JoL

Midland sued me and more

Recommended Posts

Hello,  

I'm new here.  Short story to explain what I  am wondering. 

I've been out of work, need back surgery,  59 yr old female, zero income. Husband lost his good 16 yr. High paying job. Now he works hard labor at $11 hour. 

We own one paid off house, one van that will pay off in Sept 2018.

Once our income went to hades, we were only able to pay utilities and eat(also joined a food bank. ). It's bad,  real bad. 

All of our unsecured credit accounts went sour. We both owe 3 or 4 to Midland and some other creditors. 

Midland/MCM put a judgment againt me and we have several others too. 

I'm on oxygen too(as needed)so going downtown to fight creditors was impossible, I cant afford portable O2, no insurance, no $ for deductable either. 

My home is paid off and hudband gets his payroll onto a debit card. 

We don't care if creditors lein on the house as we plan to die here and not sell. 

I understand Texas is great at protections for debtors but I am wondering... 

Will the creditors still send a Sheriff out to take things? Will they let me know in advance? Will they come at night?

The furnishings I have are crappy,  garage sale bought stuff.  I have sold everything off over the past 3 years to pay for doctor bills and medicines for my back. 

If a sheriff can come,  how do I  claim the few things I  would like to claim as heirloom?

I also have a pistol from my deceased Dad i would like to keep.

Does the sherrif bring a truck and load it? I and my husband can not move boxes or dig through closets anymore. 

The van sidevand back doors do not open anymore,  broken. 

What can I expect?

We never could do anything to defend ourselves. 

We might try bankruptsy in a few months but even that is hard to budget. 

Thanks if anyone can tell me the worst to possibly happen, so we can mentally prepare for any hammers to fall on us. 

Mrs. JoL

Forgot to add one more question, please:

Midland sent a bland unmarked envelope,  didnt even show their address,  so it got put on the table,  just found it today. It is some questions about jobs, banks, ect,  is this a legal discovery letter? Am i forced to answer it? I was thinking it was just bs mail since it did not come certified. I thought it had to be signed for to be legal in Texas.What if I ignore it?

 

Edited by JoL
Forgot another question.

Share this post


Link to post
Share on other sites
9 hours ago, JoL said:

Midland sent a bland unmarked envelope,  didnt even show their address,  so it got put on the table,  just found it today. It is some questions about jobs, banks, ect,  is this a legal discovery letter? Am i forced to answer it?  What if I ignore it?

They are doing a debtors exam.  If it isn't authorized by the court (not signed necessarily) you need to read carefully to see if it is court ordered; you have to comply.  If they are just fishing for information to collect you can ignore it but they will simply haul you into court for a formal debtors exam.  You cannot ignore a subpoena from the court for the debtors exam.  If you do you will be charged with failure to appear and could be arrested.

9 hours ago, JoL said:

Will the creditors still send a Sheriff out to take things? Will they let me know in advance? Will they come at night?

Maybe.  Depends on if they think there is anything of value.  They typically do not notify you in advance so you cannot hide assets that could be seized.  They come during the day.

Texas has some pretty stringent laws that are debtor friendly so the chances they seize personal property due to the generous homestead exemption are slim to none.

9 hours ago, JoL said:

If a sheriff can come,  how do I  claim the few things I  would like to claim as heirloom?

You would have to look at the Texas exemptions and see if the items comply.  The problem is if it is of value and can be sold to cover the debt the court doesn't care if it is heirloom they can and will take it if it cannot be exempted from seizure.

9 hours ago, JoL said:

I also have a pistol from my deceased Dad i would like to keep.

A fire arm is something of value that would be taken in an asset forfeiture regardless of sentimental value.  Texas law may have an exemption allowing you to keep one or more guns.   

9 hours ago, JoL said:

We might try bankruptsy in a few months but even that is hard to budget. 

The judgment is good for 10 years.  While you don't have to file right now I would recommend doing a free consult with a bankruptcy attorney to find out exactly what assets could potentially be at risk and make moves to protect them.  That might mean filing bankruptcy sooner than you had planned.

 

Share this post


Link to post
Share on other sites

Here are the Texas Bankruptcy Exemptions:

https://bankruptcy.justia.com/laws/texas-bankruptcy-exemption-statutes-39/

 

Notice that they include 2 firearms so the gun might be protected.So are home furnishings, your paid for house, and probably most other things. Since you probably do not have a bank account, there is really nothing they can take as Texas also does not allow wages to be garnished. However, Texas is a community property state so you may both have to file BK as a couple. BTW, most asset exemptions for judgements follow the BK exemptions so....

Share this post


Link to post
Share on other sites
2 hours ago, Clydesmom said:

They are doing a debtors exam.  If it isn't authorized by the court (not signed necessarily) you need to read carefully to see if it is court ordered; you have to comply.  If they are just fishing for information to collect you can ignore it but they will simply haul you into court for a formal debtors exam.  You cannot ignore a subpoena from the court for the debtors exam.  If you do you will be charged with failure to appear and could be arrested.

Maybe.  Depends on if they think there is anything of value.  They typically do not notify you in advance so you cannot hide assets that could be seized.  They come during the day.

