Q: I have a vehicle and got behind on payments, I looked at my credit report and all 3 credit reports show that the ford credit charged off the debt for the full amount owed, and now they sent me a summons, for the same amount they charged off, is this legale? It likely is, though once they sell the ...Read More »
You don’t actually file a judgment proof status. You may be considered “Judgment Proof” during periods of unemployment or while drawing disability pay or disability retired pay. Also, if you have no assets such as home, car, land, and other big-ticket items. In other words, you have no money and can prove it! Judgment-proof is the commonly used term but ...Read More »
If a judgment is in my name only, can the plaintiff or court change it so the plaintiff can collect from my wife or any of my children?
If the only reason for requesting an amendment is to collect from someone other than you then the answer is no. In order to change (amend the judgment), the plaintiff would need to prove that your wife or children were a party to the issue. There may be instances where discussing your situation over a public forum could potentially compromise ...Read More »
Disputing a Debt: Are we still able to dispute a debt even though the agency is saying it’s been over 30 days since the original letter to us was sent?
We have been in contact with the original creditor because we wanted our bill reduced or taken off for some faulty car repairs; but haven’t had much success. Today we received a call from a collection agency stating they have sent out a few letters and haven’t received any sort of response so they contacted us by phone. To date, ...Read More »
What legal means can a plaintiff use to obtain proof of my assets (cars, boat, jobs, etc.) in a small claims judgment?
Once a judgment is obtained, the judgment-creditor can garnish wages or levy bank accounts, but the creditor must know your employer and other information about you to perfect these remedies. To gather this info, the court can order a “debtors exam.” During this process, debtors are asked personal questions (that the debtor must truthfully answer) about the existence and location ...Read More »
Answer: Re-aging credit card debt and other past due accounts resets the clock and may give you, collectors and creditors a fresh start, so be careful! Creditors DO NOT have to re-age past due accounts. But when they do without your permission or payment, their actions may be in violation of the Fair Credit Reporting Act and the Fair Debt ...Read More »
Answer: The Truth in Lending Act and the Uniformed Commercial Code (UCC) requires any credit contract to come with a full disclosure statement that clearly spells out the terms of the contract. Many states also have consumer laws that speak to full disclosure. If you have delinquent accounts, you would be well-served by talking to a Debt Help Lawyer. Click ...Read More »
I got letters from a dept collector and asked for validation on 4/21/06. They never validated the debt and they filed suit. I went to court but only their advocate showed up. I told her that I had requested validation but received none. She had no paper work but asked the clerk to continue the case. They gave them 90 ...Read More »
The proper term is Court Judgment. A court judgment is the final decisive act of a court in defining the rights of the parties. It includes a decree and any order from which an appeal lies. Other terms commonly used include, default judgment, civil judgment, foreign judgment, and judgment proof. There may be instances where discussing your situation over a ...Read More »
Judgment-proof is the commonly used term but a more accurate term would be “execution-proof”! Although creditors and debt collectors win lawsuits, they still have to collect from you, but if you are penniless then you are at least temporarily insulated not from judgment but from execution of the judgment (the collection of the debt) You may be considered “Judgment Proof” ...Read More »