Cousin got call from a JDB

Qtip · 08-27-2006, 06:09 PM

I talked to a familly member yesterday, he was a police officer and became disabled back in 1995. Lost his eyesight and kidneys due to diabetes and has not worked since.

Anyhow, he received a call from a CA last week collecting on a 10 year debt. I did not pull his credit file to see if they have anything listed. Should he request validation or simply REquest they do not contact him any longer?

Gib · 08-27-2006, 06:13 PM

If he just wants them to go away, send a C&D.

Hedwig · 08-27-2006, 06:15 PM

If it's a credit card debt, it's almost for sure out of SOL. I'd tell them to pound sand. If they sue, he needs to go to court but has an affirmative defense.

If it's not a credit card, would need to know state and type of debt to determine SOL.

Qtip · 08-27-2006, 06:28 PM

Funny thing is that he told me he was sued for this debt 10 years ago and has not heard from them in the last 9 years.

Hedwig · 08-27-2006, 06:31 PM

I hope they didn't get a default judgment 10 years ago. If they did, he could have a problem. Then it will depend where his income is from and if it's seizable or not.

roybean · 08-27-2006, 06:32 PM

Quote:

Originally Posted by Qtip

Funny thing is that he told me he was sued for this debt 10 years ago and has not heard from them in the last 9 years.

Maybe you need some more information. I have heard about folks getting a judgment and then just letting it sit to gain interest and fees.

As for DV, I never give up any of my rights. I would ask for validation, but do check on the part about already being sued.

Hedwig · 08-27-2006, 06:35 PM

roybean and I must have been posting at the same time! I think making sure there is no judgment is his first step now.

roybean · 08-27-2006, 06:40 PM

Let's hope your cousin keeps good records. I know some people that have records from years and years ago and I used to wonder why. I know why now. If he doesn't have records, you've got some digging to do.

ilovemydogs · 08-27-2006, 06:53 PM

Quote:

Originally Posted by Qtip

Funny thing is that he told me he was sued for this debt 10 years ago and has not heard from them in the last 9 years.

Hmmmmm I am wondering if he got a default judgment against him.
Who was the OC? Who was the JDB? How much was it for?

If he does not have a judgment against him, I would IGNORE once and then if they call or send a letter, send the out of SOL letter and I bet they will be gone.

Hopefully this is the case.

ILMD

ilovemydogs · 08-27-2006, 06:54 PM

Quote:

Originally Posted by Hedwig

roybean and I must have been posting at the same time! I think making sure there is no judgment is his first step now.

I see we three think alike. I should have read all the replies I guess, but I am the type that has to read the newspaper from front to back and not go right to the movies. : )

ILMD

centex · 08-27-2006, 07:15 PM

Quote:

Originally Posted by ilovemydogs

If he does not have a judgment against him, I would IGNORE once and then if they call or send a letter, send the out of SOL letter and I bet they will be gone.

Regardless of which way this goes, the clock should be viewed as ticking. Figure out where the litigation occurred and what came as a result. Get copies of everything in the Clerk's file. Review the SOL on judgments as well as the renewal process.

YOU MUST ALWAYS REMAIN IN THE POSITION OF KNOWING MORE ABOUT THE ACCOUNT THAN YOUR OPPONENT!!!

ilovemydogs · 08-27-2006, 07:23 PM

Quote:

Originally Posted by centex

Regardless of which way this goes, the clock should be viewed as ticking. Figure out where the litigation occurred and what came as a result. Get copies of everything in the Clerk's file. Review the SOL on judgments as well as the renewal process.

YOU MUST ALWAYS REMAIN IN THE POSITION OF KNOWING MORE ABOUT THE ACCOUNT THAN YOUR OPPONENT!!!

Yes! I think this is why I won my last two little cases as the attorney didn't know what was happening.

DITTO with your enemies as well.
What was the saying? "Keep your friends close and your enemies closer?"
You must also have always heard the saying "Never ask a question you do not know the answer of"

Have you ever thought of being a consumer lawyer, centex?

You would be great!

ILMD

centex · 08-27-2006, 07:27 PM

Quote:

Originally Posted by ilovemydogs

Y

Have you ever thought of being a consumer lawyer, centex?

You would be great!

LOL...I would also have to drastically revise downwards my standards of living...there is simply not enough money to be made in the consumer realm. Let's face it...the class action paydays are few and far between. And since most people in these forums seem reluctant to provide a retainer, that can mean the attorney is dealing with no income streams of note while cases are pending...

ilovemydogs · 08-27-2006, 07:54 PM

Quote:

Originally Posted by centex

LOL...I would also have to drastically revise downwards my standards of living...there is simply not enough money to be made in the consumer realm. Let's face it...the class action paydays are few and far between. And since most people in these forums seem reluctant to provide a retainer, that can mean the attorney is dealing with no income streams of note while cases are pending...

I must be in the minority then, as in two cases that I got dismissed that were big ones, I hired two different attorneys. The first one was a slacker but we did win and it cost me $5,000.
The second one the lawyer was GREAT although he did have me helping him via AoC and CB and it cost me $4,000, and the suit was for more than the first one.
I never was able to find a lawyer who worked on a commission basis and so far any lawyer Ihave ever had wanted at least a $2,000 retainer.
Their hourly fee was anywhere from $275 to $400 an hour.
The last lawyer I had was really a trust attorney, and since my case has now turned his interest into consumer law.

He says business is very good : )

ILMD

centex · 08-27-2006, 08:01 PM

ILMD...it would probably put things in better perspective if you knew how much we brought in with our present area of expertise...suffice it to say, it is generally a $10K minimum coming in the door. And, on a per hour basis, that does not begin to touch what I make as an expert witness...

That isn't to say that some could be comfortable in consumer law...but it would require a decrease in my standards of living if I was only grossing $4-5K per case...

Gib · 08-27-2006, 08:10 PM

Ack!! My answer was WRONG! Didn't know they had already sued him for it. On the up side, if his income is all disability, he might be judgment proof.

Here, a judgment (lien on real property) is good for 10 years and renewable for another 10. Judgment liens on personal property lapse after 5 years.

Hedwig · 08-27-2006, 08:14 PM

We don't know for sure that they got a judgment, we're assuming.

And Social Security or federal pensions are exempt, but state or local may not be. That's why I said we need the source of income, and the state. State laws are so different.

Qtip · 08-27-2006, 09:26 PM

I will call him tomorrow and get more details, I think he has a small pension "$300 dollars" per month. He resently got that, he does not owns anything.

ilovemydogs · 08-28-2006, 09:47 AM

Quote:

Originally Posted by centex

ILMD...it would probably put things in better perspective if you knew how much we brought in with our present area of expertise...suffice it to say, it is generally a $10K minimum coming in the door. And, on a per hour basis, that does not begin to touch what I make as an expert witness...

That isn't to say that some could be comfortable in consumer law...but it would require a decrease in my standards of living if I was only grossing $4-5K per case...

Well congrats on the income
You do VERY WELL. : )
ILMD