Finance Company threatening arrest

[eternalgrief]

What is the name of your state? IL. i am 27 yrs old and in the middle of filing bankruptcy because of several loans and credit cards that my mother had me to take out starting the year i graduated highschool, put her house in my name, had me to take a mortgage on it to help get my eldest brother out of jail and then made me help pay the mortgage. basically that is the reason i am doing it. i have struggled trying to pay all of these debts myself due to the fact that i have always tried to listen to my mother and help her with the promise that she would pay me back if the two oldest brothers who are always getting in trouble wouldn't. Now she won't pay these debts or help to pay them unless someone is threatening to take me to jail as with this recent creditor. They are a finance company and they have you to put up some small personal property in order to get the loan. things that aren't worth the amount of the loan but as collateral. anyway, i was fired from my job back in october while i was pregnant for refusing to pick up merchandise that was too heavy and refusing to climb ladders as i was close to 7 mos and couldn't do those activities without certain accomodations.i had asked them to do small things like supply a long cart for me to pull and put things up off of and maybe an extra worker to help put things up when i was covered up with many pallets of freight and of course the night manager refused. so i have been off of work and i just had my daughter, the doctor has had me off due to this. well i have informed this creditor of the situation and instead of taking the payments as i can send them in, he says he can't take partial payments and has brought an officer out to my mother's to arrest me. this is what my mother said,and i was wondering if he can do this? so my mother paid the remainder of the loan payment balance since they said that they were going to issue a warrant and take me to jail. i am recently separated and my husband gives me support for myself and my daughter. we came to this agreement without having to go to court. he doesn't make a lot of money but he gives me the money to send payments to them because of the threats. they have constantly called him asking for money and text his phone all of the time. he has told them that it is not my number anymore and that he can try to bring money to them but it is not his debt. i had all of these debts before we got married and separated,as i said my mother started out having me to get loans back when i was young. everytime i'd pay them off she'd have me to do it again and she just recently asked me to take out another personal loan so that she could pay the mortgage. i refused and i have stopped loaning money to family especially her and i don't pay the mortgage because it is not my debt. of course it is my problem since it legally is my debt. i'm in the middle of filing my paperwork with the court and i just want to know if i have to also worry about this along with everything else. any help would be appreciated.

[bigun]

Typical small loan company bluster. You can't go to jail for not repaying a debt. Even if you could, you'd have to be indicted by a grand jury and then arrested. You'd know if you were in trouble!
Separate yourself from yourfamily as much as possible and get the bk filed. Once filed, the bk comes with an automatic stay meaning, creditors are not allowed to contact you.

[Who's Liable?]

Originally Posted by eternalgrief

What is the name of your state? IL. i am 27 yrs old and in the middle of filing bankruptcy because of several loans and credit cards that my mother had me to take out starting the year i graduated highschool, put her house in my name, had me to take a mortgage on it to help get my eldest brother out of jail and then made me help pay the mortgage. basically that is the reason i am doing it. i have struggled trying to pay all of these debts myself due to the fact that i have always tried to listen to my mother and help her with the promise that she would pay me back if the two oldest brothers who are always getting in trouble wouldn't.

Sounds like you are a good candidate for a BK. You will need to include ALL debts, not just the ones you want. ANY type of loan either personal or private MUST be included.

Originally Posted by eternalgrief

Now she won't pay these debts or help to pay them unless someone is threatening to take me to jail as with this recent creditor. They are a finance company and they have you to put up some small personal property in order to get the loan. things that aren't worth the amount of the loan but as collateral. anyway,

You cannot go to jail for failing to pay a debt, debtors jail was abolished long ago. You will lose the personal property though.

Originally Posted by eternalgrief

i was fired from my job back in october while i was pregnant for refusing to pick up merchandise that was too heavy and refusing to climb ladders as i was close to 7 mos and couldn't do those activities without certain accomodations.i had asked them to do small things like supply a long cart for me to pull and put things up off of and maybe an extra worker to help put things up when i was covered up with many pallets of freight and of course the night manager refused. so i have been off of work and i just had my daughter, the doctor has had me off due to this.

Not relevant.

Originally Posted by eternalgrief

well i have informed this creditor of the situation and instead of taking the payments as i can send them in, he says he can't take partial payments and has brought an officer out to my mother's to arrest me. this is what my mother said,and i was wondering if he can do this?

Incorrect. You cannot be arrested for failing to pay a debt. You and your mother(or maybe your mother said this to scare you) where duped. If an officer did indeed show up, he was mostly likel asked to be present, nothing more. Again, debtors prison was abolished long ago.

Originally Posted by eternalgrief

so my mother paid the remainder of the loan payment balance since they said that they were going to issue a warrant and take me to jail.

Again, no debtors prison. It's a scare tactic collectors use to intimidate people, and illegal. Your mother had NO legal responsibility to pay the debt UNLESS she was a co-signer to the debt.

Originally Posted by eternalgrief

i am recently separated and my husband gives me support for myself and my daughter. we came to this agreement without having to go to court. he doesn't make a lot of money but he gives me the money to send payments to them because of the threats.

Take him to court for child support. You owe it to your children. If he can make a kid, he can work 2 jobs to support it.

Originally Posted by eternalgrief

they have constantly called him asking for money and text his phone all of the time. he has told them that it is not my number anymore and that he can try to bring money to them but it is not his debt.

Again, not his legal responsibility, UNLESS he is signed on as a co-signer.

Originally Posted by eternalgrief

i had all of these debts before we got married and separated,as i said my mother started out having me to get loans back when i was young.

Since you had the debts BEFORE you were married, common law does not apply to you, therefore your husband(now ex) does NOT acquire the loans.

Originally Posted by eternalgrief

everytime i'd pay them off she'd have me to do it again and she just recently asked me to take out another personal loan so that she could pay the mortgage. i refused and i have stopped loaning money to family especially her and i don't pay the mortgage because it is not my debt.

Good for you for refusing. Your parents are taking advantage of you by having all the burden put on you.

Originally Posted by eternalgrief

of course it is my problem since it legally is my debt. i'm in the middle of filing my paperwork with the court and i just want to know if i have to also worry about this along with everything else. any help would be appreciated.

Once you have filed BK, a notice will be sent to ALL your creditors informing them of your BK status. MAKE SURE to include this problem creditor! Once they have been informed of your BK proceedings, its is ILLEGAL for them to communicate with you for collection! Once your BK has been discharged, it is STILL ILLEGAL for them to contact you regarding the debt, and YOU can sue THEM for monetary damages.

[Ladynred]

They are a finance company and they have you to put up some small personal property in order to get the loan. things that aren't worth the amount of the loan but as collateral.

You would most likely NOT lose this property. As a non-purchase security interest, their 'lien' on your 'collateral' impairs your personal property exemption and a decent BK lawyer can have that lien avoided, you lose NOTHING.

[debtcollector`]

Originally Posted by Who's Liable?

Again, no debtors prison. It's a scare tactic collectors use to intimidate people, and illegal.

It is not a tactic used by responsible collectors. Pros don't do that.

DC

[eternalgrief]

thank you very much, i just wasn't sure exactly how the other situations applied to mine being that most of the ones i saw were about credit card companies threatening arrest. i've not had anymore trouble with the finance company, and my husband is giving me most of his monthly paycheck to support my daughter and myself. again thank you