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Peace
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Subject: Hope
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Thu Jan 10, 2008 8:51 pm
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| Hi all... What is the worst that could happen? My hubby and I have gone through very similar situations with debt that due to circumstances beyond our control, got out of control. We have gone from the evil debt collectors yelling at us through the phone, to the calls stopping after we told them that we knew our rights, and that any further communication must be in writing. Now we are receiving all kinds of notices and summons and paperwork saying that a judgment has been filed, or may be filed, it is very confusing. But we met with our pastor about the situation and the stress it was causing us, and he shared something very simple and yet it changed our whole situation around. He asked us what is the worst that could happen? He told us to educate ourselves and learn our rights, and that unless it was a mortgage company or a tax collector, they could not take anything from us. He told us that we were stressed out b/c we were allowing ourselves to be affected by it, instead of focusing on a plan to get things resolved and not allowing the tricks of the debt collectors to throw us off track and distract us. When we began to reject any negative feelings caused by mailings and phone calls, and just focus on a plan to save money and try to settle the debts when possible, we just had so much peace and our lives are much happier, although the situation is not yet resolved. So much of the experience is what you allow yourself to feel. Nothing changed from the mailings and threats, but we changed our attitude, and we have peace and are now moving forward regardless. As long as you know in your heart you are trying to do the right thing, and you know that God knows it to, be at peace and let the Lord fight your battles while you prepare to resolve what you can. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1224 Magic Points
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Fri Jan 11, 2008 12:56 am
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Peace,
These debt collectors were my biggest source of stress for a long time, I still owe a few and am waiting to go to an aribitration hearing, like you I experienced the rudeness, the ignorance and the lies that debt collectors will use to get to you. Two things you need to remember.
1. They can not get a judgement unless there is a court proceeding.
2. If you are served a summons, make sure that you answer it or they will win by default and you don't want that to happen.
Thank you for coming here and posting this information, I am sure that it will help someone out there who is experiencing the stress and anxiety of these debt collectors.
I hope that you find a way to deal with these guys, glad to see that you are refocused, stick together and don't let this affect your marriage, you married for better or for worse in the eyes of god, let him see you bond and fight as one. You will come through this fine, it is just a time for struggle and will be resolved one way or another, hang in there.
best to you, and thanks again for posting. You should register, you could be posting, helping others out and making some money towards those debts.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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abrase
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Subject: judgment from 1991
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Wed Jan 16, 2008 8:23 pm
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this judgment was entered on 1991 , and this is the first time I hear about it ... the collection agency is telling me I have to answer a page
with 17 questions with name sof bank account , personal value and every
thing I own , which is nothing except for my car that doesn't value more
than a thousand .... I have some money in my accaount but is for my grand dauther and I have 14 days to answer all this questions ... they tell
me I can vacate this judgment by making a motion in court , but any way I have to answer the questions ... any help ???? |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 621
-55 Magic Points
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Wed Jan 16, 2008 10:58 pm
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I would not answer those questions, they will be into your bank account and clean it out. Can you afford an attorney, If not you need to visit naca.net and see if there is one on there that is in your area.
I would not give these guys any information, it is a tricky way to make their way into your account and rip you out of money.
Please keep us updated on what you plan to do.
Oh, and welcome to the forums! |
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abrase
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Wed Jan 16, 2008 11:11 pm
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yes but they said that , false or misleading answers may be subject to punishment by the court .. but I don't care I'm closing my check account
so I don't have to lie when I say I don't have any account ...I don't want
to be in trouble not telling the thruth ... what even happen after that , who knows ... but I'm going to court tomorrow to complain .....
Thank you guys you make me feel I'm not alone in this mess ... see you...... |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 621
-55 Magic Points
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Fri Jan 18, 2008 12:01 am
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abrase,
you are definately not alone here, goodnatured has a post on arbitration on here, I think that she has been through it all when it comes to the path of credit card debt, I am sure that good will be willing to answer any questions that you have about how to handle them.
We are here for each other, hang in there and keep us updated.
I wanted to take the opportunity to welcome you to register, then you can make a little money while you are getting guidance on your issue, before you know it you will be able to give someone else advice that may come here in the same situation as you.
