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Everything posted by fattyz

  1. Still did not file BK. Final outcome? It's over for me. (unless I don't understand this again but I have a pretty good idea I do) The hardest part is trying to figure out what's true and what is opinion. After wading through the court on my 4 or 7 cases, I don't remember due to a sort of stress management technique that involved some medication I was using a little too much, acting as my own attorney and meetings and discovery and sheriffs and all that **** and it is **** believe me. I have 2 judgement against me, one for 1200 and one for 14k. If I had been a little more on the ball, I would've won the 14k one at trial using the info here. I just didn't pull it together enough. It happened just exactly like it's detailed here, and they did not have enough legally to win the case. I just was not a good enough lawyer and the judge was prejudiced towards his buddy the officer of the court. (scummer lawyer) They are not bothering me except I show up in court a couple times a year. I am solid as far as assets being seized, at least until they sell the judgement and maybe a new scum bag will get after me but my BK attorney is paid and in my corner just in case. I have no credit, but I've been living on cash for about 7 years. I have no fear of wage garnishment (that would be unpleasant) and though I have probably 150k outstanding bad debt, it is all beyond the SOL in my state and I can not to the best of my knowledge be dragged into court anymore. The judge is glad of that because he was sick of my act. Probably a 200k or so brought down to 15k in judgments and I paid out 5k or so to settle out of court on my cases and it's over. Bottom line, depending on your state file BK. For 2k I could've saved myself all that time aggravation and money not to mention the degradation of having to go into that court house which is like the **** hole of the world. The people that run it and the perps. Who the hell wants to go into an environment like that? Judge treats you like a deadbeat and tries to win for the obviously not doing very well lawyer before the case even starts. Screw that. I have yet to see why bankruptcy is seen as 'the last resort' and fighting through the courts a better option. But I guess it's individual. Good luck again I'll pop in from time to time! FattyZ
  2. You know I was thinking the other night most of the debt I accumulated was from one bad business decision rather than a lifestyle above my means or being stupid with credit. That being said it all happened in 05. So I looked up to SOL for my state and guess what? Most of the 175k or so left on my credit report is out of SOL or going out soon. So, why should I file for BK? They want to put me in a 13, with a payment plan which unless i'm mistaken will cost me and put my credit in the toilet for another 7 years. No one is after me right now, I have 2 judgments, 1 for 14k and 1 for 1400. I recently started collecting SSDI which I believe is exempt from my judgment creditors. I have no other money anyone could ever come across. Why should I walk into court and say I have this, this and that? Any thoughts? Yours, FattyZ
  3. So, I skipped my court appointment again and viola, no one bothered to contact me. Why? Because it's all about money. If the scum bag debt collector thought he could recover (more likely double) his money meaning the 500 bucks he'd have to pay the sheriff barney fife to pick me up, sure, you bet they'd take me out of here in handcuffs. But since barney fife is not really the law and its not really an arrest warrant and its not a criminal court and the fake lawyers that show up at the fony court are the on the lowest rung of their profession and they are not very likely to get any ROI in my case, I think I'm not very concerned. They know how powerless they are and they know you dont know. They know you think you're being summoned to "court" about "a legal matter." and you think "Law and order." hahahahahah. I wish you a good attorney to expain this. I found one here in my state. Most of the horror stories your reading online are written by lawyers in the debt collection buisness of keeping you dumb and scared. The info here is good. You can win in court but, you may find like in my case the judge is biased against you. You'll get treated like scum by the scum you'll be dealing with and why everyone thinks bankruptcy is so bad, well, I don't really know. Good luck all FattyZ
  4. I walked out of that courthouse yesterday and all they did was drop off another summons. They didn't even knock.
  5. I was right, God I'm USELESS in the morning. The date was actually next Thursday. All they do is drop off those papers.
