fattyz

Execution

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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

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I think you should be alright if it is only going to take a week or so. And if you file your bk within the next 90 days, the judgment creditor will have to return the monies to the estate anyway.

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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

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1) MA is not a community property state. That means creditors cannot take property that is only in your spouses name. They can however take property that is in both of your names. You also cannot transfer property into your spouses name after the judgment to hid assets. The courts frown on that.

2) You will not be arrested simply because you owe money. There are no debtors prisons in the USA anymore. The only way you can be arrested is if you do not fill out a financial disclosure statement when requested by the plaintiff or do not attend a financial disclosure deposition. Do that, be honest, and you should be fine.

3) Look into the MA Bankruptcy exemptions because most of the time, the judgment exemptions are the same. If you are judgment proof, then BK is useless because they cannot take anything anyways. From what I see, they may do wage garnishment and could take the car IF it is worth more than $750 after sale and paying off any loans. As for account seizure, they would have to jump through many hoops as you are allowed certain money for food, utilities, and general deposits. You could also go to a cash only basis leaving only a certain amount of money in the bank account. As for the house, they will not try that because you are entitled to $100,000 after the mortgage is paid off before they see a penny.

Finally, if you are really ready to file BK (and consider it carefully), use that as a negotiating tactic. Tell them that if your boss gets a garnishment order or your bank gets a seizure order, the next piece of paper they will see is a Ch 7 and then they get nothing AND have to return anything they got within the past 90 days.

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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

Edited by fattyz
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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

If it were me, I would hide everything until I filed. Lol

Seriously though, call and find out how much time you have. And I wouldn't wait a week to see a bk attorney. I'd be there tomorrow! But that depends on how much you're going to lose.

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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

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If the judgment was just decided yesterday then don't worry because it will take 2 - 3 months before they go the financial disclosure route. They first cannot do anything because they have to wait for the appeal period to run out. This usually ranges between 20 and 30 days and they cannot do anything during that time.

Once that is done, they will look over your credit report and use Lexus Nexus to find out where you bank, where you work, and whether there are any assets such as a car or house under your name. They will go after those first if there is any value to doing so. They really want wages and local bank accounts first because those are easy to scarf up. They may go after the car but only if the auction value (usually the value the dealer will give you for trade in which is less than what you could sell it for yourself) + the exemption for MA ($750) + repo and storage and auction fees + any auto loans would not eat up the value to the point where it is not worth it. They probably do not want the house unless you have more than $100,000 in equity in it based on a sheriff (foreclosure) sale.

The 2nd step will take about a 30 - 60 days. Finally, if they cannot find any assets through their own means, they will then do a financial report/deposition. That is about 50 - 90 days out and by then, you will have filed BK.

Don't let fear be your guide. Fear means that you need to learn about what is going on because it is the lack of knowledge that is driving your fear.

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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

Edited by fattyz
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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

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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

Judgments don't have a SOL. they last for many years (different in all states) and can be renewed.

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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!

Edited by fattyz
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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

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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

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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

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 I have yet to see why bankruptcy is seen as 'the last resort' and fighting through the courts a better option.  

 

Why is fighting a better option? How much reading have you done on this site? 

 

Fighting is the only option, I feel. If you are unsuccessful, you can file BK. Why not try? 

 

I have kids and I have preached since they have been able to speak that effort is everything. Every great person you have ever admired or considered a hero has one thing in common. They all fought hard for something that everyone has told them can't be done. They never quit. I love a fighter and am proud to be one!

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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

let me know how that works outt.

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MA post judgment asset exemptions

Homestead: Real property up to $500,000. Co-owners cannot double. Property held as tenancy by entirety exempt against debt of only one spouse.

Pensions and Retirement Benefits: Funds exempt for ERISA-qualified retirement benefits, public employees' plans and savings bank employees' plans. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. For IRAs, contributions made within the last five years are exempt only to the extent that the contributions did not exceed 7% of the individual's income over the five-year period. Roth IRAs and regular IRAs up to $1,095,000 per person.

Insurance: Fraternal benefit society benefits. Life or endowment policy proceeds or cash value. Group annuity policy or proceeds. Life insurance policy if beneficiary is married woman or cannot be used to pay beneficiary's creditors. Group life insurance policy. Disability benefits up to $400 per week.

Personal Property: Bank deposits up to $125. Books to $200 total. Sewing machine up to $200. Cash for fuel, heat, water or light up to $75 per month. Clothing. Cash up to $200 per month for rent. Co-op shares up to $100. Furniture up to $3,000. Motor vehicle up to $700. Trust company bank deposits up to $500. Burial places and church pew.

Tools of Trade: Tools, implements and fixtures up to $500. Stock up to $500. Fishing gear used in debtor's business up to $500.

Miscellaneous: Business partnership property.

Wages: Earned but unpaid wages up to $125 per week.

Public Benefits: Veteran's benefits. Workers' compensation. Unemployment compensation. AFDC. Aid to aged and disabled.

Wild Card: None.

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