marimacha Posted October 19, 2011 Report Share Posted October 19, 2011 I lost my case. I was steam rolled by the judge and lawyer. Non of my objections or affirmative defenses held up. The judge just facerolled me.Judgement was entered against me and I waited. Now I have received a letter from the attorney's office stating that I must attend a meeting in their offices and bring a bunch of materials(IRS filings, bank accts and assets) with me. If I don't attend the meeting then they will seek a clerk's office subpoena to compel me. I literally have nothing to give them. I can choose to call it in as I am disabled but do I really have to attend this meeting? What type of penalty can be imposed on me if I just disregard this? Why should I make their job easier by lighting the fire under my own feet?Any insight will be well appreciated.Thanks!!! Link to comment Share on other sites More sharing options...
1stStep Posted October 19, 2011 Report Share Posted October 19, 2011 The subpoena compels your appearance...if you fail to appear, the court could put out a warrant for your arrest.Look into an appeal, or in the alternative, get onto SSI - which is untouchable. Link to comment Share on other sites More sharing options...
marimacha Posted October 19, 2011 Author Report Share Posted October 19, 2011 I was on SSI years ago when I first became disabled and had to go through a ton of rehab. That small check gets old fast. My earnings now barely pay the bills but are still better than SSI.Thanks for the reply Link to comment Share on other sites More sharing options...
Oceanic Flight 815 Posted October 19, 2011 Report Share Posted October 19, 2011 How much do you owe?Are there any other people that might sue you down the road? Link to comment Share on other sites More sharing options...
marimacha Posted October 19, 2011 Author Report Share Posted October 19, 2011 There are indeed others that could pop up here in there.My ex's old debt.I am considering BK but I have back tax issues that are yet unresolved or I would be done with this whole mess. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 19, 2011 Report Share Posted October 19, 2011 Show up. Can't bring what you don't have. I'm sure your the worst of the worst recorder keepers. I know I am for sure. Carry a recorder in your pocket. The FDCPA still applies. This is part of collecting the debt. It is just now collecting on the judgement. They are still 3rd party collectors. I can't even imagine the lies and threats you could get on tape now they have a judgment. If you throw in a questions that will lead them down the violation road, I'm sure they be more than happy to travel that road. It's simple never over. Link to comment Share on other sites More sharing options...
marimacha Posted October 19, 2011 Author Report Share Posted October 19, 2011 I am a horrible record keeper thus my IRS issues.Phoning it in might lead to possible future dates. Link to comment Share on other sites More sharing options...
debtfighter Posted October 19, 2011 Report Share Posted October 19, 2011 I am a horrible record keeper thus my IRS issues.Phoning it in might lead to possible future dates.Despite popular opinion, taxes may be bankrupt also. Certainly, depending on the type of IRS tax, such as, a payroll deducted tax of a company may not be bankrupted, but most all other taxes can be, especially, penalties and interest.You may want to research it further. Link to comment Share on other sites More sharing options...
marimacha Posted October 19, 2011 Author Report Share Posted October 19, 2011 I realize IRS taxes most likely can't be dropped via BK. I am filing BK to stop JDB's. Link to comment Share on other sites More sharing options...
debtfighter Posted October 19, 2011 Report Share Posted October 19, 2011 I said that because most taxes can be BK. Link to comment Share on other sites More sharing options...
debtfighter Posted October 19, 2011 Report Share Posted October 19, 2011 Even for the taxes which are excluded from BK the penalties and interest on that can be bk as well. Link to comment Share on other sites More sharing options...
marimacha Posted October 19, 2011 Author Report Share Posted October 19, 2011 Wow, I did not know that. Thanks for the info. I guess it's time for me to at the least talk to a BK attorney if not a tax attorney. I rather pay them the money which I will have to pay in the end anyway instead of this JDB. Link to comment Share on other sites More sharing options...
KentWA Posted October 20, 2011 Report Share Posted October 20, 2011 Look into what is exempt in your state. If you are fully exempt then there is a little trick that keep you from having to attend. We did this with my son who got a default 4 years ago and last month they had a post judgement proceediing to find assets. He provided a declaration and had it notirized that he had no real estate, the year and make of his car and its estimated resale value which was below the exemption amount, that he had no checking account soley in his name. Then he provided the existing child support garnishment order which was above the max percentage for a judgement garnishment.He included a letter to the attorney that since he provided everything he was allowed to look into at the debtors exam and he was allowed to claim travel expenses from them, the lawyer would have to pay for him to come AND he would motion the court for sanctions if they did not quash the supenia (including a draft copy of a motion). They did so real fast and I imagine they will not come back to him again.If you are judgemnet proof, then you may want to try this. Link to comment Share on other sites More sharing options...
