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  1. #1
    tater_tot is offline Member
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    Unable to pay debts, because I have no income...

    What is the name of your state? Virginia

    Listen, I don't have any income now. I haven't for awhile now, but I have been paying my ( I say mine, because they are in my name only) debts with my husbands income, but now my father has passed away and mother has no income so we have taken on all of her debt also. My question is, since I am unemployed, and I have absolutely nothing in my name (home, vehicle, etc..) what will the creditors do? What can they do legally? I understand they can file a judgement, but they can't garnish me. Is there anyway they can somehow take our tax return? Also, any advice on how to handle this would be appreciated. For instance, if I write them and ask for lower payments then if I make the payments for awhile and then can't what will they do? Bankruptcy is not an option. Filed bankruptcy with ex 4 years ago.
  2. #2
    JETX is offline Senior Member
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    "but now my father has passed away and mother has no income so we have taken on all of her debt also."
    *** Why??? Your family is no liable for HER debts. You can try to help your mother by assisting her in getting her debts together and paying what can be paid from HER money.

    "My question is, since I am unemployed, and I have absolutely nothing in my name (home, vehicle, etc..) what will the creditors do?"
    *** Do to who?? If you don't pay YOUR bills, the creditors could come after you and try to force payment by getting a judgment against you and seizing your non-exempt assets. Same thing applies to your mother.

    "What can they do legally?"
    *** Get a judgment against the debtor and use that judgment to seize any non-exempt assets that the debtor may own.

    "I understand they can file a judgement, but they can't garnish me."
    *** There are lots of other options available to a dedicated judgment creditor.

    "Is there anyway they can somehow take our tax return?"
    *** Yes.

    "Also, any advice on how to handle this would be appreciated."
    *** The first advice would be to let your mother pay her own bills. Why jeopardize YOUR financial status by assuming HER debts?? That is simply brainless.

    "For instance, if I write them and ask for lower payments then if I make the payments for awhile and then can't what will they do?"
    *** Judgment.

    "Bankruptcy is not an option. Filed bankruptcy with ex 4 years ago"
    *** Then start selecting your non-exempt assets that you don't need anymore. Then when the sheriff comes a knocking (and he will), say goodbye to your non-exempt assets.
  3. #3
    Ladynred is offline Senior Member
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    Since JetX didn't offer, here's a list of the VA exemptions:

    [url]http://www.thebankruptcysite.com/exemptions/virginia.htm[/url]

    They're pretty generous where personal property is concerned, so its unlikely they can take anything from you at all.

    Your biggest and easiest target is bank accounts, joint or otherwise. If you only have a joint bank account, then you need to get your name OFF the account, otherwise they could take what's in it and you'd have a helluva fight getting your husband's money back from them.

    As for your mother, unlike JetX I can see why you would want to help your mother. However, if she has no source of income and a LOT of debt, her best bet may be bankruptcy to be rid of them and let her live in peace. Are these debts HERS, were they joint, or has she taken on your father's debts - which she does not HAVE to do (unless she lives in another state that might be a community property state).
  4. #4
    JETX is offline Senior Member
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    "As for your mother, unlike JetX I can see why you would want to help your mother."
    *** Don't mistate the facts.
    I never said that she should not want to HELP her mother. I did say that she should NOT be taking on her mothers debt (which can be resolved other ways) to the sacrifice of her own. Clearly, this writer has personal debt issues that are probably significant. And then to take one her mothers debts without any obligation to do so is simply idiotic.

    As landynred pointed out, there may very well be other resolutions to the mothers debt problems, but to have TWO families drown in non-obligatory debt is simply inane.
  5. #5
    tater_tot is offline Member
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    Ok, first let me say, I didn't ask for anyone's opinion about helping my mother, because if it wasn't for her I wouldn't even be in this world, and my mother has a house payment that if it doesn't get made then she loses the only home her and my father ever had and I am not the type of person to just abandon my mom when she needs me most. Second I can get my name off of the bank account, not that it would really matter, because we only usually have $1.00 in there anyway. Third I have NO assets. I don't have a vehicle, home or land or anything, but credit cards in my own name. There again I have no income personally, and these are not joint debts, and since I don't have income I can be left off of the tax return. Also from what I have read if you have no assets and no income then you are judgement proof. Now as far as my mother goes no she is not paying the debts that were just in my father's name and the one's that are joint and not necessary (like the house) she's checking into, also let me state this one more time my mother now has NO income at all either, and the only help she can get from social services is food stamps and fuel assistance in the winter, which helps, but only minimally. So if someone has no bank account, no savings account, no assets and no income then what can they do to you? Also in my mothers case is a home or vehicle that is not paid for considered an asset? Thanks.
  6. #6
    Przybylo Guest
    The following is not meant to hurt your feelings, nor is it meant to be derogatory. It is common sense only...

    You should go get a job and stop relying on state assistance.

    You should stop trying to find ways to get out of paying your bills.