  6. I want to add a PS to this thread so maybe someone can get something out of my experience. I got a bankruptcy attorney I really like and I wish I had done so 7 years ago. The time aggravation and money I spent doing this were not worth it considering I could have just paid the 2k and forgotten the whole thing. He talked to me quite a bit b4 I even paid him and gave me a bunch of good advice. I was really worried when I got the execution, but I was worried for nothing. No one ever came here looking for me. I even parked my truck a block over for awhile because i thought a sherriff would come here. Last thing i did was skip a court date, Judgement creditor wanted financials. Today I had a date because the sherrif sent me a capias. My lawyer told me to ignore it. The bankruptcy filing is almost done. I know a guy that got picked up once for doing what I did today. It was months later and he got a traffic stop and the cops took him in in cuffs to answer why he had not shown up at court. They had his address, and no one ever showed up at his house to pick him up or ask him why he hadn't shown up. So can they pick me up? Yes. Will they? I doubt it. If they do I'm willing as this is almost all behind me at this point and I want to push it as much as possible because I think they have a lot less power than I gave them credit (ha ha) for. In this particular instance it's the court that's after me and has not much to do with the debt collector. I'll tell you if anyone comes looking for me or i get a traffic stop and have to go with the police and leave my car on the side of the road. EDIT **** Sorry, I talked to that guy I mentioned and he had walked out of a courthouse after signing in for jury duty and they issue a felony warrant. BIG difference!
  7. I've met with one BR attorney and spoke with another and have an appointment. Both said "no such thing as SOL on these debts, never heard of it) I have read over and over re SOL on debt on this forum, whats up with that? FattyZ
  8. I made a few phone calls. We have no real property The bank accounts revolve and are only used for cash in, cash out. The car is the only thing I really have that I'm concerned about and the inconvenience. Given this, which I told them from the beginning, perhaps they have to wait to do their own due diligence before accepting a reasonable settlement, which right now, they will not. I found the car and bank accounts (no real property being in our possession) are the only things at risk. According to my sources, if the car is not in the driveway, and they can not locate it easily, they'll probably not be very diligent in their pursuit. Then wage garnishment which I assume must meet some financial criteria. A small amount on a weekly basis. Not worth a hell of a lot. Once they find out what I told them in the beginning, there is nothing to seize, perhaps they'll accept a reasonable amount. I'm more than happy to make a lump sum payment of 20 - 25%. Seems a lot easier to me. They are waiting to see if they can scare me enough to pay more. The only other thing I can think of is this "obligation" is an asset currently on their books. Knowing if or not its worth anything is irrelevant from an accounting point of view since they own it. Get enough of them and you could be worth 100 million on paper in spite of the fact you'll never see any of the money. Ain't America great? FattyZ
  9. It's complicated and I do not know the law re bankruptcy. I am going to contact them today and try to arrange a settlement or payoff. I had to wait one more day. The car is as hidden as I can get it. Anything else, how can they take things without proving they belong to me, and how can they do that? Won't I have to fill out a financial disclosure? FattyZ
  10. thanks for the great info. Yes, the car is my biggest concern, we have no house and any liquid assets were transferred years ago. The bankruptcy is a real possibility because I hope to have some kind of assets sometime, and as you know, the judgment will never go away. I don't know however where exactly we stand in terms of filing and I will have to see probably three attorneys for free consults because I don't know or trust any of them, nor am I convinced bankruptcy is a be all end all solution. There are also more than one or two more of these floating around out there. I don't want to continue to be sued over and over. I've done five cases. Like I said somewhere else, the judge is tired of me and my act, though if I had gotten my stuff together better, I should not have lost this case, but he is biased against me in terms of what constitutes evidence and so forth. As an aside, we have seen bank account seizure in Ma. in a relatives case, they can do it. I should know some more by the end of the day and I'll post the results. FattyZ
