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  And thanks for this, now I'm more depressed then ever.

:( 

 

Sorry, you know that wasn't my intent.  But you're here, you are researching, and you will soon have a path to fight (or at least delay), so keep your head up! 

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:(

 

Sorry, you know that wasn't my intent.  But you're here, you are researching, and you will soon have a path to fight (or at least delay), so keep your head up! 

I know. xsqueezex   This is very upsetting to me as I've never been in this position before.  My fault for falling for some AH.    This is a great site and all you guys are wonderful for helping.

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OK, here is the deal.

I do not know about California but in most states, a creditor with a judgement can garnish up to 10% of your paycheck (and possibly more). Does not matter if that means you cannot pay rent or other bills. If they law says they can take is, you can bet your sweet rear end that they will. They can also attach bank accounts and any other asset that you have to pay the debt. They can do this for up to 10 years and even longer if they renew.

Now, even if they are threatening to sue, that does not mean that they have done so. They have already received $700 and if you think you can hold them off by sending $100 each month, they try it. I am betting that they will not wait 7 years however, especially since the SOL is 4 years.

Now if you just decide not to pay and try to get some violations, that might work to your advantage. BK might or might now help you depending on income and other assets you have.

Speaking of which, if you have something to sell that can raise $2k - $3k, sell it and then offer them that. Creditors know that most deffciency balances do not get paid so they will deal.

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That's a very good idea, but in the meantime, they will continue to come after me through CA and lawsuits to attach my wages.  I don't see how ignoring them would work.      Hopefully, they realize they will get the full amount eventually if they just shut up and leave me alone.

 

As you can tell, I've never been through anything like this so am probly missing a lot of the picture.

 

They have no reason to give you a break. They see you as a person who will continue to pay them forever if they let you. When you stop paying they see you as a risk. Will we ever get this money? They could sue, yes, but most wait. Using the court costs them money and these guys always go after easy targets. After a year or so, after they have deemed you a risk, you can negotiate a settlement because they would rather get something than nothing. It is just how it works.

 

Ignoring them won't work forever, I agree (although many JDB's do wait too long and miss the SOL) but waiting short term is just good strategy sometimes.

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JDBs usually know when SOL is (but will deny in court).  JDBs also know how many cases they can sue on at any given time.  They pick the account they believe have the best chance of return at any given time.  Accounts slip past SOL all the time because the number of their capacity to sue is less than active accounts.  JDBs still sue on past-SOL accounts in hopes of a default judgment, which lots of people settle on rather than fight to vacate (which is hard to do if served, even if past-SOL).  You may or may not be sued before or after SOL, depending on the JDB's strategy. Exercising your legal rights often raises the risk factor and lowers the value of the account they are dunning you with.

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OK, here is the deal.

I do not know about California but in most states, a creditor with a judgement can garnish up to 10% of your paycheck (and possibly more). Does not matter if that means you cannot pay rent or other bills. If they law says they can take is, you can bet your sweet rear end that they will. They can also attach bank accounts and any other asset that you have to pay the debt. They can do this for up to 10 years and even longer if they renew.

Now, even if they are threatening to sue, that does not mean that they have done so. They have already received $700 and if you think you can hold them off by sending $100 each month, they try it. I am betting that they will not wait 7 years however, especially since the SOL is 4 years.

Now if you just decide not to pay and try to get some violations, that might work to your advantage. BK might or might now help you depending on income and other assets you have.

Speaking of which, if you have something to sell that can raise $2k - $3k, sell it and then offer them that. Creditors know that most deffciency balances do not get paid so they will deal.

Well, that's not good news.     If they try this and  will that cover the garnishment as well?  I have absolute NO assets.   Nothing to sell.

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They have no reason to give you a break. They see you as a person who will continue to pay them forever if they let you. When you stop paying they see you as a risk. Will we ever get this money? They could sue, yes, but most wait. Using the court costs them money and these guys always go after easy targets. After a year or so, after they have deemed you a risk, you can negotiate a settlement because they would rather get something than nothing. It is just how it works.

 

Ignoring them won't work forever, I agree (although many JDB's do wait too long and miss the SOL) but waiting short term is just good strategy sometimes.

This is interesting.    They have not sold the bill to a JDB yet.  They are a client of CA R A Assoc, to whom I sent a C&D letter.  I've heard nothing yet and will continue to pay OC until their next move.    I see no reason at this point to just stop paying.   That would put me in a bad position and give them all the more reason to sue.