    You have filed bankruptcy once already and now you are in the same situation? STUPID

    You should never worry about anyones financial well-being but your own, even your mothers'. She obviously never taught you financial responsiblity so what do you owe her? You have mis-placed guilt.

    You need serious credit counciling and there are plenty of free services available. I tend to think that you are not telling the whole story here.
  7. #7
    Ladynred is offline Senior Member
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    Przy.. you are clearly NOT reading what the poster has written. The writer is NOT on public assistance.

    The writer filed bankruptcy WITH AN EX-SPOUSE - so calling the writer stupid is stupid in itself as you have NO idea what the circumstances of that was or how much of the debt claimed in BK even belonged to the writer.

    Don't be a judgmental jerk, Przy... attacking a person's mother as you did is reprehensible.

    I'll resist getting any higher on a soapbox....


    --------------------------
    Tater_tot,
    You are correct - if you have no assets and no income, then you are pretty much judgment proof - there's nothing they can take from you - or your mother for that matter. Your mother clearly would have no expectations of future wages that could be garnished so I don't see that as a problem.

    If YOU have no expectations of becoming employed in the future, then you really have nothing to worry about as far as judgments are concerned. No wages - no garnishment. My suggestion regarding the joint account was only mentioned to protect whatever money might be in it that isn't yours. If your DH doesn't put any money in the account, then you can safely leave the account as is.

    IF you're sued and they win a judgment, just be aware that the judgment creditor CAN hound you, over and over for the life of the judgment, by either serving you with interrogatories meant for disclosure of assets, or they can drag you into court each time for the same purpose. If you can handle that, then let it roll.

    Your mother's home and vehicle - they ARE an asset if there is equity. If that equity is greater than the state exemption, then the property could be in jeopardy. If your mother was sued, a lien could be placed against her property, which would encumber the property in the event it ever has to be sold. Its unlikely a creditor would place a lien on a vehicle, but they CAN, and they CAN sieze it if its not exempted.
  8. #8
    Przybylo Guest
    As I said in my last post it was meant to be common sense, not to anyones feelings or to be derogatory.

    Any financial advisor will tell you never to involve yourself with another persons debt (even someone you love), and it IS stupid to go from one bankruptcy and then consider another. I did not attack her mother. It seems, this financial nightmare has been going on for years with no smart, decisive action to fix it. Only a lot of running away trying to avoid it. You don't get this far into trouble without knowing your going there!

    She should be less concerned about what they are going to do to "her" and worry more about what she can do now to plan for the future.

    Original post by tater_tot:

    the only help she can get from social services is food stamps and fuel assistance in the winter
    note: social services, food stamps and fuel assistance are all state assistance.
  9. #9
    tater_tot is offline Member
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    Yes, it's state assistance, but my mother is the one recieving it, and on top of that I've seen through my husband's ex that alot of people file judgements, and it still takes years for them to do anything. Yes, my mother is considering bankruptcy, but they still leaves certain bills that you just can't get rid of that she needs help paying. It's obvious from some of you prior posters that your mother never taught you what love is either. There are no judgements at this point, but if someone does persue one on my mother then if she files bankruptcy can she discharge the judgement also? And I have three kids to think of, and when you're drowning in debt what you don't owe them anything either. I will recieve state assistance or whatever to make sure they're fine. Thanks.
  10. #10
    Ladynred is offline Senior Member
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    Yes, if she files BK the debt causing the judgment can be discharged, then a little more paperwork to get the judgment vacated.
  11. #11
    JETX is offline Senior Member
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    Tater:
    "I will recieve state assistance or whatever to make sure they're fine. Thanks."
    *** Of course. No one said anything about your not taking care of your own family or even helping to take care of your mother. My only comment is that with your own situation, your decision to divert what money you do have to pay someone elses debts (even if your mother), is not the smartest thing you can do. Emotionally heroic yes, but not the best of plans.
  12. #12
    DrewfromCA is offline Member
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    Cool

    very entertaining posts, thanks everyone.

    Tater, if you read this.. keep it up. You somehow manage to hook a guy into paying your bills without putting your name on anything, so tell your husband to make even more money to pay for all this, and you just go ahead and relax.

  13. #13
    withonel is offline Member
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    Right on DrewfromCA

    Great gig if you can get it.... tons of credit card debt with no income, how does one manage that?
  14. #14
    tater_tot is offline Member
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    First, hello NOTHING of this debt is in my husbands name and just because it's in my name does not mean he doesn't use the accounts, let's see you have a job, you get credit cards and then you use them, then you lose your job and you use your spouses income to make your payments and then everything gets to be too much and you see what your options are of getting out, and you do what makes life easier instead of varily getting by. That's my situation. Now also everyone says debt consolidation there again debts are in my name ONLY, therefore credit cards won't do hardship programs and debt consolidation companies won't do anything unless you're employed. Also, chapter 13 bankruptcy isn't possible with no income. Besides we are still trying to pay the debts at this point, but I was trying to find out what the consequences are if this becomes impossible.

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