onelove

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8 minutes ago, LaneBlane said:

They may be more likely to accept a lump sum if the alternative may include your filing bankruptcy.

Should bankruptcy be mentioned to them?

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19 minutes ago, onelove said:

Should bankruptcy be mentioned to them?

There is no harm in mentioning it but do not be the least bit surprised if they do not take you seriously.  They hear that threat ALL the time and more often it is a threat only.

Not to mention if you have made a settlement offer they will figure you may not qualify for bankruptcy with cash laying around.

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5 minutes ago, Clydesmom said:

There is no harm in mentioning it but do not be the least bit surprised if they do not take you seriously.  They hear that threat ALL the time and more often it is a threat only.

Not to mention if you have made a settlement offer they will figure you may not qualify for bankruptcy with cash laying around.

No cash laying around.. and its not like am  just bluffing..am borrowing money here and there with family n friend to settle the account..

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8 minutes ago, Clydesmom said:

you may not qualify for bankruptcy

This ^^^. If you don't qualify for "good" BK (Ch 7?), the other one is way worse than settling. They put you on a Raman diet for 3 - 5 years.

 

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10 minutes ago, onelove said:

No cash laying around.. and its not like am  just bluffing..am borrowing money here and there with family n friend to settle the account..

The creditor does not know this and they will not assume anything in your favor.

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20 minutes ago, Clydesmom said:

do not be the least bit surprised if they do not take you seriously.  They hear that threat ALL the time and more often it is a threat only.

Also this ^^^^^^^

I had a couple creditors give me the "ok when should we be expecting to hear from your lawyer?"

They know from tons of experience that when someone is serious about BK, they just do it. 

I wouldn't say anything to any creditor about BK until you have talked with at least a couple BK lawyers to know if it's even an option. 

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Just now, Clydesmom said:

The creditor does not know this and they will not assume anything in your favor.

Well i know that, but nothing i can do about it

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2 minutes ago, Harry Seaward said:

Also this ^^^^^^^

I had a couple creditors give me the "ok when should we be expecting to hear from your lawyer?"

They know from tons of experience that when someone is serious about BK, they just do it. 

I wouldn't say anything to any creditor about BK until you have talked with at least a couple BK lawyers to know if it's even an option. 

Correct..thats why i hvent talk about it.. but i have been consulting with local bk lawyers.

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Most jurisdictions do want that included, along with a postage paid envelope addressed to the other party. Almost no pro se knows this, though, and the courts just make their own. 

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2 minutes ago, Harry Seaward said:
 

Most jurisdictions do want that included, along with a postage paid envelope addressed to the other party. Almost no pro se knows this, though, and the courts just make their own. 

Do I have to send a copy of the ENTRY page to the plaintiff? or just the Motion page

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3 hours ago, Harry Seaward said:

You don't "need" to do any of it. I said before, virtually no pro se does this stuff, but it's in the court rules.

What do they do then?

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The court uses their own form and mails it to everyone. 

If it were ever a problem, you'd get a few warnings from the court before they would eventually hit you with sanctions (e.g. $20 fine or something).

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I am still dealing with this. Will be sending my answers in next week.

What are my chances if I try to challenge the case? I try negotiating with them but they dont seem to want to agree on the sum proposed, and i have other important things ( such as my family) to

prioritize and take care of.

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1 hour ago, Harry Seaward said:

No one can give you exact Vegas odds, but we already told you they aren't good. 

well whats the worse that can happen? it is what it is, cant do miracles, nor can afford what they are asking.

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The worst than can happen is they get a judgment, garnish your wages, levy your bank accounts and put liens on your property.

Usually they stop with a judgment, but they do garnish quite often. I don't think I've ever heard of someone having their accounts levied or liens on  their property. 

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3 minutes ago, Harry Seaward said:

The worst than can happen is they get a judgment, garnish your wages, levy your bank accounts and put liens on your property.

Usually they stop with a judgment, but they do garnish quite often. I don't think I've ever heard of someone having their accounts levied or liens on  their property. 

I guess they can go ahead and get judgment and put a lien on my homestead property that i live in with my family.

I did try to borrow money for a lump sum settlement but they keep denying the amounts i offer. I knew they are hopping to get more out of me, but am dead poor and broke. So at this point

I will sent my answers denying the claim that I owe the debt then go to court and see the outcome. 

If it gets out of control, then bankruptcy is my next option. 

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