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?'s concerning bank freezes, assets, and wage garnishing


bayoubilly
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I am in the process of fighting a JDB with the help of the mighty search function here but if I do happen to lose I want to be ready. I have a few questions that should be easy to answer.

1 - I have a joint bank account with my wife as of now. Can they take money out of the account even though her name is on it and most of the money is hers? If I take my name off of the account, can they still take money out of her account?

2 - We have 5 cars that are paid for but only one is in my name. If I lose, I plan on either putting the car in her name or selling it to my brother and still driving it. Can they go after cars that are in her name only?

3 - I work at home on Ebay and get paid either through Paypal or straight cash. Is there any way for them to get a hold of this money?

4 - How long do Judgements last?

Thanks alot guys! I dont really own anything and I rent my home. I work at home and if I have no bank account in my name, no cars, and no home what can they do?

Also, Ga is not a community property state.

I must have read through hundreds of threads before actually needing to join and ask a ? Great site.

Edited by bayoubilly
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I am in the process of fighting a JDB with the help of the mighty search function here but if I do happen to lose I want to be ready. I have a few questions that should be easy to answer.

1 - I have a joint bank account with my wife as of now. Can they take money out of the account even though her name is on it and most of the money is hers? If I take my name off of the account, can they still take money out of her account?

2 - We have 4 cars that are paid for but only one is in my name. If I lose, I plan on either putting the car in her name or selling it to my brother and still driving it. Can they go after cars that are in her name only?

3 - I work at home on Ebay and get paid either through Paypal or straight cash. Is there any way for them to get a hold of this money?

4 - How long do Judgements last?

Thanks alot guys! I dont really own anything and I rent my home. I work at home and if I have no bank account in my name, no cars, and no home what can they do?

Also, Ga is not a community property state.

I must have read through hundreds of threads before actually needing to join and ask a ? Great site.

i dont know about your state laws, but you may check to see something about " if it was used for "the martial community" there might be something in place just for that reason, so one couldnt just "hide" stuff in a spouses name to advoid judgment/garnishments, speak with a atty about what your options are.

Debt and Bankruptcy Laws -- Georgia

WAGE GARNISHMENTS: Federal law applies

MAXIMUM INTEREST RATE: Legal: 7% Judgment: 12%

Commercial Accounts: 18%

STATUTE OF LIMITATIONS ON ENFORCEMENT:

Open Account (credit cards): 4 years

Written Contract: 6 years

Domestic Judgment: 7 years

Foreign Judgment: 5 years

Judegment can NOT be renewed

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Not 100% sure what you mean by going through the courts but yes I am fighting the JDB and filing everything with the clerk of the court. I have sent them my response to summons and my discovery questions for them. I have answered their discovery and I am making them prove they have the authority to collect. They still havent provided me with a copy of my signature and they most recently stated they arent required to keep the original contract for more than 25 months??. They objected to most all of my discovery ?'s. The just filed motion for summary judgement. They have provided random account atatements with my name, address, account number, some random affidavit thats says he personally appeared before the attesting officer and is familiar with the records, and they have showed chain of custody for the account. They have never mentioned any court date. I am thinking I might need to set mo own court date but first I am currently researching how to oppose their motion for summary judgement.

But incase I lose I want to make sure they dont take my wifes stuff. She was just in a terrible motorcycle accident and will be recieving a settlement. This is her money and it would be terrible if they could get a hold of it.

Heres the breakdown and if anyone can answer these by number for me I would greatly appreciate it.

Together we have 5 cars

#1 car is old and not worth much. Maybe $1,000. It is titled in my dads name.

#2 car is so old (40 years) it didnt have a title when I bought it and doesnt have one now, its not required. It is registered in my Mothers name. It is worth about 20,000 and is a classic show car. It has great sentimental value because my Father and I restored it together. Tons of hours in this car thats why Im worried.

#3 car is titled in my wifes name. It is also a custom car that I have tons of hours into. Something thats hard to replace. Thats why Im worried for this one.

