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Does anyone know anything about judgements?

Date: Wed, 10/20/2010 - 09:41

Submitted by kdestef
on Wed, 10/20/2010 - 09:41

Posts: 44 Credits: [Donate]

Total Replies: 13


Ok, I'm going to try this again. I posted a thread a few days ago and I'm just not getting any reponses. I find it hard to believe that no one knows about judgements and how they work.

I'm wondering if someone could answer my question about how long a collection agency can use a judgement against a person? For example, if they hit my bank account once, can they continue to hit my bank account as long as they have a judgement against me? Or do they have to keep going back to court to get permission to hit my bank account? Or do they just try other means, like garnishment, property lien, etc? Any advice or ideas of what you think might happen even, would be appreciated! Thank you!!


I'm wondering if someone could answer my question about how long a collection agency can use a judgement against a person? (This is highly variable state to state.)

For example, if they hit my bank account once, can they continue to hit my bank account as long as they have a judgement against me? Again this varies even by county. (Often they put a levy for an amount of the judgment which might be greater than your actual balance so any funds you deposit in there are given to the judgment creditor. )

Or do they have to keep going back to court to get permission to hit my bank account? Some places yes some places no. Or do they just try other means, like garnishment,( Yes in most states garnishment is allowed)property lien,(yes in almost all areas this is a possibility. Become conversant with your states exemption laws so you know what you can protect) etc? Any advice or ideas of what you think might happen even, (A lot could happen. On the other hand most judgments sit uncollected for their lifespan. It is highly dependent on who the judgment creditor is, what kind of assetts you have, what your civil judicial system is like in your county what the amount is etc etc.)

Soaps advice on getting a prepaid card is one example of a way you can protect your assets. My adice would be to look up a local consumer attny in your area and get a (usually free) consultation. I would NOT use a general purpose attny now one that specializes in bankruptcy to give you advice. I tried that early on and got what I now know was completely incorrect advice concerning these areas. You can go to the national assoc of consumer attorneys website and find one in your area or just look for one in your yellow pages.


lrhall41

Submitted by on Thu, 10/21/2010 - 04:59

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Quote:

Originally Posted by SOAPLADY
Changing banks wont necessarily help. Orders for bank levy are sent out to several banks until they get a hit...wont take long for them to find the account again,.

One option is a prepaid debit card, like thru walmart.


They've been looking for mine for over a year. My two old accounts they tried to garnish many months ago. My new one, I don't earn any interest on it, so it's not listed on my tax return. it's worked for me so far.

I'm sure they were as greedy as always when they tried the other two.


lrhall41

Submitted by Gretchen VonDerhoff on Fri, 10/22/2010 - 01:45

( Posts: 259 | Credits: )


http://www.thelaw.com/guide/litigation/small-claims/judgment-collection-small-claims-court/

This site has extremely detailed info about all the steps that can be taken in garnishment, the steps in getting a judgment

explore on the sitemap as this site as a lot of insider info to offer on garnishment and judgments among others

I highly recommend it.

It does also discuss what happens with your bank, what they can and can't do.... explore, lots of levels of info

http://www.thelaw.com/guide/litigation/small-claims/judgment-collection-small-claims-court/#wage-garnishment-and-bank-accounts

This one has really good info about banks and judgments and it is pretty scary how far some of these go as to seizing property. It's a pretty brutal look at the whole debt collection/judgment/garnishment process.


lrhall41

Submitted by Gretchen VonDerhoff on Fri, 10/22/2010 - 02:47

( Posts: 259 | Credits: )


Quote:

Originally Posted by Anonymous
What state are you in? Laws vary from state to state, but in most cases, they will keep pulling from your account until they get the full amount of the judgement.


I live in the state of Colorado. I am thinking of putting the money in my domestic partners business savings account. My name is not on the account, but I am a signor on the account. So I can use it to pay bills, etc.

I am also wondering. If the judgement was issued in 2007 would it ever reach a statute of limitations in 7 years? Or can they just "reissue" the judgement. How does this work on your credit reports. The orginal issue was in 2007, but recently they reported again to Transunion. Does the date start from the date of issue or do they just keep reporting to my credit bureaus every year avoiding the statute of limitations?

They of course are asking for way more than was actually charged. I was thinking of contacting the law firm the account is assigned to and writing them a letter showing intent to pay, but that I can only pay $50 per month (I can barely do this, but if it shows that I attempted). In addition, I was thinking I would send a copy of the letter of intent to the court house where my judgement is on file to keep with the records. I'm certain they will not accept the offer because the debt owed is a large sum, but if I have to go into court, it will show the judge that I tried to make payment arrangements with the company with as much as I can afford and they denied it (if this is the case).

Any advice on these thoughts? Suggestions? Thanks!


lrhall41

Submitted by kdestef on Mon, 10/25/2010 - 07:54

( Posts: 44 | Credits: )


Quote:

Originally Posted by Gretchen VonDerhoff
They've been looking for mine for over a year. My two old accounts they tried to garnish many months ago. My new one, I don't earn any interest on it, so it's not listed on my tax return. it's worked for me so far.

I'm sure they were as greedy as always when they tried the other two.


Hi Gretchen,

Thanks for your advice. What type of account do you use that you don't have to submit your social security number? I tried one of those cash advance places because they can issue you a debit card of sorts, but they ask for your social security number. What if I withdrew my money and deposited it in my domestic partners business savings account? My name is not technically on the account, but I am a signor, so I could use our bank card or write a check to pay bills. Because it is an LLC under my domestic partners name they should not be able to touch it. Would you know if this is true or not?

I have also heard that as long as they have a judgement they can continue to keep trying to take the money from me. What is the statute of limitations?

