laine562

Do police officers get kickbacks from credit card companies

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I had an officer come to my house yesterday when I was at work. My step father answered the door told the man I wasn't home. The officer then said " well why is her car out front?", " Her car is leaking oil so a friend drove her" " What friend?" " I don't know" " Where does she work" " I don't know, some hotel downtown" I got home called the officer who was super RUDE! and he basically told me that he could take my car and any property. I told him that I only owned a car, what else was he going to do, come in and take my clothes and books, I don't own anything of value really. He told me I needed to pay the debt ($8,111) I explained I don't have that kind of money and I barely make a $1,000 a month. I live in NC minimum wage here is $7.25. He told me to ask my parents. Full disclosure I live at my parents home which is nice and big but im 27 and only live here because i lost my nice job in california and lost my father at 24. I used to have an amazing credit score of (830) credit line of about $30,000. However when I lost my job and my Dad past I got really depressed and am not one to ask for help and tried to just make things work, resulting in me running up all my cards. I've been working to basically afford to live. Having about $150-200 left over if I choose to mooch off my parents even more and eat their food. ANYWAYS... I told the officer I am not in that kind of reality, I don't just ask my parents for money or handouts. Its not their problem it's mine, and they may live in a nice home but thousands of dollars is still a lot to them. I asked him what the minimum amount would be he told me " I can't just come to the table with $1,000" told him I would file bankruptcy.. I'm about $28,000 in debt total. he told me that was stupid and it would be a waste. i would be paying a lawyer $5,000-$6,000 and it would be on my record for 20 years, i asked if payments where an option and he told me know i asked if i should just call citibank or the lawyer he mentioned and he said no, i would be dealing with him from now on. again asked for a minimum he said now, get a realistic number, i said why would i ask my parents for money then give you the number have you tell me its not enough just to ask them for more. I hung up on him, my mother then called him and was very nice till he was just as rude to her at which point she said she didn't appreciate his threats. so in my opinion it seems as if they get a cut or a kickback from these companies, because he was very concerned with me paying as much as i could and only going through him not a lawyer or the creditor or trying to sway me against filing bankruptcy. 

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Police officers DO NOT collect for credit card companies.  If the guy that came to your door identified himself as a cop, call your local police and report him and his phone number for impersonating an officer.

This was probably an overly aggressive collection agent.  Send him a debt validation letter ASAP.

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Okay, this is different.  It looks like Chase has already taken you to court and obtained a judgement against you.  Cops do serve "Writs of Execution" and they do get paid for doing so.

I think you need to find a lawyer.  Bankruptcy looks like your best option.

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Was the visit by the sheriff yesterday your first notice of the writ of execution?

From Collecting Judgment [in] North Carolina:

Quote

If your judgment debtor is an individual and a resident of North Carolina, your debtor is entitled by law to receive notice and the opportunity to claim certain "statutory exemptions."  These exemptions are specifically defined by North Carolina statutes and allow the judgment debtor to place specified dollar amounts of certain types of property beyond your reach.  For example, the debtor may be able to claim $5,000.00 worth of household goods and furnishings as exempt from your collection efforts. 

Until the required notice and opportunity to claim exemptions has been given, no execution efforts can be undertaken by you.  However, if your judgment debtor does not claim the exemptions in a timely manner – within 20 days of the service of notice on your debtor – the exemptions are waived.

 

The period to claim exemptions may have already passed as part of the Superior Court process, or by other documents that you may have already received but ignored.

Check the Superior court docket for your case, and also look up the applicable North Carolina statutes that define the exemptions.

See; ARTICLE 16 Exempt Property,  Procedure for setting aside exempt property,  North Carolina Exemptions,  Sheriff Visits after Obtaining an Exemption Order in North Carolina, and What Property is Exempt from Seizure after a Judgment in North Carolina?.

If you are still able to claim statutory exemptions, you'll probably need to file something with the Superior Court.  Probably a motion seeking an order designating exempt property.  The Plaintiff (citibank) may have already sent you the following two documents.  See the instructions within;

Notice of Right to Have Exemptions Designated

Motion to Claim Exempt Property

If you received the above documents more than 20 days ago, it may be too late to claim exemptions, and bankruptcy may be the only way that you can protect any property, if you think it is worth protecting and likely to be seized.

