Judgement

[nailtech]

 

[JasonRT]

Sorry, JasonRT, but your ignorance is showing again....

Or your memory is failing you again.

You said, "If you file a Chapter 13 bankruptcy you will be required to pay all of the court costs and attorney fees. If you file a Chapter 7 bankrutpcy and this debt is UNSECURED the entire amount will be discharged and you will pay nothing."

My only response was that the filing of either a chapter 7 OR chapter 13 makes no difference as to the attorney fees.

No, your response was that if attorney fees could not be assessed to the account balance if a bankruptcy was filed before judgment was entered. On this, you are flat wrong.

You failed to understand my response and came back with some diatribe ("According to the cardholder agreement the debtor is responsible to pay reasonable attorney fees if litigation is initiated."). My post didn't say anything about the cardholder agreement and possible inclusion of attorney fees.

Your post did discuss the inclusion of attorney fees whn you said "The 'debt value' of this specific debt is what it was at the time of the 'freeze'. If no judgment rendered, you only owe the debt. If a judgment was rendered that included costs and fees, you owe all of them. The 'debt value' has nothing to do with the bankruptcy chapter you file under as alleged by JasonRT. " Did you forget typing this - or did someone else gain control of your computer and say it for you.

Then, you make another ignorant statement, "The attorney fees may be added to the debtor's account balance the day suit is filed."

Sorry, wrong again!!
Though a plaintiff may ASK that attorney fees be recovered, it isn't a done deal until the court grants that request. In fact, the attorney has to show the court (and is subject to challenge by the defendant) that his/her "fees are reasonable and customary" before the court will grant the request.

Again I refer you to the cardholder agreement, reasonable attorney fees may be added to the account balance as they are accrued against the debtor.

As for seizure of a "child's college fund", I said 'grabbed'. Again, you seem to misunderstand that a childs college fund CAN be (and I have) grabbed and seized as a part of a judgment enforcement action. The responsibility then falls on the debtor to PROVE to the court that those funds are exempt. Out of probably 10 or so cases where I have seized the (claimed) "Childrens college funds", I have only returned them in ONE case. And that was when the funds were CLEARLY the childrens and the funds were proven to have come from other (non debtor) sources like the grandparents.

Now I will ask you for a case where you were able to levy on an asset that was not in the judgment debtor's name. You have never done this because the court will not allow you to do this. You may only levy on assets OF THE JUDGMENT DEBTOR. A trust account for the benefit of the judgment debtor's child is NOT an asset of the judgment debtor.

As for proving them with caselaw, you obviously do NOT understand that garnishment hearings are NOT part of caselaw... unless it gets to the appellate court level.

What I specifically asked you for was to provide cites of cases in which a bank froze funds as a result of your levy and the funds were later released as a result of a Claim of Exemption hearing due to the funds being SSA exempt and the funds being direct deposited by the SSA. You, of course, don't know what you're talking about and as such can't provide these cites.

JasonBoy, do us all a favor.... limit your responses to traffic tickets and such... your lack of understanding and experience of civil laws is showing.

Your lack of experience in all areas of judgment enforcement is showing. I feel sorry not only for the people in this forum that you have misled but mostly for your clients. Your posts reek of a sales pitch for your judgment enforcement business.

Finally, I will put MY record of judgment enforcement up against yours any day. As of this week, I have enforced over 300 cases over the years.... and have about 540 open cases right now in various stages of enforcement. What is YOUR experience????

From my case calender:

CALIFORNIA: 1,734 active cases in pre-judgment litigation
14,293 judgments

NEVADA: 249 active cases in pre-judgment litigation
2,476 judgments

LOUISIANA: 35 active cases in pre-judgment litigation
0 Judgments

This is for my business. This does not include my previous experience before starting my own company. It is painfully obvious you don't know what you are talking about. And it is to the detriment of the people here. Admit that you are wrong and get on with your life.

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[JETX]

Obviously, you are beyond help... or just refuse to realize your limitations.

And it is very easy to cite meaningless statistics of your 'accomplishments'... especially since you are hiding behind some 'first name' only mask. If you have so many cases, how about putting your FULL name and location out there so that anyone can verify who are you... and your claimed 'experience'?? Or if you are too cowardly to do that, you can at least send it to me via email and, if you can prove yourself, I will admit to all. Lacking that, you will continue to be just a'common buffoon' to the forum.

Alas, I am getting tired of playing your simple game of 'attempted confusion' and 'selective recall'.

Have a happy day....