 | | Question About Civil Suit To Obtain Judgement....
12-15-2008, 05:00 AM
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#1 | | New Member
Join Date: Dec 2008 Location: Cali
Posts: 5
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I have a question regarding a CA
a friend of mine who is disabled received a letter from some bottom feeder collection agency (I know this now after doing some research) stating she owed about $1500 on a old providian credit card debt
She had a few cards that she stopped paying on and honestly she cant even recall the original credit limit
I called the number back on the letter (this is where it gets good) for her and acted like I was representing her...lol
So I asked the first rep for debt validation...I told her to log it as a verbal dispute
I was put on hold...then the 'manager' gets on the phone
tells me my client is stealing and that she will sue my friend in court..get a judgement against her and collect that way
I said "are you aware you cant take her disability money?"
she says "there are no barriers"
my question is... have you ever seen a CA go after someone in a civil suit to obtain a judgement when the defendant has NO ASSETS & NO INCOME other than SSI disability??
lmfao....I didnt know these collection agencies are getting that desperate nowdays
I also read that with this particular company after you send in a DV letter via certified mail (which I intend to do first thing tomorrow morning) they will send you back a 1099c OR send you back some other letter stating what is it that you are disputing
again...she has no money...her worth in money is $0
is it possible??..to attempt this on someone with NOTHING??
ill be sure to have a copy of the DV letter proving she sent it certified for the judge the day she has to go to court
the CA by the way is Portfolio Recovery Associates |
| | | | Re: Question About Civil Suit To Obtain Judgement....
12-15-2008, 08:32 AM
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#2 | | Administrator
Join Date: May 2006
Posts: 2,756
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First of all stop "representing" your friend. In some states, depending on the source of the income, her disability checks can be garnished.
How old is the debt?
Have her DV the CA. BTW - a verbal DV is no good. Read the FDCPA.
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
| | | | Re: Question About Civil Suit To Obtain Judgement....
12-15-2008, 06:31 PM
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#3 | | New Member
Join Date: Dec 2008 Location: Cali
Posts: 5
| Quote:
Originally Posted by Enigma First of all stop "representing" your friend. In some states, depending on the source of the income, her disability checks can be garnished.
How old is the debt?
Have her DV the CA. BTW - a verbal DV is no good. Read the FDCPA. | After a little research I have come to find out that the SOL in California (my friends home state) is 4 years
the CA revealed to me the last record of payment was DEC 2004
so I had her send a DV to the CA via CMRRR
while they fiddle around with the paperwork the SOL should expire next month
as far as garnishing social security disability...from what I read on their website...disability checks cannot be garnished
maybe you are thinking about a different type of disability...my friend is not older...she is younger and never worked because of her illness
her disability income is Supplemental Security Income Payments
Last edited by Well Informed™; 12-15-2008 at 06:34 PM.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
12-20-2008, 06:16 PM
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#4 | | HONORED GUEST
Join Date: Nov 2006
Posts: 296
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No, Enigma is correct and you should trust his word. Secondly, you do in fact need to send a written validation request. Third, I have seen PRA sue for anything against anyone. I have also sued them and they're no daisy.
Finally, do not get on taped line and "act like your representing" someone unless you're an attorney or representing someone before an administrative body wherein you do not have to be a licensed attorney; i.e., SSA, IRS, certain Human Rights Commissions. Otherwise, you are committing the unauthorized practice of law which can carry criminal penalties in some states. Just be careful.
__________________ http://www.apexcreditservices.com
No part of the post above or anything posted by us herein is to be considered legal advice. If you seek legal advice, contact a licensed attorney within your jurisdiction. No part of our website link, including clicking upon it, constitutes an offer of any kind or an advertisement to seek an agreement of any kind. Its placement here is for informational purposes exclusively.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
07-03-2009, 03:07 AM
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#5 | | Member
Join Date: Jun 2009
Posts: 118
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Regarding social security disability, or supplemental security income (what your friend is on, probably because she did not earn enough working credits) are exempt from seizue IF: They are in a bank account that is not co-mingled with any other monies, i.e. that the bank acct. only contains ssda (disability), or ssi (supplemental security income), if any other monies are co-mingled, say a check for a refund from a purchase is in that acct. than that acct. is not exempt it contains co-mingled funds. The acct. would have to show s.s.i. deposits only. It also would be vulnerable if it were a joint acct w/another person. It is a difficult process, almost impossible to recover s.s.i. funds if a joint acct. because that would have to be proved, and the time line is very short to my understanding. Disability accts. not co mingled are vulnerable also if the debt is govt. related, examples, child support, IRS, student loans, state, county, or city taxes.