Texas has some pretty stringent laws that are debtor friendly so the chances they seize personal property due to the generous homestead exemption are slim to none.

You would have to look at the Texas exemptions and see if the items comply.  The problem is if it is of value and can be sold to cover the debt the court doesn't care if it is heirloom they can and will take it if it cannot be exempted from seizure.

A fire arm is something of value that would be taken in an asset forfeiture regardless of sentimental value.  Texas law may have an exemption allowing you to keep one or more guns.   

The judgment is good for 10 years.  While you don't have to file right now I would recommend doing a free consult with a bankruptcy attorney to find out exactly what assets could potentially be at risk and make moves to protect them.  That might mean filing bankruptcy sooner than you had planned.

 

The Mcm unmarked envelope letter says" On Feb 04 a judgment was entered against you in the amount of 4,000.00. We have the right to inquire regarding the existance and location of assets, and your ability to satisify the judgment. 

Complete the enclosed "Financial  Disclosure Form"and send your response via email to fwlrrsponse@mcmcg.com.

Alternately,  you may mail this form to P. O. Box Box2122 Warren, MI 48090

If you wish to resolve this matter voluntarily, it's not too late.  Call (XXX)xxx-xxxx if you would like to discuss one of the paynent optiond listed below.

* Thats the letter word for word. The 2 question pages say nothing more than,  "Financial Discovery Form".

Even this form is bland,  no stamps, marks, or manmade marks. 

*My husband is reluctant to answer questions about his job,  for fear of MCM robo calling his job and getting him fired. 

Share this post


Link to post
Share on other sites
22 minutes ago, JoL said:

On Feb 04 a judgment was entered against you in the amount of 4,000.00.

Entered against whom?  You?  Your husband?  Both of you?  It makes a difference.

22 minutes ago, JoL said:

We have the right to inquire regarding the existance and location of assets, and your ability to satisify the judgment. 

And you have the right to ignore their inquiry until they do it through the courts.

22 minutes ago, JoL said:

*My husband is reluctant to answer questions about his job,  for fear of MCM robo calling his job and getting him fired. 

If they didn't sue him he doesn't have to answer anything at all though Texas is a community property state.  Even so, they cannot garnish his wages either so there is no reason to speak to his employer.  

What questions did they ask?

Share this post


Link to post
Share on other sites
1 hour ago, Clydesmom said:

Entered against whom?  You?  Your husband?  Both of you?  It makes a difference.

And you have the right to ignore their inquiry until they do it through the courts.

If they didn't sue him he doesn't have to answer anything at all though Texas is a community property state.  Even so, they cannot garnish his wages either so there is no reason to speak to his employer.  

What questions did they ask?

The letter is only to "Dear Mark" but I  have bad accounts too with MCN. But this is only addressed to my husband. 

On the top of the question form it says:

The purpose of this Financial Disclosure Form is to tell the JUDGMENT CREDITOR (bold text) what money and property you have which may be used to pay the judgment the creditor obtained against you in the lawsuit. It also allows you to tell the creditor that some or all of your property or money is exempt., which means that it cannot be taken to pay the judgment. If you need more space continue your answer on the back of the form or attach more sheets if necessary. If you have questions about this form contactbout office at (xxx) xxx-xxxx or contact an attorney. 

The form asks questions like:

Judgment debtor name,  address, DOB, Employer and emplorer phone, wage amounts, how often paid,  bank accounts, stocks,bonds,securities, own home?  Motor vehicles, have any cash or travelers checks, household goods, jewelry, coin or stamp collections,firearms,any property being sold by deed or contract, business equipment and tools worth more than  $1000, inventory, accounts receivable /claims,  are you an owner or partner in any business not listed,  any other property?

Then their are blank spaces to fill more in about property and possessions, their value and location. 

At the bottom where you sign and date,  it states: The above information is true and correct to the best of my knowledge.

*To me the form is too wordy at the beginning and so bland and unprofessional in apperance, I get the feeling it's just more mcm collection noise. 

Their is no mention of a supeona in the cover letter,  only an internal account number and a "Court File Number" of 11 digits. The cover letter has a bold blue boxvon top that says in huge type" A Judgment has been entered against you"

**Clydesmom, thank you so much for your time. 

And anyone helping out too!

 

Edited by JoL
Adding note

Share this post


Link to post
Share on other sites
17 minutes ago, JoL said:

Their is no mention of a supeona in the cover letter,  only an internal account number and a "Court File Number" of 11 digits. 

First you need to find out what lawsuit this is in relation to.  Second:  you need to look up that court file number.  This could very well be a debtors exam through the courts and if it is he cannot ignore it.  You need to know WHO was sued.  Look up that court file and see what you find.

Share this post


Link to post
Share on other sites
3 minutes ago, Clydesmom said:

First you need to find out what lawsuit this is in relation to.  Second:  you need to look up that court file number.  This could very well be a debtors exam through the courts and if it is he cannot ignore it.  You need to know WHO was sued.  Look up that court file and see what you find.

I'll try to look up the records for bexar county Tx online and never found a listing.  I will try again.  The OC is Synchrony bank,  it was just another bad credit card account of which we have many. 

