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Lien against "future properties and earnings" for

Date: Mon, 03/31/2008 - 07:09

Submitted by anonymous
on Mon, 03/31/2008 - 07:09

Posts: 202330 Credits: [Donate]

Total Replies: 9


This is such a long story, so I will give the shortest version possible.

I had a credit card back approx 2002. Husband on account (now in divorce proceedings).
Fast forward to 2007. Began getting collection notices on a balance on this card (had no idea wasn't paid, later found out husband had used card for web purchases).
Statute in my state is 6 years, but they keep upping the "date of last activity" even though NO payments are being sent.
Then was sent letter from Palisades, LLC. They called old employers, my parents, stbx husbands parents, etc for phone numbers. I do not have phone. My parents are still harassed by these people despite telling them (and writing them) telling them to stop.

Then I was SUED.Balance was approx 1200 dollars. Showed up in court, met with lawyer, and then Judge refused to see us because hours were over. I waited there all day.

Now I get a judgment in the mail for a "lien against all future properties and wages" for the next 20 years!!! I about died! How can I be sued just when my Statute of Limitations was due to be up??? How could a Judgment like this be issues when I was never told of a court date??
I have no earnings. I have lost EVERYTHING because I got sick with cancer and am disabled. I am only 30 years old and my life is a disaster zone. I will never be able to work again due to my disabilities and I am in the long battle with social security to get my disability benefits.

I don't know what to do. I have had to move in with my parents as I lost my home, my car, everything. I can't believe this is happening to me. These people are so rude and mean to us on the phone, and they call every day, which I know is supposed to be "illegal".

How do I get rid of these people? How can they have changed the date of last activity to keep this on my credit report all this time? I had no idea the card was even being used (my husband used it for gambling on the internet, one of the reasons we're divorcing). Now I am told I can't even get a bank account or they'll take the money! What about child support payments? I don't have the energy to fight anymore. I just don't.


Evenin' Rehabnurse -

Right off the top, you need to contact the judge/court that issued the judgement to see about having it vacated due to improper service. If it is at all possible, you should speak with an attorney. Check naca.net, your state bar association, or your local legal aid outfit. If you have an attorney helping with your SS, you might run this past him, too. Also check with your divorce attorney, he really needs to know about this. You want this debt to leave with your soon-to-be-ex. Make sure he gets saddled with it in the divorce decree.

On the lein, it ain't as bad as it might sound, though it's still plenty bad. It's only up to the total amount of the judgement [plus interest, etc.] Not everything you ever get for the next twenty years.

Pallisades is one of the worst of the bad CAs. Run a search on our site for them, you'll find more info than you want to read. This is both bad and good. Bad, because of the way they operate. Good, because so many of us are familiar with them and can help you fight this.

On changing the DOLA, or 're-aging' the account..... First, see about getting the judgement vacated. Then slap them with a DV letter, requiring them to prove DOLA, among other things. This one's complex, I urge you to seek counsel if possible.


lrhall41

Submitted by unclewulf on Mon, 03/31/2008 - 20:51

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Sounds to me like they reaged the account (illegal) in order to reset the SOL. You should have been given the opportunity to present your defense (SOL) Uncle Wulf is right, you need to get that judgment vacated and have them do it again the right way so you can use SOL as your defense and get the case dismissed with prejudice. Make them show these payments that they are falsely reporting so you can nail them on that and counter sue for $1,000 per entry on your credit report for Fair Credit Reporting Act violations as well as a additional $1,000 for Fair Debt Collection Act violations.


lrhall41

Submitted by JCEMT on Tue, 04/01/2008 - 06:51

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Thanks everyone for your replies. I live in Michigan, by the way. My divorce lawyer is aware. I am going to saddle my ex with this as well, but it's going to make a horrible situation even worse.
With my cancer, and my health issues, I can't get a lawyer, and it takes all of me to just take care of my two young children every day. I just have so little abilities to do anything.
I have lost my home, lost my car, lost everything due to this cancer. This divorce (which has been going on for four years, over four years actually) is being done as a favor now, because I did it on my own until I got sick.
My life is a big mess, I don't know how I am ever gonna get out of it. If I didn't have kids, I would have given up and just refused treatment. I know that sounds horrible. I feel terrible that I cannot probably ever give my kids a good future.
I was on my way to trying to pay all my bills, and then BAM. Sick. My ex is ruthless, and this divorce is the whole reason I was not able to pay. I never got any child support, I was paying the 1k a month insurance (thank god i had insurance, i have so many health problems).
I have a 5 and 7 year old that need to eat. I have lost everything due to my cancer now. I can't work, and now I am trying for SSDI. I don't know how many years it will take for that, since they are so far behind in handling claims.