I believe disability accts that are not social security related, another words, disability payments that are privately made by an employer for benefits provided by the employer are vulnerable to seizure.
Social Security disability income is exempt, for the most part, but there are loopholes.
Some CA's may try to exploit a persons not being educated to co-mingling, mostly.
Bank guidelines (Barney Frank made this point in Congress last year) are to investigate the source of deposits before remitting to local authorities. Most banks however will remit the funds anyway, for fear of non compliance w/a court order. I have spoken to several banks about this and their answer is they will comply w/court orders. If they do, it is your responsibility to inform the attorney representing the creditor (as long as all ducks in order) that the funds are non-comingled exempt social security funds, and therefore should be returned to the debtor, providing of course the debt is not IRS, student loan etc.
If you are collecting social security disability funds of any sort, the s.s.a. (soc. sec. admin.) reccomends that you inform your bank of the nature, and exemption of those funds, by letter. I spoke to only one bank, suggested by the s.s.a. that had a policy of not transferring funds, allowing for six days investigation of the source of those deposits.
I hope the original poster, or someone w/knowledge of these regulations will post here, because I think that there may be many people in debt due to illness, who are not aware of these regulations.
The s.s.a will issue funds via a card, like a credit card, or a payers representative can be appointed if anyone is in this situation and not sure of the regulatins. Someone w/o this knowledge can really be hurt, put in a situation where they could not pay utilities, rent, and be threatened w/homelessness, if a heartless CA took advantage, (and it is my understanding that they do) of someone who was w/o education regarding some of these regulations.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
07-04-2009, 10:36 AM
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#6 | | Administrator
Join Date: May 2006
Posts: 2,756
| Quote:
Originally Posted by rescue me Regarding social security disability, or supplemental security income (what your friend is on, probably because she did not earn enough working credits) are exempt from seizue IF: They are in a bank account that is not co-mingled with any other monies, i.e. that the bank acct. only contains ssda (disability), or ssi (supplemental security income), if any other monies are co-mingled, say a check for a refund from a purchase is in that acct. than that acct. is not exempt it contains co-mingled funds. The acct. would have to show s.s.i. deposits only. It also would be vulnerable if it were a joint acct w/another person. It is a difficult process, almost impossible to recover s.s.i. funds if a joint acct. because that would have to be proved, and the time line is very short to my understanding. Disability accts. not co mingled are vulnerable also if the debt is govt. related, examples, child support, IRS, student loans, state, county, or city taxes.
I believe disability accts that are not social security related, another words, disability payments that are privately made by an employer for benefits provided by the employer are vulnerable to seizure.
Social Security disability income is exempt, for the most part, but there are loopholes.
Some CA's may try to exploit a persons not being educated to co-mingling, mostly.
Bank guidelines (Barney Frank made this point in Congress last year) are to investigate the source of deposits before remitting to local authorities. Most banks however will remit the funds anyway, for fear of non compliance w/a court order. I have spoken to several banks about this and their answer is they will comply w/court orders. If they do, it is your responsibility to inform the attorney representing the creditor (as long as all ducks in order) that the funds are non-comingled exempt social security funds, and therefore should be returned to the debtor, providing of course the debt is not IRS, student loan etc.
If you are collecting social security disability funds of any sort, the s.s.a. (soc. sec. admin.) reccomends that you inform your bank of the nature, and exemption of those funds, by letter. I spoke to only one bank, suggested by the s.s.a. that had a policy of not transferring funds, allowing for six days investigation of the source of those deposits.