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JDBs usually know when SOL is (but will deny in court).  JDBs also know how many cases they can sue on at any given time.  They pick the account they believe have the best chance of return at any given time.  Accounts slip past SOL all the time because the number of their capacity to sue is less than active accounts.  JDBs still sue on past-SOL accounts in hopes of a default judgment, which lots of people settle on rather than fight to vacate (which is hard to do if served, even if past-SOL).  You may or may not be sued before or after SOL, depending on the JDB's strategy. Exercising your legal rights often raises the risk factor and lowers the value of the account they are dunning you with.

Thanks for this, it's very appreciated.  

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The fact that you have been playing nice may not have any impact on regular court.  They question the court will face if you are sued is whether or not you owe the accelerated amount.  Your defense is whether you have been paying as agreed (to void the acceleration of the amount).  If $100 a month does not meet the agreement, then it does not avoid acceleration.

 

Your ability to pay is not an issue the courts address ... until it's BK court.  I would wish that were different, but in reality, that kind of issue cannot be addressed unless the court is in a position to address (and have jurisdiction over) ALL of your debts (BK and its appeals track does) at once.

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Thanks for the clarification.   Previously in my posts, I stated that I started sending them $100 payments which they have accepted without resistance, clarification or demands for more.   No payment plan has been offered by them.

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Without an agreed payment plan, they can claim the full amount is due, and has been.  The fact that they have accepted your "partial payment" and credited you account doesn't change the amount due except by being less according to the payment.  There is no "paying on time" because time is not specified due to lack of an agreement.

 

What a payment plan does is grant credit in the first of the account NOT being due except under the terms of the payment plan.  If they choose to agree to a $100 per month payment plan, that creates a new debt, with SOL starting over.

 

As long as you are paying regularly for now, what benefit is it to them to agree to a payment plan for the same amount?  The answer is: None.

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Without an agreed payment plan, they can claim the full amount is due, and has been.  The fact that they have accepted your "partial payment" and credited you account doesn't change the amount due except by being less according to the payment.  There is no "paying on time" because time is not specified due to lack of an agreement.

 

What a payment plan does is grant credit in the first of the account NOT being due except under the terms of the payment plan.  If they choose to agree to a $100 per month payment plan, that creates a new debt, with SOL starting over.

As long as you are paying regularly for now, what benefit is it to them to agree to a payment plan for the same amount?  The answer is: None.

Thanks for clarifying that. It does make sense the way you put it. They could set one up and demand more. At any rate, I'll continue to pay a little more until the next move. I don't see how ignoring them to force a settlement would help me as I could never save enough in a year or so to even give half. And I can't borrow any as the ex has ruined my credit with late payments and the repo. I'm screwed every where.

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Thanks for clarifying that. It does make sense the way you put it. They could set one up and demand more. At any rate, I'll continue to pay a little more until the next move. I don't see how ignoring them to force a settlement would help me as I could never save enough in a year or so to even give half. And I can't borrow any as the ex has ruined my credit with late payments and the repo. I'm screwed every where.

 

Time for tough love, Meanjean. Ready?

 

You came here for advice, got it and now you just want to keep paying them. If that is the case, fine. Pay them. There are some great people on this board with great advice. They give this advice on their own time for free simply to pay it forward and help others.

 

The poor pitiful me, I'm screwed thing has never helped anybody. You want someone to come here and tell you "Do this, it will take 5 minutes and everything will go away." It reminds me of people who watch me play music (yes, I'm a musician) and say "Wow, I wish I could play like that!". My textbook response is "If all I ever did was wish, I wouldn't be able to play either". This stuff takes work, learning and effort, not magic.

 

If you want people to feel sorry for you, see a shrink. If you want help then read, learn and do.

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Time for tough love, Meanjean. Ready?

 

You came here for advice, got it and now you just want to keep paying them. If that is the case, fine. Pay them. There are some great people on this board with great advice. They give this advice on their own time for free simply to pay it forward and help others.

 

The poor pitiful me, I'm screwed thing has never helped anybody. You want someone to come here and tell you "Do this, it will take 5 minutes and everything will go away." It reminds me of people who watch me play music (yes, I'm a musician) and say "Wow, I wish I could play like that!". My textbook response is "If all I ever did was wish, I wouldn't be able to play either". This stuff takes work, learning and effort, not magic.

 

If you want people to feel sorry for you, see a shrink. If you want help then read, learn and do.

Thanks, Flyer, I needed that.

