Hollywood

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About Hollywood

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    Kentucky
  1. I live in Kentucky and am faced with a situation I'm desperately trying to clean up once and for all to move on with my life. I recently had good news on an older debt from a Junk Debt Buyer where my case was dismissed with prejudice and no longer have to worry about that. But unfortunately I've had a gray cloud over my head for years, since the start of 2011 with a summary judgment from Discover that I attempted to fight pro se, but lost unfortunately, even though I thought I had a good defense. The amount totaled a little over 4,000, but since then with interest and fees I'm sure it's well over 7,000 currently. In the four years since then, the only attempt they've made to collect I've been aware of is a little over two years ago when I worked for a retailer they attempted to garnish my wages. I made so little, that nothing was garnished, and I just ended a nearly two year stint at another employer where I was able to save a little bit and was never contacted, nor my wages attempted to be garnished. I've constantly kept my assets in prepaid cards, which is a headache in itself, and would like at some point to live a normal life with a normal bank and get out of this mess. But at the same time, I don't want to wake a sleeping giant and draw attention to myself for them to come after me. If I could settle at a fraction, say $1,000, I would most likely do so, and have sent the info along to the attorney who helped me pro bono get the junk debt buyer case dismissed. Are there any options I could attempt to get out from under this without arousing attention to come after me? I'm afraid if I start opening lines of communications, it will be a red flag for them to try to find something to come after me for. Is it even possible something along the lines of a motion to vacate judgment could be possible? One issue I did notice in this, was this suit was filed in Circuit Court, which according to the Kentucky Courts site today only has jurisdiction for civil matters involving more than $5,000. The suit was for less than this amount, although I'm not certain this limit was the same at the time of the original suit. According to the Kentucky courts site, civil cases involving $5,000 or less should have been contested in District court. Would this be possible grounds to vacate judgment? Also i'm assuming at this point the arbitration defense in the link below that worked so well would be out of the question at this point: http://www.creditinfocenter.com/community/topic/326150-sued-by-discover-in-ky-summons-contains-no-evidence/?hl=kentucky Any advice is appreciated, I really want to get out from under this while I have the chance to do so instead of being haunted by it for the rest of my life. Thanks!
  2. I lost a judgement to Discover about two years ago for around $4,000 plus attorney fees, and nothing has ever come of it. I think I got one letter after the summary judgement asking to contact them to negotiate, and once last year saying you can use your tax refunds to negotiate a payment, and that's been it. No other contact. In the meantime, I've basically kept my bank account as low as possible, only putting money in to pay electronic transfers on my car insurance and stuff. I've been recently saving money though, and am collecting a nice pile of paychecks that I have yet to deposit or cash for fear that at some point they could place a levy on my bank account and take it. I've also been sued by a junk debt buyer in the meantime over a different debt, and have seriously been considering declaring bankruptcy. My question is, is there any safe alternatives for me to keep my money safe from levies besides storing cash? Which also isn't safe, since someone could rob me and I would be out of everything. I'm not sure the exact method in which someone who wins a judgment gets a levy. Do they just ask a bank if someone with my name has a bank account with them, the bank gives them the info, and then they place a levy on the account? I've heard of prepaid debit cards as a good alternative, but couldn't they do the same exact thing with one of these as well? I've read the only state in the US where bank levies are illegal is Delaware, so I wonder if I could safely open an out of state account and deposit money there. If anyone has any advice, it would be appreciated. I've been pretty much tortured and anxious over all this lately ('ve been up all night actually), because I'm finally starting to turn things around and save some money, but feel like I'm trapped because of this judgment and don't want to lose my entire savings from work. Thanks for the help.
  3. Just wondering which arguments you scaled out since I read a lot of advising of what to cut out.
  4. Hey kyfire - any chance you could paste your entire case docs, mainly the final opposition motion? I'm back with a complaint again, two years after I lost one against Discover, because I couldn't present material fact and never really understood that aspect of it though. This time though, it's not the original creditor, its a junk debt buyer, and I think I could raise similar responses since I live in Kentucky. I went through a lot of stuff before, but I think I'm better prepared this time around, and less nervous actually, since I lost my Discover suit two years ago they haven't tried any lien on any accounts (which I keep mostly empty anyway) or pay deductions or whatever. Last time I just wanted to get it over with and was so stressed out, now I don't care as much, and just want to give them as much hell as possible.
  5. Thanks for the info. What I was referring to though is I think I was basically told that the exemption for wild card is only a bankruptcy exemption, not a seizure exemption. I need some clarification on that, so a consultation would be good for that (if the lawyer isn't a stiff about giving me info without me paying.) I'm good on all points of bankruptcy, easily qualify, and even qualify for the fee waiver too most likely, so I could file it without cost. I guess my next step is to talk with people, write down questions to ask, and get clarification. And see if the Legal Aid Society here which helps people at no cost can give me a little info.