Please keep us updated and goodluck with this. |
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SunDevilsFan
Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 189
Location: Sunny Arizona
6612 Magic Points
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Fri Jan 18, 2008 1:21 am
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abrase, No, you are not alone sweet heart... We all have been through this or are currently going through crap just like this....
Just so that I understand this correctly, abrase. The judgement was entered in 1991? If that is correct, and the collections are now hounding you, I would check out NACA. And see if you can get a good lawyer. If the lawyer has any common sense, and can find his rear end with both hands, this whole thing could be thrown out, being 17 years ago. This whole matter should have been taken care of in a timely matter. Seventeen years, in my silly simple mind isnt. Just a thought.
Also, do not talk to the collectors on the phone under ANY circumstance. Make sure you document everything. Make sure you keep all their letters they send to you...
Your Pastor is right for the most part. However, not on the part were he told you they can't take anything from you. This is false, they can and will take from you if you don't know your rights. So, please check out NACA.
Hope all goes well... Please keep us posted...
Peace,
Sun |
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Morningstar
Joined: 17 Apr 2007
Morningstar's page
Posts: 601
11 Magic Points
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Fri Jan 18, 2008 1:12 pm
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Judgments expire after a set amount of time...different in each state, but in many cases, they are renewable.
_________________
I don't dream since I quit sleeping |
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DolphinsSG
Joined: 20 Feb 2008
DolphinsSG's page
Posts: 1
100 Magic Points
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Subject: Frederick J Hanna and Associates
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Wed Feb 20, 2008 6:59 am
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I've had a similar problem as nacirema. I use to work at a Media Play store near me that went out of business in January 2006. I had some pretty big debt totals on the four credit cards I had, ranging from a couple thousand to six or seven thousand. I was just barely able to pay the minimum payments while at Media Play. I was unable to find a job for several months after the closing though. I received several letters from the credit card companies in that time. I finally got a new part time job in August. So, I called up the credit card companies to set up payment plans. Bank of America (BOA) worked with me to set up an amount I could pay. Over the next four to five months of payments I was contacted by BOA twice to tell me that who ever set the payments up goofed (one came close to calling the person a moron I'm guessing) and that I had to pay a little extra ($50-$100). I did this without complaints or problems. Then in late spring ...maybe around April, I received a call from Frederick J Hanna and Associates. Apparently, my account had been turned over to them by BOA. So, I called up BOA to see what was going on. They told me that they had determined the amount I was paying wasn't enough for a $9,000 credit and they needed to pursue a faster course of action (I have this conversation recorded). I was fuming! After all BOA put me though! After receiving some advice and information from various sources, I decided to see if a credit counseling service could help me, Take Charge America (TCA). They were actually recommended to me by BOA. I had tried to go through them back in August, but because I was part time and only made $400-$500 a month I did not "qualify" for their program. Since then, I had been working more hours at work. So, this time around, I qualified. I was told by TCA that often BOA will withdraw the account from the collection agency after a few month of being on TCA's program. So, early May I start making by-weekly payments of $360 to TCA. Everything seems to be going great. I get statements from Discover, Chase and my BOA business card (BOA's been extra nice to me about this account 'cause the business it's through can seriously kick BOA's bottom if they try anything, and BOA knows it!  ) saying that they're receiving payments. Month by month I can see my debt total going down in Quicken. Then, a few weeks ago, I get a letter from Frederick J Hanna and Associates saying that they had contacted me before and had wished not to have to take legal action, but since I didn't reply, I have 10 days to pay my debt or I leave them no choice. Now, I didn't receive prior notice about this. I was totally shocked when I received this. I know Frederick J Hanna and Associates are getting my payments because the amount listed on the letter is the same as the amount TCA says that I still owe. Which means, I've paid Frederick J Hanna and Associates about $2,000. I don't understand why they would just abruptly do this. So, I don't really know what to do now. I just received a similar letter today. After reading all the things that Hanna and Associates has done to people I would really like to give them a piece of my mind! Someone at my work told me that Hanna and Associates entered into a contract and by pressing legal action they're breaching the contract. I also read online that credit counseling services, like TCA, may have Power of Attorney and can tell Hanna to buzz off. I did