I hope the original poster, or someone w/knowledge of these regulations will post here, because I think that there may be many people in debt due to illness, who are not aware of these regulations.
The s.s.a will issue funds via a card, like a credit card, or a payers representative can be appointed if anyone is in this situation and not sure of the regulatins. Someone w/o this knowledge can really be hurt, put in a situation where they could not pay utilities, rent, and be threatened w/homelessness, if a heartless CA took advantage, (and it is my understanding that they do) of someone who was w/o education regarding some of these regulations. | The information presented here is not entirely correct.
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
| | | | Re: Question About Civil Suit To Obtain Judgement....
07-04-2009, 07:50 PM
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#7 | | Member
Join Date: Jun 2009
Posts: 118
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Enigma wrote: "The information presented here is not entirely correct."
I believe I wrote the basics of Florida ssdi rules. I encourage your input, and look forward to learning as much as possible.
Thank you for any information, and look forward to your input.
A recent documentary about unemployment figures, mentioned those not counted on disability, and a large uptick in disability applications. I appreciate your taking interest in those of us who have become ill. It shows concern, and I assure you that those of us who have medical problems, to go along w/debt concerns will take as much advice as I/we can get.
It is difficult sometimes, for someone on disability, because there may be no road back to the mainstream. Medication, and obtaining it, becomes a cost of living expense even if in a program with a large company like Pfizer, there is a fee. My medications are obtained from a company in this fashion, yet there is a substantial reduced cost. It is appreciated that large companies have these programs, but they become part of a necessary budget, as well as the monthly Dr. visit.
I assure you my intentions were good and I look forward to learning as much as possible.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
07-04-2009, 11:30 PM
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#8 | | Administrator
Join Date: May 2006
Posts: 2,756
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Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
* Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
* Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;
* Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
* The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
* The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
| | | | Re: Question About Civil Suit To Obtain Judgement....
07-05-2009, 03:45 PM
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#9 | | Member
Join Date: Jun 2009
Posts: 118
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Thanks Enigma. This one I was not familiar with, but when I read thru it, still refers to govt. debts. * The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency:*It gives collection agencies that are collecting for the government, power to seize s.s. deposits.
Though I am not indebted to any govt. agencies, it seems that certain Attys. will still try to go after exempt funds, from the private sector. I can only guess their motivation would be to take advantage of those not knowing their rights.
I hope anyone reading this understands that sometimes someone dealing with illness may know and understand these rules, but anxiety, depression still cause worry and fear. I believe any attny. that sues someone knowing that someone is on disability, unless that person is well heeled, are reallly without morals, compassion.
I live month to month, without assets, or property, and in a state of fear, despite knowledge of the exemptions.
Don't get me wrong, there are people who are collecting disability who have working spouses, or own homes, have investments. I am not one of them.
Last edited by rescue me; 07-05-2009 at 03:58 PM.
Reason: grammar, and sentence on long stretch, don't know how it got there way down on bottom. From other post?
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| | | | Re: Question About Civil Suit To Obtain Judgement....
07-05-2009, 06:24 PM
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#10 | | Junior Member
Join Date: Jun 2009 Location: Idaho soon to california
Posts: 39
| Quote:
Originally Posted by rescue me Thanks Enigma. This one I was not familiar with, but when I read thru it, still refers to govt. debts. * The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency:*It gives collection agencies that are collecting for the government, power to seize s.s. deposits.
Though I am not indebted to any govt. agencies, it seems that certain Attys. will still try to go after exempt funds, from the private sector. I can only guess their motivation would be to take advantage of those not knowing their rights.
I hope anyone reading this understands that sometimes someone dealing with illness may know and understand these rules, but anxiety, depression still cause worry and fear. I believe any attny. that sues someone knowing that someone is on disability, unless that person is well heeled, are reallly without morals, compassion.
I live month to month, without assets, or property, and in a state of fear, despite knowledge of the exemptions.