I do have a Bankruptsy question maybe you know. 

The mailing matrix list,  do you know if I am supposed to add the few good "in standing" creditors we still have to the Bk filings if I decide to file ProSe?

Can I snail mail my Bk papers in one big Packet with a money order for the Clerk?

Do I  need to file absolutely all of the federal forms with the 100 numbers? That a huge amount of forms! 

It's ok if you can't answer my Bk questions. I understand all districts have different rules. 

Thanks yet again. 

Share this post


Link to post
Share on other sites
54 minutes ago, JoL said:

The mailing matrix list,  do you know if I am supposed to add the few good "in standing" creditors we still have to the Bk filings if I decide to file ProSe?

You are supposed to list all creditors.  

55 minutes ago, JoL said:

Can I snail mail my Bk papers in one big Packet with a money order for the Clerk?

Depends on what your court requires.  You will have to be there in person for the 341 hearing or have a lawyer representing you.

55 minutes ago, JoL said:

Do I  need to file absolutely all of the federal forms with the 100 numbers? That a huge amount of forms! 

I have no idea.

Your bankruptcy has many issues and you have a home you are trying to keep.  You REALLY need a lawyer.  PLEASE consult a few.  The initial consultation is FREE>

Share this post


Link to post
Share on other sites

https://www.avvo.com/legal-guides/ugc/what-property-can-i-protect-from-judgment-creditor-seizure-in-texas

The above link shows what property is exempt from judgement collection in Texas. Note that it includes 2 firearms.

Also note that when discussing value of any personal property that you own (such as furniture), the value you list is what it would sell for at a garage sale or Salvation Army store, not retail value. The same goes for a vehicle, that is set at auction value. Most people in your situation either have only exempt assets or assets whose value is so low that it is not worth paying the sheriff to seize it unless you are out for spite and MCM does not play the spite game.

As for the form, I would consult with a couple of BK attorneys as @Clydesmom has recommended. They are free and they probably will know if you have to answer or not. If you have to answer, then keep the list of exempt property in mind. In fact, you can use the BK Court asset for to answer their questions and it might tell them to back off as you are a BK waiting for a place to happen.

As for the employer, your husband can send a letter CMRRR today to both the lawyer and MCM stating that you employers do not allow non-business calls and that they are not allowed to call your employer. That will stop them from doing so because wages are exempt from garnishment in Texas.

Share this post


Link to post
Share on other sites
28 minutes ago, WhoCares1000 said:

https://www.avvo.com/legal-guides/ugc/what-property-can-i-protect-from-judgment-creditor-seizure-in-texas

The above link shows what property is exempt from judgement collection in Texas. Note that it includes 2 firearms.

Also note that when discussing value of any personal property that you own (such as furniture), the value you list is what it would sell for at a garage sale or Salvation Army store, not retail value. The same goes for a vehicle, that is set at auction value. Most people in your situation either have only exempt assets or assets whose value is so low that it is not worth paying the sheriff to seize it unless you are out for spite and MCM does not play the spite game.

As for the form, I would consult with a couple of BK attorneys as @Clydesmom has recommended. They are free and they probably will know if you have to answer or not. If you have to answer, then keep the list of exempt property in mind. In fact, you can use the BK Court asset for to answer their questions and it might tell them to back off as you are a BK waiting for a place to happen.

As for the employer, your husband can send a letter CMRRR today to both the lawyer and MCM stating that you employers do not allow non-business calls and that they are not allowed to call your employer. That will stop them from doing so because wages are exempt from garnishment in Texas.

CMRRR? Certified mail but what is the RRR.  I do this tommorow and include it with the response to their Financial qestionare papers.  How would this no calls to work notice be worded? Does it need to be notorized or on his job companies letterhead or just certified and sent by us?

Ps... You're an angel for giving your time to reply to me. I simply can not express my gratitude to you. 

Share this post


Link to post
Share on other sites
1 hour ago, JoL said:

Certified mail but what is the RRR

Return Receipt Requested (the green card that gets sent back to you).

 

Share this post


Link to post
Share on other sites

You company does not have to send a letter. You simply send it and it is on simple paper with your signature. If they do violate it, then you fill out an affidavit on what happened and how you informed them to not act and use that in court with the letter and green card.

Share this post


Link to post
Share on other sites
On 3/21/2018 at 5:40 AM, WhoCares1000 said:

You company does not have to send a letter. You simply send it and it is on simple paper with your signature. If they do violate it, then you fill out an affidavit on what happened and how you informed them to not act and use that in court with the letter and green card.

Along with this, after you sign the letter, scan a copy of it if you have a scanner.  If not, I would go to the library or somewhere you can make a xerox copy of the letter signed by you.  When you get the green card receipt back in the mail, keep it with your copy of the letter in a safe place.  This will be your evidence of when and what your sent them should they attempt to call husband's work ever.

And I echo everyone else's suggestion of calling and talking with a couple bankruptcy attorneys.  Getting the free information from them can really help you decide what to do and how soon.  I would talk to at least 2 (always get a second opinion or more - and price).

  • Thanks 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.