fax the first letter that Hanna and Associates sent me to TCA, but they have yet to reply. But the other thing is, if Hanna and Associates does press legal action, I have nothing they can take. I live with my parents, I don't even own a car. I make close to minimum wage, about $1 more per hour. Seventy five percent of my paycheck is already going to TCA. If Hanna and Associates takes me to court and tries to have my salary garnished, won't the judge see that I'm paying all that to TCA all ready and see that it's in my and the court's best interest to just keep me on the plan with TCA and not fool around with my wages? If they take too much out, I wont be able to pay TCA, and TCA will terminate my program. Which will lead the other creditors to take me to court also. A big snow-ball effect that can be prevented by the judge just telling Hanna and Associates to shove it. But will he??? I realize I was very irresponsible with my credit and I'm willing to pay my debt. But there's just no way I can pay Hanna and Associates $6,700 in one or a few payments. It's going to take me a couple years. I've taken the steps I need to (going with TCA) and I've been paying it back. But Hanna and Associates and BOA keeps trying to mess with me. ...So, can anyone help me. |
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Kate
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Subject: Frederick Hanna and Associates
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Fri Feb 22, 2008 8:45 pm
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| I have experienced something very similar, except I didn't make the debt and it apparently was made out of this country and I workd with Bank of America for the last year trying to get it fixed, but now they are still trying to hold me to a $7K+ debt that I have not received anything for. Now they have Frederick Hanna and Associates sending me letters and messages on my answering machine. I have stopped answering my phone long ago, because this started stressing me out and causing ulcers that make me sick. Something needs to be done about these guys. They are going to sue me for something I never even accepted. What should I do? |
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Angie
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Subject: Judgement
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Fri Oct 24, 2008 4:53 pm
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| Help! I have a debt thru original creditor Household Automotive. I had a n automobile that was totaled in Feb. 2004. My insurance company paid what it worth and since I was upside down in equity, it did not quite pay off the loan. Now a debt buyer CACH LLC has purchased this account and are trying to put a judgement on me. I have been to court but had it delayed until I find out what my options are. What are Statute of Limitations for NC on Automobile loan? Since it has been over 4 years since payment was made, can I use SOL for this? Do I need to hire an attorney and if so, do you have a suggestion for a good one in Eastern NC? |
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Linda
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Subject: What can I do about a judgement against me but cant pay
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Thu Nov 06, 2008 7:55 pm
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| I had a money judgment against me since Sept of 2007 and lost my job in July of 2007. I just received a letter from a attorney who is representing capital one and the sum of the amount owe is arount $8000.00. That is court fee ect What do I do? Very scared |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Fri Nov 07, 2008 11:04 am
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I think that you should contact the attorney immediately and inform them about the loss of your job and your inability to pay back the debt right now. The creditor may find out a repayment plan which you help you to pay back the judgment money over time, else the creditor can take the help of the court to collect the money by garnishing your bank account or by selling your personal property like your car.
_________________
Where there's a will, there's a way !! |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Fri Nov 07, 2008 11:24 am
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| I agree here Dolphin its souds like you may need an atty. Did you also contact TCA and see if they can understand what is going on and help you. I really doubt a judge will make you pay anymore than you are already paying. You have the proof that you have been making the payments. If by chance they get this into court you may inform Hanna they could be hurting themselves by doing this. Most states only can garnish 25% of your pay and you said you are already giving them 75%. Of course if this does turn out to be the case and the judge would set a payment at 25% you need to close the checking account they are already taking money out of so they do not keep sending all the other money a month. Keep us updated. |
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SHELIA
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Subject: IN DEBT
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Fri Nov 07, 2008 7:08 pm
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| I AM IN A LOT OF DEBT AND I CAN NOT PAY MY CREDITORS. I AM SICK WITH WORRY. WHAT CAN I DO. I AM AFRAID OF BEING SUED AND AFRAID I WILL LOSE MY HOME AND MY CAR. WHERE CAN I GO FOR HELP. |
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