Don't get me wrong, there are people who are collecting disability who have working spouses, or own homes, have investments. I am not one of them. | Before i was disabled i worked for a casino and at no time did they ever say We don't need you because your sick.In fact because of my skill they let me come in and work and if i got tired or sick they had a room and an in house doctor check on me and if needed treat me.They told me if i couldn't work any longer i would be the one to tell them.And they would help me get on disability.And you can own a home on disability,in some cases work without losing benefits.My spouse works but we don't own a home.Now I'm on full ss.And not disability.I fear nothing from those bottom feeders. |
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07-06-2009, 04:54 AM
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#11 | | Member
Join Date: Jun 2009
Posts: 118
| Bravo, I lived in Vegas for a while.
You were fortunate. The amt allowed to earn is 950, while on disability.
I think that you have gone to full s.s. and go over $25,000, a dollar tax for every two earned?
I hope to get back to the mainstream, but its been difficult.
Oh well what ever happens in Vegas, stays in Vegas, and that was about 1980 for me.
I never could crimp those chips, and even wound up a collector there. And no IRS in the cages the dealers were 23 years old and making forty, fifty thou a year, craps and bacarat. But they got off of work went across the street and blew it. And I had to call them for their loans.
Nice meeting you JJ, small world.
I could be taking a chance, I may want to wait them out, as I don't fall under those rules of judgement liens. Whether I could take the calls to my neighbors is another story.
I go back and forth from those yellow pages for bnkrptcy attnys, and counting every last dime and bugeting like Timothy Geitner. |
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08-20-2009, 01:21 PM
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#12 | | New Member
Join Date: Aug 2009
Posts: 10
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what if you are 68yrs old and on socialsecuritydisability and the the debt collector is trying to sue you for 1100.00 and you just barely have enough money to get by on? You have no home, own no car and have nothing of any valve, but they are still going to take you to court for a bench trial. They dropped the 11,000 one, but the won?t drop this one and I say I don? owe this one either, and they have never showed me vaiidality and the last court date they only wanted 10percent of the total and I said no, because they won.t show me I owe it. The court cost is mounting up to over 200 hundred and that is alot for me if I have to pay for it, What do I do? Do I go to court for the 3rdd time and let them set another court date and add more court cost to me if I have to pay? I have had open heart surgery, 5stents, two ballons, C.A.D.,P.A.D. and diabtetes. I also have CHd and this is why Iam not able to work. What shoul I do?
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| | | | Re: Question About Civil Suit To Obtain Judgement....
08-21-2009, 03:38 PM
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#13 | | Member
Join Date: Jun 2009
Posts: 118
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They will continue to hassle with you making you appear they don't care. I was wondering if you would state which law firm it is please state the name, for instance it may set off someones knowledge, I know a N.Y. lawyer being investigated for serving irregularities in N.Y.
Now, I am also a Social Sec. pensioner, only income, and ill. Get your money in a special account called E-T-A. An ETA acct. handles only social security income. The bank will not turn over the money of an ETA account, just in case you miss one of those court apperances, and that is what they are counting on, to get a default judgement.
Let me explain it again. The ETA acct. in case they somehow get a judgement, is exempt from judgements, unless they are government debts, child support, or alimony payment judgements. So, if you mess up and they get the judgement (and don't want to go thru hassle of opening) they will never collect. Another words you are collection proof they can put a lien on a house if you have one, if disability car is protected, and think car protected under social security also.
Google eta accounts social security and should take you to a social security page that will give you the banks that offer these accts. in your area. I would move fast on this get money in that account, because they will freeze your bank acct if you mess up and they get that judgement. Also no other monies can be co-mingled in account, so if you have joint acct. with someone get money out now, to be safe. You can open the ETA acct on line at the s.s. page, or go in person, they even called social security for me.
So, even if you miss showing up, and they will keep you going to court, make sure in the event they somehow get this judgement that they can't collect. Also what state is it in, what is statute of limits?
Main thing is keep money safe, even if you have to keep money in your home, for now, get that eta acct and have all s.s. pmts deposited there. In each metro area, there are few banks offering protection, e.g. N.Y. I think there is only three banks offering this service.
