should I tell them I have no job or properties or any assets?

[kokonuts]

Hello,

 

Here is my situation.

I have a some debt form a few credit cards. They were sent into collection with some companies that are known for suing.

I paid my CC until last year in November, but I ran out of money and savings as I lost my job.

I don't have a job and I don't believe I can get one anytime soon.

I have no saving or properties.

Should I do nothing or call those collection agencies and tell them that I have no jobs or any kind of assets? Or what should I do?

My intend is not to increase my credit score or apply for mortgage. I am trying to avoid a lawsuit, even if I know they can't take anything as I have nothing.

Txs

[Bulldoger]

Here is the sure fire way to avoid a lawsuit. You have no income or assets. I suggest you file Chapter 7, If your household income is less than 150% of the federal poverty level, you can ask the bankruptcy judge to waive your court fees with a simple application submitted along with your bankruptcy petition. You will qualify for legal aid to walk you through the forms and fee waivers. It’s a type of bankruptcy that erases your debts, so you have a fresh start.   When you start working again you won't have to worry about a garnishment, levy, or zombie debt. 

Looks like you will keep all you have and qualify. 

Ohio Rev. Code § 2329.66

this site shows what needs to be done. 

https://upsolve.org/oh/

 

[Clydesmom]

5 hours ago, kokonuts said:

Should I do nothing or call those collection agencies and tell them that I have no jobs or any kind of assets?

They hear that thousands of times a month.  Most likely they don't care because while they cannot collect right now that doesn't mean they won't ever collect.  Especially considering you are in OH with a draconian long SOL on judgments and the ability to renew it.  

Before considering BK I would speak to several attorneys.  Do not be surprised if they simply tell you to lay low and work on getting employed and stable for now then deal with the debt later.  You have nothing to take right now so getting a judgment means nothing for now.

[BackFromTheDebt]

Of course BK is the only sure fire way to prevent a law suit.  

We don't know how much money this is, or who the OCs are, etc.  

If this is a case of owing a few thousand to Synchrony cards, I would not recommend BK.  Those debts can often be gotten rid of with the arbitration strategy.  

If this is a case of owing tens of thousands to places like Discover, Cap 1, AmEx, etc. I would strongly recommend BK.

So yeah, BK would work.  It also prevents you from filing BK again for a number of years.  If it is what you need to do, do it.  If it can be avoided without too much pain, avoid it.  

[nobk4me]

One thing I would advise for avoiding a lawsuit, is, check your credit reports.  See if they report employment, even if not current.  Sometimes an old job will be on there for years.  If they do, revise that to unemployed.

I know CAs and law firms pull your credit reports, and I believe the main thing they look for is employment, meaning wages to garnish.

 

[kokonuts]

8 hours ago, nobk4me said:

One thing I would advise for avoiding a lawsuit, is, check your credit reports.  See if they report employment, even if not current.  Sometimes an old job will be on there for years.  If they do, revise that to unemployed.

I know CAs and law firms pull your credit reports, and I believe the main thing they look for is employment, meaning wages to garnish.

 

Great idea. Txs

[kokonuts]

Thank you all

[KylieHolmes]

Not what an attorney would tell you (obviously because they wouldn't get paid) but best option is to not get served until SOL expires.  If not possible than DM for further advice from someone who has been on all sides of the fence

[Clydesmom]

7 minutes ago, KylieHolmes said:

Not what an attorney would tell you (obviously because they wouldn't get paid) but best option is to not get served until SOL expires.  If not possible than DM for further advice from someone who has been on all sides of the fence

This is patently wrong.  Once a suit has been filed the SOL is tolled until it goes to trial or is dismissed.  Delaying service will NOT cause the SOL to pass.  NO ONE should try this.

[WhoCares1000]

You cannot evade service until the SOL has ran because once the case is started, the SOL is tolled for the entirety of the case. If you try to evade service, the plaintiff can petition the court for alternate service (such as post and mail and/or printing in a local newspaper) and if granted, would be possibly that you did not know you were properly served.

ALWAYS ACCEPT SERVICE IN A COURT CASE. There are better ways to fight instead of evading service.

[Uncle Reggie]

Once a suit has been filed the SOL is tolled until it goes to trial or is dismissed.  Delaying service will NOT cause the SOL to pass.  NO ONE should try this.