  11. Thanks I have a guy calling them with me tomorrow. He's like a professional negotiator and although we don't have much leverage, if anyone can get them to settle, this guy can. I'll post my results. (in the meantime the thing i'm most worried about is my car, and I know there are limitations on taking it but, the execution is pretty drastic. It basically says take anything. I'm sure they'd rather have cash but everyone is pretty desperate right now. PS anyone know the Ma laws about repo of cars and so on, and if your spouse has assets in her name alone are they subject? Thanks again FattyZ
  12. Hi a debt collector has a judgment against me and the dishonorable judge so and so gave them an execution which I got in the mail today. I called the court and asked if I was entitled to a hearing as to my ability to repay. She said no, you have to call them and now they have that execution they can basically do anything they want to you. I assume the worst, car repo, bank account seizure, wage garnishments and they'll probably get an arrest warrant pretty soon. (all assuming I don't respond) Of course I'll respond, but they have no reason to negotiate with me now. We are getting our stuff together to go see a bankruptcy attorney, but it'll take a week or so. Any ideas how to protect myself from "the officers of the court" while I pull my stuff together? Thanks, FattyZ
  13. Yes, I have really put it off but now will most likely do it. I have been living without credit for about 5-6 years and though I lost a chance to interview for a job, it's really not that bad. We use bank cards or charge up credit cards and we rented a great house. The landlords took a chance on us but now they know us and asked us to stay greatly reducing the rent to keep us. (bad credit is not a sure sign your bad people) FattyZ
  14. Actually my record is pretty good, My first case, small claims against discover I lost since the lawyer "saw me coming" and had me sign a judgment which i did owing to not knowing what it was at the time. That case is still on payment review, so I have to show up at court once every six months and say I can't pay. It's a pain since I missed once and could have gotten arrested if I had not closely watched the mail, they almost issued a warrant for me. I settled 2 cases with Discover for 50% on each, they were the OC in both cases and they took the money and left out the debt collector who had been hauling me into court on both cases for a year. The last one before this was with a JDB and I settled for 2k the day of the trial on a 12k account. So I learned a lot here and did fairly well but I won't bore you with all the other stuff I have going on lets just say it would be a relief not to have to be doing this anymore and I KNOW there are at least 2 or three more of these in the works. I think most of the high dollar ones are over but I could be looking at about another 20k in cases in front of the same judge. FattyZ
  15. It was a trial and the judge entered a judgment against me. Not only that but he is already sick of my act since this is the fourth time i have appeared before him in one of these things and he more or less advised me off the cuff that my real option for getting rid of all this is bankruptcy. Any further actions against me are only going to put me in front of him again and I am afraid the precedent has probably been set in this case. I have been advised like everyone else that bankruptcy is the final alternative and it has consequences that can be less than desirable. I can't see at this point how having it on my credit could possibly look any worse than what is already there. I really have nothing, except one car, that's worth anything and a job that only produces a marginal income. I can not however get anyone to refer a bankruptcy attorney, no surprise there! FattyZ
  16. Yes and actually i sort of wish I had 5 years ago when this started and I'd be on my way back now oh well. Especially since i am fairly sure i can get qualified for a chapter 7. I am going to look into it because I am not going to put up with wage garnishments and that flack. You know trying to pay the bastards is a waste of time because they are so thoroughly dishonest. The credit card companies are nice guys compared to these "fiends." I appreciate your post and if you have any feelings on bankruptcy please post them! I'll be reading in the post judgment forum. M
  17. Maybe the appeals court, I did not find much today but it is 180 bucks to file with the appeals court in my state if I read that right..... FattyZ
  18. Ok they got a judgment entered in Ma for 15k plus. This is the seventh day since it was entered, I got notified by mail today. I admit I was not prepared and just stood there saying "this is all hearsay". Well, their lawyer had the cookie cutter case (he was more nervous than I was) and overcame my hearsay objection by citing 1 instance of case law. I expected to get some of that info with the judge's decision, but I did not. How or why the decision was reached is something I am evidently not allowed to be advised of? None of this is in the judgment form I got or how or how long I have to file and how and where, ie, the civil court? The appellate court! Any help appreciated. FattyZ