Get moving fast, and keep going to court. Should be dismissed, what is basis, besides harassment that they keep you coming back. This is how they work, till you give up, then they will grab your banking, they probably know your bank, I'm not sure they would keep having you come back unless they knew you had asset/assets/bank acct. Go, fast get that acct. for s.s. and no problem even if they get judgement your money will be safe.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
08-25-2009, 10:37 AM
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#14 | | New Member
Join Date: Aug 2009
Posts: 10
|  Quote:
Originally Posted by rescue me They will continue to hassle with you making you appear they don't care. I was wondering if you would state which law firm it is please state the name, for instance it may set off someones knowledge, I know a N.Y. lawyer being investigated for serving irregularities in N.Y.
Now, I am also a Social Sec. pensioner, only income, and ill. Get your money in a special account called E-T-A. An ETA acct. handles only social security income. The bank will not turn over the money of an ETA account, just in case you miss one of those court apperances, and that is what they are counting on, to get a default judgement.
Let me explain it again. The ETA acct. in case they somehow get a judgement, is exempt from judgements, unless they are government debts, child support, or alimony payment judgements. So, if you mess up and they get the judgement (and don't want to go thru hassle of opening) they will never collect. Another words you are collection proof they can put a lien on a house if you have one, if disability car is protected, and think car protected under social security also.
Google eta accounts social security and should take you to a social security page that will give you the banks that offer these accts. in your area. I would move fast on this get money in that account, because they will freeze your bank acct if you mess up and they get that judgement. Also no other monies can be co-mingled in account, so if you have joint acct. with someone get money out now, to be safe. You can open the ETA acct on line at the s.s. page, or go in person, they even called social security for me.
So, even if you miss showing up, and they will keep you going to court, make sure in the event they somehow get this judgement that they can't collect. Also what state is it in, what is statute of limits?
Main thing is keep money safe, even if you have to keep money in your home, for now, get that eta acct and have all s.s. pmts deposited there. In each metro area, there are few banks offering protection, e.g. N.Y. I think there is only three banks offering this service.
Get moving fast, and keep going to court. Should be dismissed, what is basis, besides harassment that they keep you coming back. This is how they work, till you give up, then they will grab your banking, they probably know your bank, I'm not sure they would keep having you come back unless they knew you had asset/assets/bank acct. Go, fast get that acct. for s.s. and no problem even if they get judgement your money will be safe. | |
| | | | Re: Question About Civil Suit To Obtain Judgement....
08-25-2009, 11:00 AM
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#15 | | New Member
Join Date: Aug 2009
Posts: 10
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The attorneys names are Blitt and Gaines, p.c. of Wheeling Illinois and are suing on behalf of Cach.LLC who bought the debt from providian. The statuate of limitations is five years in Illinois and this runs out in June of 2010. Here is the best one yet. I went to court on the 25th of June on two accounts. The big one was dropped. On June 26th the office of Blitt anf Gaines called me and wanted to know what happened in court, because noone had let the know anything, so I told them one was dropped and the small was not. Well you believe that I got a letter on July 17th posted July 8th wanting me to pay this bill plus 852.37 more than the amount that was dropped. I called them and they acted like they didn't know that it had been dropped even though they had called me June 26th. I am thinking about sending a copy to the fair debt collection of the letter that saying it was dropped and the letter I got saying I still owe it. What shoul I do?
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08-25-2009, 03:06 PM
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#16 | | Member
Join Date: Jun 2009
Posts: 118
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Ok, did you get your E-T-A acct? Now, I would discourage you from communicating with that creditor. By doing so, you gave them information to start dunning you again, the thing is the more money they have to spend and time spent chasing something uncollectable, will be the thing that will make them move on to other accts they have to work.
This close to statute of limintations, what ever you do, don't let them talk you into making a partial payment. Unless you decide (and it seems unlikely from previous posts) to make a settlement. Should you decide to settle, just don't settle, remember there is plenty of info here, on how to go about it.
