HiRoy 13 Posted September 12, 2014 Report Share Posted September 12, 2014 Hey everyone!I need some advice. What's the likeliness that a family law lawyer will serve me for the balance of a debt from 5 years ago? The last payment made was 3 years ago. My credit is bad, I don't own a home or have any assets, I have a severely disabled child, and just recently, I've started receiving phone calls from them after 3 years. I'm nervous and want to do right, but if don't have much and I worry that if I call, then that's going to start the SOL again. Please help me. No need for negative comments, please. Quote Link to post Share on other sites
shellieh98 1,505 Posted September 13, 2014 Report Share Posted September 13, 2014 The sol won't restart for calling them. It will restart if you sign anything, or make a payment. 1 Quote Link to post Share on other sites
TomnTex 389 Posted September 13, 2014 Report Share Posted September 13, 2014 Your in Calif. the SOL on most things is four years. They are probably after you now because you have a year or less left. As Shelia said, talking to them, writing etc. will not restart the SOL. They will try to get you to make a payment in order to extend the SOL. That, or they will end up suing you to try and get the balance. I would stay off the phone with them as that can cause problems and just write a letter telling them your circumstances and that your COLLECTION PROOF. Send it CMRRR just so you have proof, start a file and save everything for years to come. Remember, you pay them anything and you extend the SOL. 1 Quote Link to post Share on other sites
HiRoy 13 Posted September 13, 2014 Author Report Share Posted September 13, 2014 Thank you, @shellieh98 and @TomnTex! @TomnTex, what does "COLLECTION PROOF" mean??? Quote Link to post Share on other sites
HiRoy 13 Posted September 13, 2014 Author Report Share Posted September 13, 2014 They're trying to get me for $27,000! They're family law lawyers local here in the state, do you think I should prep myself to be served? They're a prestigious law firm that has had many high profile cases. I, on the other hand don't have the money to cover this. I'm so nervous. @TomnTex. I appreciate everyone's help here. Quote Link to post Share on other sites
TomnTex 389 Posted September 13, 2014 Report Share Posted September 13, 2014 It just means that even if you are sued, NO ONE will get any money or anything from you! A lot of people like to use the phrase JUDGMENT PROOF. But that is a misnomer. No matter what, a debtor can get a judgment on you. Being collection proof just means that if they do sue and get a judgment, it will be a waste of their time. Of course if your young enough, 25-35 or so, they will try and get one hoping that you will win the lottery, or come into some money someday. No big deal..... Quote Link to post Share on other sites
HiRoy 13 Posted September 13, 2014 Author Report Share Posted September 13, 2014 It just means that even if you are sued, NO ONE will get any money or anything from you! A lot of people like to use the phrase JUDGMENT PROOF. But that is a misnomer. No matter what, a debtor can get a judgment on you. Being collection proof just means that if they do sue and get a judgment, it will be a waste of their time. Of course if your young enough, 25-35 or so, they will try and get one hoping that you will win the lottery, or come into some money someday. No big deal.....So, what you're saying is, it's like getting blood from a turnip? A scare tactic @TomnTex? Quote Link to post Share on other sites
TomnTex 389 Posted September 13, 2014 Report Share Posted September 13, 2014 Somewhat, it just means that you never keep money in a bank account because they could grab it, and keep a low profile on anything else that you have of value. If all else fails you can always file BK 7 to get rid of it. For the amount owed, you can bet they will either try to get you to pay it, or at least take you to court and get a judgment just incase you do come into money some day. If you ever get a summons from anyone to appear in court, don't bury your head, answer the summons and do your best to fight them with our help. many times they are just hoping you don't show so they can get an automatic default on you. DO NOT let them do that. Quote Link to post Share on other sites
shellieh98 1,505 Posted September 13, 2014 Report Share Posted September 13, 2014 And you could always file BK. Screw them . Seriously, BK is not the stigma it once was.....if it would take the roof over your head, food out of your kids mouth, file and get ER done. Not worth the stress. Ya gotta live. 2 Quote Link to post Share on other sites
1stStep 242 Posted September 14, 2014 Report Share Posted September 14, 2014 I'm actually surprised you weren't hit with a Borson motion while your case was open. Quote Link to post Share on other sites
HiRoy 13 Posted September 14, 2014 Author Report Share Posted September 14, 2014 @1stStep, my worthless lawyer did ask my ex to pay my attorney fees, but the Judge only had him pay a very small amount of it. Do you guys think I should contact the firm and see if they'll lower the amount I owe and make some sort of payment arrangement? I really don't want to file BK. Quote Link to post Share on other sites
nascar 961 Posted September 15, 2014 Report Share Posted September 15, 2014  @1stStep, my worthless lawyer did ask my ex to pay my attorney fees, but the Judge only had him pay a very small amount of it. Do you guys think I should contact the firm and see if they'll lower the amount I owe and make some sort of payment arrangement? I really don't want to file BK. It might be worth your time to review the order from the judge. If the requested fees were denied because the Court determined them to be unreasonable, then the firm is not entitled to them. You've been given some good advice; don't enter into an agreement if you can't afford to and while BK should be a last resort, don't take it off the table. 1 Quote Link to post Share on other sites
debtzapper 1,274 Posted September 16, 2014 Report Share Posted September 16, 2014 @nascarThanks for your post. I hope we get to see more by you. 2 Quote Link to post Share on other sites
HiRoy 13 Posted September 16, 2014 Author Report Share Posted September 16, 2014 @nascar, how can I get a copy of that? Thank you so much for your help! I tried to message you, but couldn't due to your settings! Quote Link to post Share on other sites
shellieh98 1,505 Posted September 16, 2014 Report Share Posted September 16, 2014 You can go to the court and request a copy. Quote Link to post Share on other sites