#4 car is the family car and is titled in my wifes name. Worth about $10,000-$12,000

#5 car is the only one titled in my name and is 41 years old. I also have alot of work into this car so far but am in the process of restoring it.

Im 99.9% sure they cant do anything about car #1 and 2 because my name is no where to be found on them. As for car #3 and 4, Georgia is not a community propert state so Im pretty sure they cant take the cars because they are in my wifes name but this is where I need help. Car #5 I plan on doing something about if they get judgement on me.

We will be afraid to put her settlement money in the bank even if she opens a new bank account with just her name on it so this is also where I need help.

Thanks everyone.

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Ballpark the amount of money they are trying to get.

You want to question in court the person who signed the affidavit. How can this person have firsthand knowledge of the account if he is not an employee of the original creditor? That affidavit is simply a regurgitation of the JDBs records, which is pretty much meaningless. How can they have shown chain of custody if you haven't had a court date and gone through discovery?

Since when do contracts only have to be kept for 25 months?

Edited by AISLE4
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The amount they are sueing for around $11,000

It says the affidavit is an authorized agent of the plaintiff. The Plaintiff is Hobe Financial corp. Th OC is Chase bank.

There is no court date but we have gone through discovery. The chain of custody shows Chase Bank to Dodeka,LLC, Dodeka to Forward properties International, Forward Properties to Bus Stop Financial, and Finally Bus Stop Financial to Hobe Financial corp.

The Hobe Financial bill of sale is the only one that shows the amount they bought it for at a whopping $40,000!!

So in order to ? the affidavit I must set my own court date or wait on them to do it?

Im afraid the judge will somehow rule in their favor and get judgement on me based on the little info and heresay witness they have. Thanks guys.

How long do I have to respond to the motion for summary judgement? It does not give a time limit like all the other papers I have recieved.

Edited by bayoubilly
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^I'd amend that post to be a bit less specific about dollar amounts and other details. A ballpark figure would be fine just to determine how tenacious the plaintiff will be. That's a decent amount of money. Did they offer a settlement before starting down the legal path? What's the statute of limitations in Georgia?

This account has gone through many hands. They don't want to see the inside of a courtroom. How old is this account? When did it go delinquent? It has been sold and resold and resold, which works in your favor if you know what you're doing. Is there a reason you don't have a lawyer?

Money in a PayPal account is safe from judgments in practice (the bank account is not in your name) but in theory some might argue the other side persuasively. I assume you access it with a paypal debit card and don't access it through a transfer to a bank account with your name on it?

Sent you a private message.

Edited by AISLE4
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the didnt offer a settlement that I know of. The SOL is 4 years in Ga and its not quite past it. They claim in their motion for summary judgement that its 6 years. The account was charged off in 2006. I dont have a lawyer because I couldnt afford it but I thought about getting a free consultation.

I am going to get a Paypal card soon but I have been putting it in my bank account. I wont be doing that anymore though. Im going to take a few safeguard steps today. Thanks for the help AISLE4 and everyone.

I didnt get a PM from you though?

Also, I have not been able to find anything about Hobe Financial Corp. Where can I find info on them?

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the didnt offer a settlement that I know of. The SOL is 4 years in Ga and its not quite past it. They claim in their motion for summary judgement that its 6 years. The account was charged off in 2006. I dont have a lawyer because I couldnt afford it but I thought about getting a free consultation.

I am going to get a Paypal card soon but I have been putting it in my bank account. I wont be doing that anymore though. Im going to take a few safeguard steps today. Thanks for the help AISLE4 and everyone.

I didnt get a PM from you though?

Also, I have not been able to find anything about Hobe Financial Corp. Where can I find info on them?

What sort of debt is it, CC? The SOL may be 6 years. What does the original agreement say about applicable law?

If Hobe are suing you their details should be on the summons. What does it say for Plaintiff?

Edited by newryman
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Its a credit card.

Under Plaintiff it says HOBE FINANCIAL CORP assignee of Chase Bank USA.

Oh and I just found out that judgement can be renewed in the state of Ga. I called the courthouse. This means if they win it could be hanging over me forever. This is starting to make bankruptcy look like a good option for me esp. if they win.

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