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How to handle litigation threats?


Randall948
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So Im "strategically" defaulting prior to settlement as Ive mentioned in other threads. Only 30-ish days past due so so far I have been dealing with very polite OC's.. I am aware though that this will not last forever (assuming I cant setle them all) and eventually the courtesy level will decline as I deal with CA's, then lawyers then possibly JDBs and their lawyers. Im sure that the threat of litigation will eventually come up as they really dont have much other recourse.

So my situation re: litigation is this.

Job: Yes but no wage garnishments allowed in my state (SC)

No real property

Very low asset level. Little if any beyond my states exemptions for vehicle/personal property/wild card exemption.

I am not keeping any money in any bank accts. As soon as I get paid I am cleaning out my bank acct each 2 weeks.

So Im essentially "Judgment proof" as long as I dont let down my guard.

If I tell them this when they bring it up is it likely to reduce their chance of suing, or would they view it as a threat and be quicker to sue? If they do an Accuring or Lexis search they will be able to confirm some of this if they bother so they might know Im not bluffing.

I cant decide if saying nothing will show weakness and thus hasten a lawsuit or letting them know im not shaking in my booties about a lawsuit will antagonize them into doing just that.

Opinions? Thanks in advance.

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So Im "strategically" defaulting prior to settlement as Ive mentioned in other threads. Only 30-ish days past due so so far I have been dealing with very polite OC's.. I am aware though that this will not last forever (assuming I cant setle them all) and eventually the courtesy level will decline as I deal with CA's, then lawyers then possibly JDBs and their lawyers. Im sure that the threat of litigation will eventually come up as they really dont have much other recourse.

So my situation re: litigation is this.

Job: Yes but no wage garnishments allowed in my state (SC)

No real property

Very low asset level. Little if any beyond my states exemptions for vehicle/personal property/wild card exemption.

I am not keeping any money in any bank accts. As soon as I get paid I am cleaning out my bank acct each 2 weeks.

So Im essentially "Judgment proof" as long as I dont let down my guard.

If I tell them this when they bring it up is it likely to reduce their chance of suing, or would they view it as a threat and be quicker to sue? If they do an Accuring or Lexis search they will be able to confirm some of this if they bother so they might know Im not bluffing.

I cant decide if saying nothing will show weakness and thus hasten a lawsuit or letting them know im not shaking in my booties about a lawsuit will antagonize them into doing just that.

Opinions? Thanks in advance.

my opinion is to always present the facts (as you have stated) in a non-confrontational manner...

i've laid it all out on the table, when dealing with creditors...in a calm demeanor. i haven't had any problems so far (dealing with original creditors).

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  • 2 weeks later...
I think you have a while yet before litigation.

Oh I most certainly agree. I just dont like being caught flat-footed when the threats start. And they WILL start, just not sure if it will be the OC that threatens or their bully boys.

FIA has filed suit quite a bit in the past year and a half. And BOA is by far my largest creditor.

So being proactive :)

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