Quote

Important: you must assert your right to claim exempt property in order to keep it safe. Before it executes on the judgment, the winning party must send forms to the judgment debtor, entitled Notice of Right to Have Exemptions Designated and Motion to Claim Exempt Property. The judgment debtor should READ THE INSTRUCTIONS on the paperwork and follow them carefully.

Also check if you were properly served the original lawsuit.

 

3 hours ago, laine562 said:

... what else was he going to do, come in and take my clothes ...

Probably not, since you are an individual - but technically they could unless you claim exemptions.  But for businesses, no exemptions can be claimed;

New Hanover County Sheriff’s auction of 3,000 dresses is back on.

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Yeah thats what I've been discussing with family. I received something on the 10th and called citibank about making payments. also explained that  I also might be filing bankruptcy and they told me they would mail me paper work. ( still waiting for it ). Looks like on my next day off I'll be meeting with a lawyer about filing bankruptcy. I was mainly confused by the deputy when i spoke with him over the phone. The conversation was just super odd, and telling him I was probably going to file bankruptcy made him angry and thats when he kept repeating that I needed to get money from my parents.

thank you for your help !!

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I mean they could take my things, but I came here with very little from California and live pretty modestly since losing my job. Everything of value I did own laptop, bicycle, tv, etc, I already sold to pay bills back when I couldn't find a job in California. I just never knew that deputies made money from getting people to pay their debt. Also him continuing on that I shouldn't call citibank or the attorney he mentioned or a bankruptcy attorney made me a littler weary. 

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2 hours ago, laine562 said:

I just never knew that deputies made money from getting people to pay their debt.

They don't. He was just super excited to be an a-hole that day. 

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And by the way, I would file BK immediately. Even before I got another job, because eligibility of Chapter 7 (the one you want) is based on income.

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oh i thought they did based off of the first response. Ive had a new job since june 30th, but i will def hold off on getting another. I'm going monday to meet with an attorney hopefully i get it all squared away so i can relax for a bit. i wished i would have filed a couple years ago but was stubborn and thought i could climb myself out of all the debt but its way more difficult than i thought to find a GREAT paying job. thanks for the input and help!

5 hours ago, Harry Seaward said:

And by the way, I would file BK immediately. Even before I got another job, because eligibility of Chapter 7 (the one you want) is based on income.

 

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23 minutes ago, laine562 said:

oh i thought they did based off of the first response.

They get paid a nominal fee.  In AZ the sherrif's department gets $48 to serve the paper and then if they are on the property longer than 3 hours, they get $40/hour per deputy for each hour over 3.  In your case, it doesn't sound like it would take one person more than a few minutes, so $48.  And I don't know how much of that gets filtered down to the actual deputies.  I'm guessing they probably just get their regular hourly wage.

They are hoping to hit the mother lode of 20 acres of ranch property that would take them 2 days to go through.  You guy was an idiot, since he already knew the lay of the land before he talked to you.

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Actually, in most places, it is the sheriff's office that gets paid a set amount to execute writs and service and the deputy simply gets paid a wage to do it. There might be a quota within the department for job performance but that would be it. Otherwise, you can chalk this up to a deputy being a dick.

First thing is that your mother should never call the officer again. This does not involve her and they cannot take anything from her. If you want to get the officer off that topic, the next time he calls and demands you ask your parents, state that you asked your mother and she said she would only pay for a BK filing. If you demands to talk to your mother and your mother is around, you mother should tell him that she will only talk to him with an attorney present. That should get him to back off unless the deputy is willing to violate Constitutions rights (and no, even in a civil case, there is no requirement for anyone to speak to any police officer).

After that, you should probably consider doing a Chapter 7 BK ASAP. In the meantime, you might have to file something with the court stating that your wages and property are exempt from attachment. That should cancel the writ. That is probably why the sheriff had shown up in the first place. The creditor attorney knew they could not attach you wages so they sent the sheriff to try to get something from you and the sheriff figured he could get mommy to help you pay the bill. I would doubt that even the car has enough value to make it worth taking.

Finally, you might want to keep as little in your bank account and go on a cash basis until you do the BK. They will attach that if they think they will get something, even if the only moneys in there is technically exempt wages.

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