 

Question regarding tolling and a lawsuit - if the SOL is tolled for the duration of the lawsuit - but the lawsuit is dismissed without prejudice - does the amount of time the lawsuit was in effect extend the SOL if another debt buyer decides to take another crack at suing the borrower (me) or does the SOL revert to the original date and the tolling only applies to the original plaintiff in the original dismissed lawsuit?

Can the original JDB who dismissed, take another crack at the debt in court taking advantage of the tolled extension of the SOL that took place while they tried to sue the plaintiff (me) the first time?

Or does the SOL revert back to the original calculation - essentially the tolling of the SOL during the lawsuit only applied to the this first lawsuit?

I am not a big fan of tolling - but don't want to start negotiating on a couple of old debts until there is absolutely no chance I can be sued.

Thanks!! 

 

[WhoCares1000]

7 hours ago, Uncle Reggie said:

Once a suit has been filed the SOL is tolled until it goes to trial or is dismissed.  Delaying service will NOT cause the SOL to pass.  NO ONE should try this.

 

Question regarding tolling and a lawsuit - if the SOL is tolled for the duration of the lawsuit - but the lawsuit is dismissed without prejudice - does the amount of time the lawsuit was in effect extend the SOL if another debt buyer decides to take another crack at suing the borrower (me) or does the SOL revert to the original date and the tolling only applies to the original plaintiff in the original dismissed lawsuit?

Can the original JDB who dismissed, take another crack at the debt in court taking advantage of the tolled extension of the SOL that took place while they tried to sue the plaintiff (me) the first time?

Or does the SOL revert back to the original calculation - essentially the tolling of the SOL during the lawsuit only applied to the this first lawsuit?

I am not a big fan of tolling - but don't want to start negotiating on a couple of old debts until there is absolutely no chance I can be sued.

Thanks!! 

 

I believe it depends on the state as some states allow a look back period of up t 6 months after the suit is dismissed to file again. An am not sure if that would be to a new creditor if the debt is sold.

In general though, if a case is dismissed, the SOL acts as if the case was never filed and reverts back to the original date of default.This means that if the debts would have hit SOL 3 days after the case was filed and the case took longer than 3 days to get through, the SOL would be expired once the case ended. Again, some states to give plaintiffs a small look back period so you need to look into that.

[BV80]

7 hours ago, Uncle Reggie said:

Once a suit has been filed the SOL is tolled until it goes to trial or is dismissed.  Delaying service will NOT cause the SOL to pass.  NO ONE should try this.

 

Question regarding tolling and a lawsuit - if the SOL is tolled for the duration of the lawsuit - but the lawsuit is dismissed without prejudice - does the amount of time the lawsuit was in effect extend the SOL if another debt buyer decides to take another crack at suing the borrower (me) or does the SOL revert to the original date and the tolling only applies to the original plaintiff in the original dismissed lawsuit?

Can the original JDB who dismissed, take another crack at the debt in court taking advantage of the tolled extension of the SOL that took place while they tried to sue the plaintiff (me) the first time?

Or does the SOL revert back to the original calculation - essentially the tolling of the SOL during the lawsuit only applied to the this first lawsuit?

I am not a big fan of tolling - but don't want to start negotiating on a couple of old debts until there is absolutely no chance I can be sued.

Thanks!! 

 

Some states have what is referred to as a “saving statute”.  If a case is not dismissed on the merits but is dismissed for a reason other than the merits, the plaintiffs can refile within a certain period of time (usually 6 months).  You would need to find  out if CA has such a statute.  I’ve been on this board a long time and have never seen a CA member mention anything like a saving statute.

Absent a saving statute, and as pointed out by @WhoCares1000, when a lawsuit is dismissed for any reason other than on the merits, it is as if the lawsuit never filed and the SOL was never tolled.

[HAMMERZIPPY]

On 6/1/2021 at 5:29 PM, kokonuts said:

Hello,

 

Here is my situation.

I have a some debt form a few credit cards. They were sent into collection with some companies that are known for suing.

I paid my CC until last year in November, but I ran out of money and savings as I lost my job.

I don't have a job and I don't believe I can get one anytime soon.

I have no saving or properties.

Should I do nothing or call those collection agencies and tell them that I have no jobs or any kind of assets? Or what should I do?

My intend is not to increase my credit score or apply for mortgage. I am trying to avoid a lawsuit, even if I know they can't take anything as I have nothing.

Txs

 

On 12/13/2021 at 7:01 AM, BV80 said:

how much per debt? all different collectors?