A little off topic, but a reminder. Again, a reminder, communication with the creditor is discouraged, as you can see the result. If you make a payment, you will restart the statut of lims.
Unless someone reads this and knows of complaints, and actions already being taken against these attnys. I would google them with the words attorney general, and federal trade commission to see if there is a history of abuse by them.
Whether, or not, there is a case of abuse, yes I would place a complaint against them for contacting you about a debt that a court has deemed not a just and legal debt.
Now I am not an attorney, and this is not legal advice, just based on my knowledge of being on both sides of credit and collection.
Administrators, should, probably will correct me, and intervene if what I have written is not valid.
Again I am not dispensing legal advice, just knowledge from working for attorneys who did collections on purchased accounts, and being a debtor myself.
I really want to urge you, strongly, to end any joint accts. you have, savings, or checking, and open that E-T-A account, and do not co-mingle any funds with the savings acct.
What kind of collection attorneys don't show up in court? Hmmm if they were representing me, and I owned the debt, the only contact I may have, were I you, is with the owner of the account, I'm sure they would like to know about the pending complaint you are going to make, and their use of the courts as a collection agency. That is to say their representatives.
Complaint to Federal Trade Commission, and any state consumer agencies, in Illinois, shoud they exist, other than the attorney general of Illinois. Keep in mind, if the state of Illinois laws are stronger than the FDCPA, then the state law will apply.
Not legal advice, but I hope helpful advice, as I wrestle w/the same alligators here in Florida.  Keep us posted, I want to bring light, and help, if I can.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
08-26-2009, 01:16 AM
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#17 | | Member
Join Date: Jun 2009
Posts: 118
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Blitt and Gaines all overt the internet boards, the consumer sites. The posts, as to the way they operate were horrible.
Really, amongst the worst out there. I found three attorney general complaints / suits, state of Illinois against them in 08, probably more, that was without much work.
The consumer protection sites, the posts there, were amongst the worse I've seen, please search our site.
I might be ok at finding and understanding some of the things I wrote about, but I applaud your handling case this far. Don't know, you'll be advising me soon, as I question affodavit, who signed, etc. on initial summons.
Good job!!!
I haven't searched here, probably ol Blitt and Gaines right here.
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09-24-2009, 04:35 PM
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#18 | | New Member
Join Date: Aug 2009
Posts: 10
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I go to court on oct23 for the 2,000 which they didn.t drop. I sent a copy to the Ill. lawers who handle fraud for the consumer which the 10,000 was dropped and filed by the court, but the are still trying to collect over 11,000. Who pay for the court cost? I have been told there is too much red tape to take my social security since Iam on disability and not to worry and everthing was put in my son and daughter's name 4 yr. ago.
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09-25-2009, 01:46 AM
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#19 | | Member
Join Date: Jun 2009
Posts: 118
| Re your son and daughter's name I still urge you to have disability in s.s. e.t.a. protected acct. and not co-mingled with any other funds.
Again,,,,,,Google social security eta acct will take you to websites, one will be s.s. and you can get the bank in your area that will protect your funds.
It searches by zip code. And gives you the nearest bank, that will protect your disability funds.
Have you checked this attorney firm out. I didn't run it again, but man they look like real ,,,,,,,,,,,ho, hum, PROGRESSIVES
Don't lay down for them now. |
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09-26-2009, 01:20 PM
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#20 | | New Member
Join Date: Aug 2009
Posts: 10
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They are being checked out by the Ill. law firm who handles fraud cases am sure. THIS IS THEIR JOB. I should be hearing from them soon. There is no way they can get out of this for I sent a copy showing where they are trying to collect something already dropped and filed with the court. My only concern is the court costs are mounting up each time I go to court. Since this one will be a bench trial, maybe this will be the last one. Knowing them, they will probably want to postpone it for another time and that means more court cost. I sure hope I don't have to come up with all of this.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
09-29-2009, 10:45 PM
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#21 | | Member
Join Date: Jun 2009
Posts: 118
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Well court costs would be a debt that they could tap your social security. I don't know where on the site there would be reading about court costs, I will try to search now.
