Being Sued By RGM & Associates

[horns]

Hi

My wife is being sued by RGM for an old MBNA debt that charged off 3 years ago so it is still in the SOL stage. It is for $8000. I know that if we dont go to court that we lose by default.

If that happens, then how does the court mandate that she pays? She doesnt work and the house and both vehicles are in my name as she doesnt have any assets

She is worried that she is "going to go to jail" . I know that is not true.

Also, if we appear and ask for documentation from the ahole attorney from the CA and he does not have it, then it would weigh in our favor, correct?

Also, I recommended that we call the collection agency and set up a payment plan and send those creeps 10 dollars a month, but I know that wont fly with them.

I cant even find any info on them (RGM & Associates) BEthel Park, Pa

Please help with my few questions.

Thanks

Horns (old member of the board)

[CarolinaBlueEyes]

Okay first of all debtors prison was abolished in 1833.. she cant NOT be arrested.. also in your state there is no garnishment... and since the house is in your name they cant do anything with that either.. the ONLY thing they can do AFTER they get a judgement is sieze a bank account with her name on it.. such as a joint account.. however if that is in yoru name they can not touch that either.

Courts for the most part do not mandate payments.. thats up to you and the creditor.. they simply rule for the judgement or not.. and then it goes from there..

You can try to set up a payment plan.. 10 bucks a month. your right NOT going to fly.. perhaps you can get a lawyer to negotate this for you.. some say you can do it but i found in both my cases a lawyer got the interest removed totally and got it down to half... so this may be an option

make sure the debt is yours, but you claim its within the SOL.. I am not sure what leg you have to stand on at this point. did you recieve a summons.. and did you reply?

[unusualsuspect]

If you have not been served, then I would not worry yet. Your wife at this point is "judgment proof" meaning that even if you lost, then there would be nothing to attach nor anything to garnish.

If you have been served, answer within the time frame you are given. If you can't afford a lawyer, try a paralegal to at least draft an answer. If you don't answer, they will win and get a default judgment.

[CarolinaBlueEyes]

If you have not been served, then I would not worry yet. Your wife at this point is "judgment proof" meaning that even if you lost, then there would be nothing to attach nor anything to garnish.

If you have been served, answer within the time frame you are given. If you can't afford a lawyer, try a paralegal to at least draft an answer. If you don't answer, they will win and get a default judgment.

she is not judgement proof if she shares a joint account which most spouses do.. if her name on an bank account that can freeze it and even drain that account so be aware of that.

[horns]

Thanks to all of you for your responses.

How would the scumbag collector get the bank account information?

Im sure they would inquire with the creditor about that from past payments, but what if she changed banks and got a new account then how would they be able todiscover that and do that legally?

Also, Im thinking about going to this and representing her. I would plan on asking the plaintiff attorney the following:

1. Do you the original signed contract with the original creditor showing the defendants signature?

2. What is the date of last activity on the account?

3. Do you have a statement from the original creditor showing the exact amount that was charged off?

Do you think I would have a good defense by going and asking thse questions?

[CarolinaBlueEyes]

Thanks to all of you for your responses.

How would the scumbag collector get the bank account information?

Im sure they would inquire with the creditor about that from past payments, but what if she changed banks and got a new account then how would they be able todiscover that and do that legally?

Also, Im thinking about going to this and representing her. I would plan on asking the plaintiff attorney the following:

1. Do you the original signed contract with the original creditor showing the defendants signature?

2. What is the date of last activity on the account?

3. Do you have a statement from the original creditor showing the exact amount that was charged off?

Do you think I would have a good defense by going and asking thse questions?

Finding a bank account is NOT hard.. creditors can do that very quickly.. no matter where she opened it and how different it was.. so no she can't hide for long. believe me.

be careful about representing yourself... especially in a case this large.. I can't speak for all but if you DONT have experience with this hire a lawyer.. one techincal screw up can work against you... in our area.,.. judges seem to hate it when the consumer shows... they like dealing with the lawyers.. I guess its more efficient.

[AISLE4]

But there are ways to make finding a bank account more difficult. If your bank is small and has not gone public and doesn't have 5000 branches across the country, it can be difficult to find your account. If it's not in the county or state where you live, so much the better.

[CarolinaBlueEyes]

But there are ways to make finding a bank account more difficult. If your bank is small and has not gone public and doesn't have 5000 branches across the country, it can be difficult to find your account. If it's not in the county or state where you live, so much the better.

true smaller banks are harder however I have recently found even if its in another county or state doesnt seem to matter anymore.. i have an open account in another state and they had no problem finding that one .. in fact I forgot about it. it had about 10 bucks in it and I opened it years ago... it may take them longer but rest assured she will always have to worry about the fact she wakes up one day and her account has been garnished.. sad but its just the reality of the situation

[MISHA228]

The wife sounds just like me. I don't work, our home and cars are in my husband's name. I spoke with an attorney who said because my bill was only $1,000 it's not worth the hassel of retaining a lawyer.

I am going to go to court by myself. Explain my limited income and try to settle.

But I wanted to know if they can sue in a different state than you live in or even accumulated the debt in?

[unusualsuspect]

Yes they can bring suit in another state, but the creditor has to prove that the court is the correct venue. If it's not-- then there are grounds dismiss it (ex. suit in FL for a debtor living & working in NY).

[unusualsuspect]

Thanks to all of you for your responses.

How would the scumbag collector get the bank account information?

Im sure they would inquire with the creditor about that from past payments, but what if she changed banks and got a new account then how would they be able todiscover that and do that legally?

Also, Im thinking about going to this and representing her. I would plan on asking the plaintiff attorney the following:

1. Do you the original signed contract with the original creditor showing the defendants signature?

2. What is the date of last activity on the account?

3. Do you have a statement from the original creditor showing the exact amount that was charged off?

Do you think I would have a good defense by going and asking thse questions?

Ask all of this in your answer to the suit. It's called Discovery. It may be a way out of the case, especially if they do not have all the documentation available.