  6. Thanks for all the help guys, live and learn I guess. I'm trying not to freak out, its just not good being in the dark about things and wonder what could happen. The judgment was for $4,000 plus the 12% post interest and all that junk.
  7. Yeah I discussed this when I went to a bankruptcy seminar a few months ago with the person running it. I brought this exemption up when it came to seizures and she didn't know the answer, then in a couple days ago I got back to her and she told me after talking to one of their collections lawyers that the state of Kentucky doesn't have a wildcard exemption for seizure. So I have no idea what this means. It sounds ridiculous that the way it sounds, if the law is enforced to a T, you're not even allowed to own food to eat! I mean, if they can take anything from you at any time that isn't an exemption of some clothing, a chap car, and other stuff, thats ridiculous.
  8. Well I don't think I have anything worth a crap, but there are some things I wouldn't want them to take. Like my computer. It's two years old and I built it myself and it isn't cutting edge or anything even at the time I built it, and wouldn't sell for much of anything the way it is and it definitely cost more to try to seize and sell than they would ever get back, but it worries me I could use it, since its what I use to talk to people since I have Skype on it as well and it has all my info and all that stuff. And my monitor is a good 6, 7 years old. Overall, not worth very much, probably wouldn't even be a positive net gain if they did a seizure and auction for it minus the fees they would pay having to do that, but it worries me not knowing what they could do.
  9. Thanks, I think I'll get a consultation or two this week just to understand the process. There's no way I can afford to file bankruptcy through a lawyer, but I guess it wouldn't hurt to get explained the process of what they may do next.
  10. Figures. Just got the letter that the court granted the Plaintiff's motion for summary judgment. I was sued last year by Discover Bank and tried to fight it, but they give the judgment because apparently I have no affirmative evidence for a factual defense against the motion for summary judgment. Great. I guess I screwed up, I never found anything about what a factual defense is and the fact I would have to provide evidence, but I guess that's why these lawyers make money. I don't even get a day in court. I don't know what I'll do now, I guess declare bankruptcy. I don't know what they'll try to do, but I'm unemployed and don't have anything of value really, no car, nothing that would sell, but I hope they don't try to seize the few possessions I have somehow. Just really angry and confused right now, I have no idea what is going to happen and no idea how to get any help, I can't afford a lawyer, I don't know what procedure will happen next, nothing.
  11. Well it was something the opposing lawyer sent to the clerk and me. I'm guessing its just a request for a decision, I'm not sure.
  12. It is titled" Notice of Submission of Case for Final Adjudication" and it says "Pursuant to SCR 1.050(8), this is to notify the Administrative Office of the Courts that the above-styled case was submitted to Judge ____ on Nov 9, 2010. Explain nature of case and type of submission: Final Decision on a Civil Case. Then it just has the names and address of me, the attorney, and the judge and stuff after that.
  13. The Plaintiff filed MSJ a while back, I responded, and they replied back and nothing since today. Now I get a "Notice of Submission" request in the mail from the Plaintiff they sent to the clerk. Can someone explain what that is? I don't understand.
  14. Would something like this work? I'm just typing it up without fluff right now. Defendant objects to Plaintiff's Reply to Opposition for Judgment on the grounds that: 1. Plaintiff did not follow the Circuit Court Rules of Procedure in it's Reply to Opposition for Motion for Summary Judgment, in that a "reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point." Plaintiff's written reply doubled the length allowed by law with a 10 page written reply and should be thrown out in its entirety and stricken from the record. 2. Affidavit contained in Plaintiff's reply is inadmissible due to Hearsay, because the Affiant is not an employee of the Plaintiff, Discover Bank, and has no personal knowledge of whether advance notice was sent by the Plaintiff of this action as required in Plaintiff's own included Terms and Conditions. The Affiant is also not credible as an employee of Plaintiff's counsel as well, as the Defendant points towards the Defendant's Opposition Section V in which it is explained how Plaintiff's Counsel has blatantly lied in the the past in it's response to Defendant's Production of Documents in that it would supplement important documents to Defendant and it has failed to do so. The Plaintiff should have no issue providing this notice if it indeed exists instead of Hearsay from Plaintiff's Counsel claiming to have seen it in record keeping. Defendant adamantly denies that any advance notice was sent by Plaintiff or it's counsel of it's intention of this action, and Plaintiff was only originally informed of this action by the original service of the Complaint, breaking Plaintiff's own Terms and Conditions included in Complaint. WHEREFORE, Plaintiff's reply to Opposition for Summary Judgment should be thrown out in its entirety and stricken from the record. Defendant stands by the several legitimate disputes of material fact explained in Opposition that Plaintiff has not proven its prima facie case and is not entitled to Summary Judgment.
  15. The reply itself is 10 pages, with a 2 page "affidavit" from someone in their law firm stating they have in their records they sent me notice per their terms and conditions. I think I ticked him off with my opposition, as my opposition was fairly long (about 12 pages as well) so he went through trying to counter every single dispute of material fact I made.