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Advanced Credit Repair - Dealing with Collection Agencies Collection Agencies Dunning you? Are they complying with the FDCPA and or the FCRA? IF they are not, they could be liable for up to $1000.00 to you! This is the forum to educate and protect the rights afforded to you under the FDCPA and the FCRA. Legal aspects of credit restoration will be found in this forum. MEMBERS CAN POST ANONYMOUS QUESTIONS...

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Old 06-17-2008, 06:14 PM   #1 (permalink)
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Post Summary Judgment - Should I File Bankruptcy?

KY - Had a summary judgment entered against me today in circuit court. Talked to the law firm handling the case last week and offered a settlement. Called today after judgment and they said they are waiting to hear from their client about the offer. (think they are stalling for depositions and seizure) I'm seriously thinking about just filing bankruptcy to get this all over with. It just isn't worth the worry anymore. About ready to put a gun to my head........ Am on disability but make a small amount of money outside of that each month, avg. $500. Appeal looks like a very slim chance. I mostly went with the argument about, blah, blah, blah they didn't have a copy of the original signed agreement, interest rate from 22% to 63% and no mutual agreement. Judge just glanced over the papers and entered summary judgment. Sometimes you just can't win. So what should I do next? I'm really leaning towards bankruptcy unless I can see some light at the end of this long tunnel. Do you think the attorney is just playing me until they can get some personal property or something? They know I'm on SSDI - faxed to them. I forgot to even claim exempt property, which I believe you have to affirmatively claim here. Can I go back and do that some way by motion or pleading?? I'm on a contract for deed and the property isn't recorded. Two old beat up vehicles that are about to go. One actually belongs to girlfriend, but has my name on title for insurance purposes. About all I can think of right now.
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Old 06-17-2008, 06:46 PM   #2 (permalink)
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What is the dollar amount of the judgment?

Do you have money in a local bank?
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Old 06-17-2008, 07:26 PM   #3 (permalink)
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They were asking for about $5000, plus interest from back in 2005 to present at 8% plus 12% until paid in full. Just SSDI payments go in the bank.
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Old 06-19-2008, 05:05 PM   #4 (permalink)
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Originally Posted by creditorcards View Post
KY - Had a summary judgment entered against me today in circuit court. Talked to the law firm handling the case last week and offered a settlement. Called today after judgment and they said they are waiting to hear from their client about the offer. (think they are stalling for depositions and seizure) I'm seriously thinking about just filing bankruptcy to get this all over with. It just isn't worth the worry anymore. About ready to put a gun to my head........ Am on disability but make a small amount of money outside of that each month, avg. $500. Appeal looks like a very slim chance. I mostly went with the argument about, blah, blah, blah they didn't have a copy of the original signed agreement, interest rate from 22% to 63% and no mutual agreement. Judge just glanced over the papers and entered summary judgment. Sometimes you just can't win. So what should I do next? I'm really leaning towards bankruptcy unless I can see some light at the end of this long tunnel. Do you think the attorney is just playing me until they can get some personal property or something? They know I'm on SSDI - faxed to them. I forgot to even claim exempt property, which I believe you have to affirmatively claim here. Can I go back and do that some way by motion or pleading?? I'm on a contract for deed and the property isn't recorded. Two old beat up vehicles that are about to go. One actually belongs to girlfriend, but has my name on title for insurance purposes. About all I can think of right now.
Sorry this happened to you. It is not as bad as it seems .They are not going to be able to get anything from you!
You have nothing except those junk cars.
They cannot seize your SSI check and you do need to let that be known.
Another thing is if they do execute the judgement what will happen is not much except you may have to pay them a piddly amount monthly IF you have anything left after your deductions.
Another thing is if you settle for say 1K then you are going to get issued a 1099C which looks like you made 4K and SSI will see the new amount of income and you may have to pay back some money.This happened to my cousin recently. He settled for less, they issued a 1099C he now owed money back to SSI and taxes. : (
SO I think it just maybe in your interest to let it go and see what happens, as you are basically judgement proof from what you said.
WHo is the JDB anyway?
Don't let the creeps get you down.
Take care of yourself.
ILMD
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