lheart Posted October 20, 2011 Report Share Posted October 20, 2011 Carry a recorder in your pocket. The FDCPA still applies. This is part of collecting the debt. It is just now collecting on the judgement. They are still 3rd party collectors. .Disclose that you are recording the proceedings. Recording in person is covered by different laws than recording a phone conversation. If not disclosed, not only may it become in admissible evidence, you may be guilty of a crime. Or get an attorney's advise on surreptitiously recording in person in your jurisdiction. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 20, 2011 Report Share Posted October 20, 2011 If not disclosed, not only may it become in admissible evidence, you may be guilty of a crime.100% correct.However, I'll take that chance anyday of the week and not think twice about it. The last person I have heard of getting nailed (which actually nothing happened) was Linda Tripp. That was in the 90's and she was trying to help take help take down a highly popular President of The United States. She was being a sneaky bitch double crossing one of her friends and her motives were as unpure as you get. I'll roll the dice all day long that if I attend a meeting where I have to disclose all my finances, I'm disabled, and a creditor is trying to take what little I have and the lawyer violates my rights, on tape, I'll be okay. Big banks and creditors trying to take what little people have, are not exactly what prosecutors are looking to protect. I'll take that chance just the same as I do when I put my glock 9MM under my car seat. If I'm changing a flat on the side of the road and a car full of thugs pull up to rob me, I'm fine being tried by 12 rather than carried by 6. With that said, to the OP, it is correct what I recommended might be a violation of the law. You need to check, if you care. Link to comment Share on other sites More sharing options...
usagi555 Posted October 20, 2011 Report Share Posted October 20, 2011 Disclose that you are recording the proceedings. Recording in person is covered by different laws than recording a phone conversation. If not disclosed, not only may it become in admissible evidence, you may be guilty of a crime. Or get an attorney's advise on surreptitiously recording in person in your jurisdiction.That depends on what state you're in. It can also get dicey when dealing with phone calls where the other person is out of state. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 20, 2011 Report Share Posted October 20, 2011 That depends on what state you're in. It can also get dicey when dealing with phone calls where the other person is out of state.Actually it's just the same as for recording calls as far as state law is concerned. Federal Law is this:Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. I live is a one party consent state, but that is not the reason I record. I'd do it no matter what state I lived in. There would be attorneys lined up to take the case pro bono if the highly unlikley ever happened and a prosecutor wanted to prosecute a citizen for recording the conversation they were having with a bank, junk debt buyer, or collection agency. Can you imagine the backlash if you got recorded federal law violations (FDCPA) on tape and then a prosecutor stepped in to take up for a junk debt buyer or collection agency that just violated the law and harassed a consumer. Talk about political suscide !!I can just see it. Yes your rights were violated and everybody in the world knows that the creditor would deny what they said except for the fact you have it recorded. Now were going to prosecute you for recording the conversation even though it shows federal law violations by the creditor. You should have just bent over and taken it. Yeah, I'll take that chance anytime. Link to comment Share on other sites More sharing options...
legaleagle Posted October 22, 2011 Report Share Posted October 22, 2011 Disclose that you are recording the proceedings. Recording in person is covered by different laws than recording a phone conversation. If not disclosed, not only may it become in admissible evidence, you may be guilty of a crime. Or get an attorney's advise on surreptitiously recording in person in your jurisdiction.Just looked it up, it's legal in AZ as long as one party to the coversation knows about the recording. Just make sure you're both in AZ! Link to comment Share on other sites More sharing options...
Xcalibar Posted October 22, 2011 Report Share Posted October 22, 2011 Judgement was entered against me and I waited....Now I have received a letter from the attorney's office stating that I must attend a meeting in their offices and bring a bunch of materials(IRS filings, bank accts and assets) with me. If I don't attend the meeting then they will seek a clerk's office subpoena to compel me. Any insight will be well appreciated.Thanks!!!In addressing your initial question...The attorney has no POWER to compel you to attend any meeting and I would advise that you not attend...Let them get a Court Order to compel you to attend and then any violation of your rights will be a Court issue and since they compelled you to participate, they cannot say that any issues that may develop are not within their jurisdiction.With a Court Order, the location of the inquiry into your finances will probably be at the Court House as opposed to the Lawyers Offices.Make them spend some money, their is absolutely no benefit to you "voluntarily" assisting the Plaintiff.Well, that is my 2 cents.. Link to comment Share on other sites More sharing options...
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