Thanks!
Kdestef


lrhall41

Submitted by kdestef on Mon, 10/25/2010 - 09:13

( Posts: 44 | Credits: )


Quote:

Originally Posted by kdestef
Hi Gretchen,

Thanks for your advice. What type of account do you use that you don't have to submit your social security number? I tried one of those cash advance places because they can issue you a debit card of sorts, but they ask for your social security number. What if I withdrew my money and deposited it in my domestic partners business savings account? My name is not technically on the account, but I am a signor, so I could use our bank card or write a check to pay bills. Because it is an LLC under my domestic partners name they should not be able to touch it. Would you know if this is true or not?

I have also heard that as long as they have a judgement they can continue to keep trying to take the money from me. What is the statute of limitations?

Thanks!
Kdestef


Hey, actually I did have to give the bank my social security number. What I was referring to is that because it is a non-interest bearing account and because I have no loans through this bank or credit cards there is no reason for the information this bank has to get out there. It could someday for sure in a roundabout but I don't get any 1099 forms that I would have to turn in with my tax return. Filing something with my tax return increases, imo, that chance that someone's going to find it.

My checks are deposited there in the bank without fanfare.

In your bank account do you have any interest that you get from them which would require you to report it on your taxes?

You really need to get a professional opinion on the question about whether they can take any money from your partner's account. I wouldn't think its impossible, after all they've frozen the account of a husband and wife both on social security and they are not supposed to do that with any account that has more than one person on it. Just as social security is supposed to be exempt but this is the law of the wild west it seems like and.

If they were to do discovery on you or bring you into court for aid in execution and they ask you how you pay your bills if you have no bank account then unless you want to lie (not a good idea to do perjury) I can see an opening there for them

Try to find an attorney who will talk to you first meeting for free and ask him that question or perhaps an accountant might know. Sorry I can't be more help.;)


lrhall41

Submitted by Gretchen VonDerhoff on Tue, 10/26/2010 - 03:15

( Posts: 259 | Credits: )


Finding your bank account for a bank levy has nothing to do with 1099's or tax info....when creditor wants to find you, they simply send out papers to ALL banks and credit unions in your area, plus the major players in your state.....eventually they get a hit.

There may be legal implications with depositing personal funds in to LLC business account....personal and business funds should not be comingled.


lrhall41

Submitted by SOAPLADY on Tue, 10/26/2010 - 04:06

( Posts: 17315 | Credits: )


I do not KNOW why they have not found my account, I speculated that perhaps the difference was the 1099 issue.
As to sending out flyers or anything else here or there asking all the banks about a particular individual, I suspect and hope, since last i looked this was still America however much our rights have eroded, that the privacy statement I got from my bank was given to me in good faith.. I think there are lots of people with checkered history and activity who wouldn't have the bank accounts they do if any tom dick or harry can send out "feelers" and get answers. This isn't supposed to be a gulag.

I do not know why you are so persistently confrontational about this issue as you are. The facts speak for themselves.

You say they could find me if they wanted me. They have tried. They sent garnishment orders to two of my previous financial institutions. One credit union and one bank and since i don't bank there they came up empty handed.

Then you suggest they just aren't motivated to "get" me. Here again I must disagree. The same law firm wanted me bad enough that one of their attorneys perjured themselves, committed fraud upon the court, deprived me of my constitutional due process rights and who is now, if I am successful, going to lose her law license she only got 2 years ago. And I'll tell you what, on this, I'm going to be like a dog with a bone, I'm not going to give up on this because what that attorney and that judge did (and they did do it, I am neither senile nor blind/deaf) was a very stupid but vicious act that I find offensive. It's offensive enough that I am willing to do whatever it takes, however long it takes, to hold them accountable for their crimes. If nothing formal happens to the judge (statistics show few of them are ever held fully accountable) informally his name is going to be tarnished at the very least. And there are other viable and legal remedies that I can and will pursue if necessary.

I really do resent your continued challenges of my credibility. There are privacy laws and last I heard they are available to even lowlifes like me. The fact remains they obviously want me very bad yet your contention is they just haven't tried that hard.

Give me a break. If you have worked in the banking industry and know that they are all eager to betray us then say so. Otherwise quit challenging everything I say unless you have proof. You seem to have taken a personal interest in discrediting me and I have to wonder why it is so important to you. Are you friends with Judge Richard T. Standridge, the lying snake who wears a judges robe? I have to wonder your motivation.


lrhall41

Submitted by Gretchen VonDerhoff on Wed, 10/27/2010 - 00:44

( Posts: 259 | Credits: )


I can think of a couple methods that will protect you from bank levy but may expose you in other ways.


  • You should try to settle the debt and or make payment arrangements because judgments stick around for 15-20 years typically depending on the state.
  • You could operate on a cash only basis and pay for bills with Cashiers Checks or Money Orders. This will cost you a little extra because you have to purchase those items and you have to snail mail them. Also, you may not want loose cash setting around the house.
  • You could operate on a cash only basis and get your friend to pay via check, debit or credit card and you pay them back.
  • You could get a prepaid credit card which I think would be difficult for a collector to find. The downside is fees are generally attached to these things.
  • You could obtain a business license and operate your entire life through the business. It is really easy and very cheep to get a business license but I think this tactic is a bit shady. You have to file separate tax documents with the IRS. Your name is still attached to the records; therefore, any account may be detectable. A judge may be a little agitated if they figured out you did this to avoid a judgment. You would also need to study the IRS rules and regs to make sure you don???t break any of them.
  • You could solely operate in your friends name but you would really need to trust your friend. They would have complete control of your money and could lock you out. Also, your money would be subject to any levies, judgments, liens, penalties, taxes??? they may have.
  • If all else fails you could move to Switzerland??? >:P


lrhall41

Submitted by DOLLARSandSINCE on Thu, 10/28/2010 - 13:42

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