  19. Hi I got a judgment entered in Ma for 15k plus. I admit I was not prepared and just stood there saying "this is all hearsay". Well, their lawyer had the cookie cutter case (he was more nervous than I was) and overcame my hearsay objection by 1 citing of case law. None of this is in the judgment form I got or how or how long I have to file and how and where, ie, the civil court? The appellate court! Any help appreciated. FattyZ
  20. That's great thanks, I'd like to get things cleaned up but, If I freeze my report and have to wait three more years till the sol goes by on everything (i had perfect credit and made a bad business deal so it was all in one year) then I could go to work on getting everything deleted. That's new info, I'll be here reading this while I await the judges decision on my last case and get ready to file my appeal. I'm trying to get the situation nailed down, see what accounts I have to worry about, which ones I can do something about getting off the report and which ones I can stop the CA's from dragging me into court with. I've gone through the courts on 5 accounts so far and I am trying to read my credit reports and understand them. Thanks so much I love Creditinfocenter! M
  21. Hi I'm new over here but not to the site, I spend all my time in Legal. My question is can I act pre emptively and challenge the rest of the stuff on my report that I could get sued for in the hopes the information is no longer available with the OC. This would put an end to them dragging me into court as there are not that many things left (im working on reading my reports thanks to this site THANKS AGAIN AS ALWAYS ) If so I'm going to start the letter campaign with the highest dollar amounts first and work through the list. I have no idea if any of the entries are probable deletions or fall into a category that makes them a better choice to attempt removal. I plan to do a few a week and not file bankruptcy unless I find out the mortgage entries are not SOL and they can still come after me for them. (I believe they are and were eliminated when the house got sold twice) Thanks FattyZ
  22. I wish i'd a red this last night b4 my trial to day! Well, I'll get em on appeal! BTW I was not at all nervous to day at my trial and the first few times I sweat bullets. Their attorney was as nervous as I or more and if he was telling the truth, he was Force Recon! FattyZ
  23. Just got out of court, trial took about an hour, same judge as the pre-trial stuff. The attorney for the plaintiff had his t's crossed and i's dotted. He did a lengthy presentation which included the testimony of an expert 'witness' I wasn't expecting that. exhibit a bill of sale b affidavit of sale c assignment of and waiver of notice of transfer of accounts d affidavit of indebtedness and assignment e primary applicant info (purported to show account origination complete with a telemarketers id or employee ##) f - w dated statements of account (original) x copy of my transunion report showing the account actually existed (at least I got a free copy of my credit report) The rest is up to the judge who took it under advisement. I tried hard to say it was all hearsay but as during pre-trial I don't think he bought it. The judge had a conversation with the attorney during the trial regarding a citation of case law, insinuating said case law took care of the hearsay objection I kept trying to raise. ( I was furiously taking notes, trying to think of what to say, and I did not get the citations, I hope the judge references them in his decision) The only other real notable thing was as I understood it the contract exists by accepting and using the CC giving the attorney the right to refer to and cite a contract you never saw, since you initiated the account over the phone. (they sent them to us in the mail i'm sure) So the contract exists but is not needed to prove you owe the money, you use the card, you subject yourself to the agreement. (that's how I understood it) I'll post the judges entire decision when I get it. I'll appeal if needed of course. FattyZ
  24. Hi all, does Kristy not take calls anymore? I am considering Lexingington law, though the guy really gave me a hard sell just now which I did not like. I want to get some direction going and get this mess cleaned up and stop waiting to get sued on each of them. Please let me know if she still offers counseling. Thanks FattyZ
  25. If I don't find out I usually call admin and she sets me up. It's been well worth it. You don't always get the answer on the board but, you can read and read and read all the threads you think apply as well. Time consuming, but you learn a lot. FattyZ Now I also need to research the quickest way to get enough credit to get some kind of mortgage, bankruptcy or trying to clean up my credit file. Like I said I can't really read it and I know there is about 20k(estimate) still floating around out there. We are going to need housing within a year and I was already denied employment due to my credit being such a mess.
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