I just have no energy to do this. I did show up for the court, like I said. They signed a continuance, and then that was it. I never got a chance to see the judge. Their lawyer told me they'd probably lose interest in this, due to me not having income. He said "They get get blood out of a turnip". His words.

Don't these bottom feeders have a way of seeing if you work or don't? I mean, I just don't see how they can keep harassing my parent's home after I told them NOT to, and wrote a letter telling them so. I know it's against the law, but I am lost. I wish I could afford a lawyer. I have tried to get legal aide, but they need me to drive down to their offices, and I have no car, no one to drive me, and no way of going.

Right now I am just so upset, and I am only 30 years old. I have no future to look forward to now. I don't know how I"ll ever get a place to live, or be able to take care of my kids. I am so afraid my ex will take them, and he is an abusive man who has hurt them so many times.

Will these people be able to take my child support (if and when I ever get it...i haven't seen any in over four years)???? Will they be able to take my SSDI if/when I get that???

Thanks for your assistance, everyone, I appreciate it. I can't believe these bottom feeder/zombie debt collectors are able to do such illegal things unchecked. It's not fair for everyone to have to hire a lawyer. I mean, my debt was only for 1400 dollars or so, but now it's collecting attorney fees, interest, etc, that's according to the letter I got yesterday. Sigh. I don't know how it's legal for these people to do this. It'd be cheaper for me to pay this old debt than pay an attorney the same or more amount of money to get me out of the mess, you know.
Anyway, I just hate this mess. I feel bad for all the others who are hurting in this awful economy. My state is rife with so much poverty and even the middle-class and upper middle-class are hurting. No jobs, striking workers, and so many foreclosures. Entire subdivisions gone to foreclosures. I know it's not just me dealing with these horrible debt collectors.


lrhall41

Submitted by ballerinanurse on Fri, 04/04/2008 - 01:56

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sorry to hear about your misfortune ballerenanurse..., but the good news is, hang on in there! You are only thirty and have gone through so much but believe me, there are those that have experienced much worse. You are blessed to have your children and your parents. Some people must endure some hardships alone. If you have faith in God, than put all of your faith and trust in him. He keeps you and sustains you daily no matter what life may bring. You call on him through prayer and supplication. You may not get instant answers to all of your problems but you see, God works in his own time, in other words, he knows what you need and when you need it. He continues to make ways for you and one of those ways is through this community of folk that have had similar experiences. I personally feel that I have been enormously blessed just to have discovered this website. As far as getting help from legal aid, have you considered calling Legal Aid and asking them to come to your home? Explain the situation to them. If not You may be able to get another attorney or law firm that work pro bono if you check around in your town or state. Explain to your prospective legal rep what the colleciton agency has done. I am no legal expert but you could have a potential lawsuit. Be of good courage and keep in touch with the community for further assistance and encouragement. Can anyone in community give her the info on website that lists attornies in different states who focus on representing clients having problems with debt collectors? I forgot the name of the website. I know that it is hard to see, but this too shall pass, as they say....a lot of older folks with gray hair and driving nice cars that you see around town can tell you some stories if you would stop to speak with them. Many of them went through similar experiences when they were younger and trying to raise a young family, but the good Lord brought them through it. You are blessed in so many ways. Do something good for yourself. Treat yourself to a favorite meal, a movie, a book, or go our with friends or relatives to a play, or a concert. One thing that won't take a lot of energy or where you would have to spend a lot of money. In the meantime.....pray and ask God for patience, and his peace. Rethink your situation also. All trials and tribulations happen for a reason. You are being prepared to use your scars, for stars...in other words...your experiences will bless someone else down the road. Someone will be looking at you one day and wonder...and be in awe...she went through all that.., and she made it! Your own experiences will be a testimony that you will live through to help someone else. These are the times that prove what you're made of. You're a diamond in the rough. You're going to make it. I know you will. I've been down myself I can tell you from first hand experience, like the character of Celie in the film "The Color Purple",stated "I'm Here!" I survived, "You're a survivor, You ain't gon give up, you ain't gon stop, you gon work harder!" (Thanks via Destiny's Child) "Keep on Surviving". Keep You head up girl!


lrhall41

Submitted by on Sat, 04/05/2008 - 13:32

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