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  #1  
Old 04-14-2003, 10:11 AM
TBOleary
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attorney wants to sue on a write off


What is the name of your state? Nevada We had an RV that we gave back to the bank.We had a buyer who wanted to assume the loan and would pay for a credit report and an assumption fee but the bank refused to allow an assumption.We spoke to six different people with the same result. I was told to sell it for what I could and get a second mortgage to pay off the balance.They sold it with a deficiency,and as we are on SS they reported it as charged off and written off on our credit report.
Now an attorney wants us to pay the deficiency within 30 days or he will sue us.Since it was reported written off can he do that ?Our only income is SS for both of us and a permanent disablity from the state for a work injury,exactly as shown on our application for the RV loan.
Thank you for any info you may give us.
  #2  
Old 04-14-2003, 10:54 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes, you can be sued for the deficiency. The 'write-off' is purely an accounting function, it does not cancel the debt.

This lawyer can try to sue you, but if your only income is SS and disability, that income is totally exempt from garnishment and siezure. You need to be sure the bank has a statement from you that all funds in your bank accounts are from SS and disability income, otherwise, if they sue and win, they could levy the bank accounts.

You need to consider what other assets you have, like equity in a home. If you have a lot of equity, they could place a lien on it. NV homestead exemption is a generous $125,000 though.
Personal property is likely to be totally exempt.

Here's a list of the NV exemptions:

[url]http://www.thebankruptcysite.com/exemptions/nevada.htm[/url]
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  #3  
Old 04-15-2003, 01:11 AM
TBOleary
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Our social security and state disability checks are direct deposited and the only deposits .What do I say in the letter ? Our application to the bank that financed the RV clearly shows our only income is SS & state disability.Thanks for your help.
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