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They have no reason to give you a break. They see you as a person who will continue to pay them forever if they let you. When you stop paying they see you as a risk. Will we ever get this money? They could sue, yes, but most wait. Using the court costs them money and these guys always go after easy targets. After a year or so, after they have deemed you a risk, you can negotiate a settlement because they would rather get something than nothing. It is just how it works.

 

Ignoring them won't work forever, I agree (although many JDB's do wait too long and miss the SOL) but waiting short term is just good strategy sometimes.

That's very true, however, at this point it hasn't been sold to a JDB yet.    So waiting them out won't work.  I'll just have to wait for their next move.  

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That's very true, however, at this point it hasn't been sold to a JDB yet.  I've already sued them once so they're going to be VERY careful not to trigger any violations.  So waiting them out won't work.  I'll just have to wait for their next move.   I'm checking out BK as a further option.

 

Welcome back.  Why do companies sell to JDB's? Let's think about it. Do they just decide "Hmm, this person is paying me but I'd rather sell this debt they're paying on for, oh, let's say $.03 on the dollar. That seems like a good business move!". Obviously not.

 

They sell them to JDB's when people don't pay for so long that they decide the debt is worthless and they don't want to pursue it. That happens after about a year of not paying on the debt. Then the JDB gets it and tries to collect and eventually sues. Of course, sometimes they miss the SOL because they wait too long. So don't think that if you wait them out that they will sue you immediately and attach your wages. 

 

Let's go further and say that does happen. Aren't you still going to pay it? I'm not a guru around here so always take my advice with a grain of salt and listen to those more knowledgeable, but your current plan will keep you paying them forever and that is just the way they like it.

 

Also, you mentioned that you won't save up half in a year. Who says you need half? These debts are commonly sold to JDB's for (no exaggeration) 3 cents on the dollar. That means if they sell this to a JDB they will sell it for about $210. If in a year you can offer them $1200 (same as you're paying now). You would be surprised. Again, this is just one option. Read through this thread again with an open mind and calmly and rationally think about what everyone is saying.

 

I really do wish you all the best. Good luck with whatever you decide.

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This is an excellent reply, Flyer.  I love it.  Very to the point.   I will do so this weekend while not at work.   It's tough not knowing which way these thugs will jump.      I think at this point I'll go for 2 more months; if they're going to sue, they should do so before then.

 

Citibank went after me after I fought them on tripling my monthly payments because I missed one.  I stopped paying them and I honestly can't remember if they went through a CA or not, but I got sued in a couple of months.      Instead of going the long JDB route, they may just sue right away.

 

Thank you very much for this.  I'll keep everything in mind. 

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Hyundai Greatness new title

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

http://california-discovery-law.com/

Your not being sued yet but it would be good to start leaning how to defend yourself.

I saw it was posted that garnishment was 10%,CA is 25%.(who wants that)

Study breach of contract,account stated,common counts,unjust enrichment,summary judgement.

This way you get ahead of the game,Its much better to study when not being sued.

Its not if they will sue but when they will sue.They will come so get prepared early.Generally it takes about a month to have an idea of what your doing.Good luck.

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Meanjean - if you want it to go away, here's what you do:

 

1: Quit your job, that way they have no paycheck to garnish

2: Move to another State. Leave no forwarding address. That way they can't find you o sue you. Choose a State with a short Statute of Limitations on debt, like AL, AK, DC, DE, KS, LA, MD, MS or NC which are all 3 years.

3: Don't apply for any credit, open a bank account or do anything that gives out your new address. That applies to even filling out a warranty card when you buy a toaster. That information can easily end up on a skip tracer's desk

4: Lay low until the SOL has expired in your new residence.

 

THEN you can surface and defeat any lawsuit they bring.

 

Of course, you could simply move to another country where US debts are hard if not impossible to enforce.

 

Hey, no one ever said it would be easy or without inconvenience.....

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Thank you so much, guys.   I love it.   BTW, is your plane available???  Hahhaa!  I'm packed and ready.

 

The problem is, even if I quit my job and go on SS, they can attached the bank account.     God I hate this.

 

My ex's house is in foreclosure and the auction is 4/5.  I hope the b**stard rots in the street.  I may Small Claims him anyway just to screw him over.

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I haven't seen anything to convince me you owe anyone anything, at least not anything close to what you've indicated.

 

This "lease," what was the term, and how much were the payments? How many payments were remaining when you surrendered the vehicle?

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