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The Other Shoe Has Dropped


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Hello,

 

I have been using this forum to respond to Gurstel Chargo in Minnesota regarding lawsuits from Asset Acceptance and Unifund.  I was served on March 25, 2013 and responded.  I heard nothing until today...I received 2 court filings via US Mail from Gurstel Chargo.  I have been reading that MN law changed and they had to file before July 1, 2014 to keep the lawsuits active.

 

The most curious thing about the papers is that they have requested a trial date of June 25, 2015.  Between the two lawsuits I am looking at a $50K judgement.

 

I'm not sure what I should do at this point.  My biggest fear is that MN is a pocket docket state and they will freeze my bank accounts. My husband and I are going to consult with a bankruptcy attorney as well.

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Regardless of the size of the ALLEGED debts, the poster has a real concern that this will entail a devastating result. bk is looking like the only option, but checking SOL is key. If the SOL is not up in your state, proceeding to litigation to delay long enough to file Chapter 7 may be the only way. bk will stay the court action.

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by Nicole Anderson - Keeping Good Records is a critical step to making a claim under the FDCPA. ... The FDCPA is a strict liability law, meaning that a consumer does not have to prove ... The Forest Lake, Minnesota bankruptcy lawyers of Anderson & Associates, ...

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At the law office of Johnston | Martineau, P.L.L.P., we represent people that have been harrased by bill collectors, or collection services in Minnesota and ...

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We hope that we are your last stop in your search for a Minnesota attorney. ... that are prohibited by the Fair Debt Collection Practices Act. The FDCPA al

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Thank you all for your responses. I did speak with a bankruptcy attorney today - it was pretty scary!  However, part of me says it would be better to stand and fight (with a consumer attorney) than file Chapter 13.  The debt is still within the SOL.

 

I know most of the people on this forum are Pro Se but is there any one out there who has hired and attorney and what was the outcome?  The first lawsuit is saying the principal balance was $10,000 but I am also being charged $14,000 in interest.

 

Anyone have thoughts?

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An experienced consumer attorney will look at the specifics for the two cases against you and be able to advise you as to whether you should fight or file bankruptcy. At least that has been my experience with a very knowledgable and experienced consumer attorney that we hired.

Edited to add: my particular case is ongoing, so I cannot discuss details, but our attorney actually laughed over the "evidence" that JDB attached to the summons.

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Just to give you a glimmer of hope, I had TWO debts worth more than $65,000.00 total go to charge off then one went through a few JDB's and a CA for a JDB before they finally went SOL. For the most part, I can breathe easier. But, that doesn't mean they cannot still try and collect. Even using sewer service.

 

My suggestion is run, not walk to that BK attorney and file for BK 7, not BK 13. Acually, if your a gambler, you could hold off until they do actually get a judgement then, file after they spend all that money. Plus, it might give you extra leverage on getting the BK 7.

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I read an article written by a BK attorney and he said in his 15 years in practice, he'd only had 2 families not qualify for Ch. 7.  He said he believes the primary function of the "means test" is to discourage people from even trying to qualify for Ch. 7 but that there are enough legal loopholes to get people qualified that don't seem to qualify at first blush.  Maybe you really don't qualify, but if the BK attorney you spoke to said you don't qualify for Ch. 7, I'd get 3 or 4 more opinions to find out for sure.

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  • 4 weeks later...

The proof for a claim in BK court is stricter than the lower courts so In this instance BK is not only an option but the only option I see. Because if they get any judgment the amount of interest exceeds most americans ability to pay. This could lead to a lifetime of garnishment. Basically slavery, so you need to get these monkeys off your back.

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  • 2 weeks later...

Chap 7 can be hard if you have relatively high income.  I faced over $200k in cc debt but income way to high for Chap 7 and 13 is really rough for years. 

 

I decided to fight was able to make some settlements, won some court cases although still waiting for the new 6-year SOL on some, but there is an argument for the old 3 yr on debts before the change to six.  I also intentionally keep my credit score low to discourage the remaining debtors to come after me.  So far so good and was much better than Chap 13.  However, I spent huge amount of time learning the law, doing motions, etc. etc all pro se to win the cases I did. 

 

The bad news was income too high for Chap 7, the good news is I had high enough income since 2008 mess to survive, fight and make some settlements. 

 

Almost everyone loses in JC Court here so I had to appeal and got reversals and remands.   It is better in Superior Court (for appeal or over $10,000 debts) since they have real judges that actually follow the law vs the JC amateur judges that ignore those messy legal issues and just grant SJ to the debt companies. 

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