one truck, any tool required toward creating your income, most common furniture, kitchen items, toys, and ...... the list is long and includes almost anything of value a broke person may own. Guns/weapons might be the only exception -but good luck proving they belong to the person being collected against and not their friend/cousin/etc.

9 or 10 years - the lien must be renewed during year 9. At 10 years it is expired and can't be renewed.

If you believe it is easy to collect on Judgments in Texas let me know through pm - I'd gladly pay you 75% of any of mine you can collect on.

When the debtor has assists collection is a different story - people with money generally don't get evicted (my uncollected debts) or have unpaid credit cards.