Else will have to send message to administrator. It's a good question. As you know much of this site is self help, so maybe we can find out about court costs, I'll try. If can't find it here, I'm sure if you/I wnt off site, well you can google court costs your court, or area, what and how determined.
Court costs, wow there has to be something here about court costs. Seems so important now I agree with you, not experiencing it, I didn't think of it.
Now I'm thinking anyone who has disability, or s.s. income may be taking a chance. Govt debts are one of the exemptions to lien those ETA accts don't recognize. Govt debts, alimony, child support. Ohhhhhh me oh my. |
| | | | Re: Question About Civil Suit To Obtain Judgement....
09-29-2009, 11:08 PM
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#22 | | Member
Join Date: Jun 2009
Posts: 118
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I couldn't find any specifics discussing court costs. I would google, off the site, unless someone has specific info.
'weak area for me, but thanks for the wakeup call. Might be better if on SS or disability to let them have their judgement, if court costs could break the protection afforded to ss recipients by an eta, if they owe court costs.
I wish, hope someone answers the question.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
09-30-2009, 01:24 PM
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#23 | | New Member
Join Date: Aug 2009
Posts: 10
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I have checked everywhere and I can't find anything on court costs. I did check on the ETA account and it is really not for me. You can only draw out four times a month abd no checking. Am I right? I have most all my bills drawn from the checking acct. each month. This way I don't have to worry with them getting paid. My understanding with the ETA you can't do this.right? Well anyway on the other subject, I did talk to a lawyer and he said they are not going to take any money from my social security for there is so much red tape to go through it isn't worth it, but I failed to ask him about the court cost. He said even if they took a judgment there is nothing they can get and down the road it will be dropped, especially on that little amount and he is surprise they have even went this far not coming up with the signed document which they won't have anyway. The only thing I am really worried about is the court costs and I have searched several places and can't find anything on it. Thankyou for your input.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
09-30-2009, 03:41 PM
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#24 | | New Member
Join Date: Aug 2009
Posts: 10
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I finally found court cost on ask the expert. It is figured in with the bill. Your s,s disability cannot be touched only if it is gov. related. They said to make sure and call my bank and tell them that nothing is to be froze from my account, because my only deposit each month is my s.s. and also I am to tell the judge that when I appear. They cannot touch my checking account when there are no other deposits in there. They also told me to be prepared to the judge that I just barely get by each month and have it all written out. I guess am on my way now.
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| | | | Re: Question About Civil Suit To Obtain Judgement....
10-03-2009, 05:54 PM
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#25 | | Member
Join Date: Jun 2009
Posts: 118
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Sorry for the time lag, as health and responsibilities have really been slowing me down.
Depends on the bank that is doing the ETA. You probably got that info from s.s. site. My ETA bank allows a checking account and is letting me have unlimited transfers from chckng, though I keep it low, and six from the savings. It is up to the bank.
I like the part about telling the judge about the non comingled funds. I know what your attny said I noted that also. I will tell you however, that every bank I talked to till I found local ETA provider told me they didn't care if they got a court order they would transfer funds per sheriff to attny. I argued w/several of them illegal. They said they didn't care, you had option to get money back from attny who sued. I think there is ten day time limit you go thru sheriff. Now at other sites I read about attnys, don't know if one you are dealing with, purposely make errors when they send paperwork back to sheriff, so it will go past ten days, and you will have to sue to get money back. That is how corrupt they are. And the bankers told me-even legal dept of one that they were afraid of being sued, or fined for not complying with court order, and will always transfer funds per sheriff direction, you work it out w/sheriff.
Tell your attny. or see what your bank says if they got lien, ask them what they would do - I spoke to at least four , five banks, till found ETA provider best I could get was we would wait ten days and consider deposits, every other bank said they knew the law, re s.s., but were more afraid of suit, or violation of not complying with sheriffs directive. Now this is in west central Fl. don't know where you are, tell your attny to read this, or tell him what I said. Also soc. sec. people will urge you to go ETA, this is a big problem addressed by Barney Frank in Congress last year.
God Bless.
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