debt collection questions

[mwenmenm]

What is the name of your state? South Carolina New York
I have judgements against me in New York and a frozen bank account. I recently moved to South Carolina. My wages cannot be garnished here, correct? Can I open a bank account and can it be attached here by the company in NY? If I cash my paychecks through another party, can they go after their account?

[TiredOfAbuse]

I recently moved to South Carolina. My wages cannot be garnished here, correct?

In short, you are correct.

Wage Garnishment in SC is only allowable in the case of Child Support. That comes directly from the SC DLLR (South Carolina Department of Labor, Licensing, and Regulation).

Can I open a bank account and can it be attached here by the company in NY?

You can open a bank account anywhere you want. The only way they can freeze your fluid assets (Bank Account) is if they domesticate the judgement to SC and petition the court there to do so.

I am sure someone will correct me if I am wrong.

If I cash my paychecks through another party, can they go after their account?

The only way I see this happening is if they have really good proof you were doing this. Personally, I can see you getting away with it.

You may want to check out if you can file for Exemptions in SC, as they can (and might) go after your personal assets as well.

Have you considered contacting the Judgement Holder and coming to terms on repayment? This is going to haunt you for quite some time, and if the debt is legitimately yours, dealing with it may eliminate these kinds of suprises - like Bank Account Freezing.

Good luck!

TiredOfAbuse

[dcatz]

Wage Garnishment in SC is only allowable in the case of Child Support.

And taxes, government-funded loans and court-mandated fines and fees.

The only way they can freeze your fluid assets (Bank Account) is if they domesticate the judgement to SC

True and, since I wasn’t aware that any of the forums endorse the kind of evasion being discussed (and that was the reason for no prior response to the post), let me expand on the answer from a different perspective – the creditors’.

You have judgments (plural). Unless your employer is outside of SC, in which case there is a good possibility of wage garnishment anyway, it makes good sense to domesticate (especially if I think that you’re playing the other games being discussed). Every domestication is a new judgment, a new trade line on your CR and new judgment enforcement SOL. If SC applies it’s own post-judgment interest rate to domesticated judgments (some states do and some don’t – if you’re evading, I’m not bothering to check on SC), your interest rate goes up 2% APR.

The only way I see this happening is if they have really good proof you were doing this. Personally, I can see you getting away with it.

I can’t. Not only can I eventually determine that you’re doing it (trust me-I can), I’m going to seize the assets, including the bank account, of the person who is aiding and abetting. I’m going to do it based on them being a third-party asset holder. Maybe they aren’t any longer, and all they have to do is go through the motions to prove that there is no co-mingling or fraudulent transfers and they get their assets back, but I bet they don’t want to play the game anymore. Really good proof? I need just enough reasonable good cause to immunize me from wrongful seizure and, when you/they explain to a court why it happened, I think I’m ok. If they’re not a third-party holder when it happens, the court gives them their stuff back. Maybe all they lost is a timely rent or car payment. And why did it happen? Because you played games and got everything moved to the top of the stack.

[TiredOfAbuse]

Have you considered contacting the Judgement Holder and coming to terms on repayment? This is going to haunt you for quite some time, and if the debt is legitimately yours, dealing with it may eliminate these kinds of suprises - like Bank Account Freezing.

Thanks for your input dcatz! Since you quote me, I will bring this up. Yes I answered the OPs questions, and as I quote myself above - you neglect to mention that, just possibly, I do not agree with the "game playing".

True and, since I wasn’t aware that any of the forums endorse the kind of evasion being discussed (and that was the reason for no prior response to the post), let me expand on the answer from a different perspective – the creditors’.

Oh I'm sorry, here, please see below and consider yourself informed.

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding.

Like other posters, I am tired of being accused of things. If you can't read my posts in full, please do not quote them. I do not endorse playing games.

TiredOfAbuse

[dcatz]

I read your post – all of it. I assume that the OP also read all, if any. I’ve also read the disclaimer. You weren’t accused of anything. The “input” wasn’t even directed to you. Your post implied that you were open to correction, if you were wrong. I said that you were right. You just didn’t go far enough. Perhaps you’re being a little too thin-skinned, if you see any information that suggests to an OP that there are additional facts and/or additional implications to your advice to consider. If so, and if there is, and if it’s withheld at the risk of making you feel victimized, the OP is the only true victim. Wouldn’t you agree?

If you’re now asking, because you’d like my opinion, I had no problem with your concluding remark. However, if you don’t approve of game-playing, and if you see the idea of having others cash the debtor’s checks as game-playing, I suggest that it’s a simple matter to either say it or to decline to respond to that portion of the post. You’re good-hearted, but I also suggest that a response that is tantamount to “address your debt but, if you want to try an end-run around your creditor, you can probably be successful” sends a mixed message and not one that the OP is going to get.

The OP knows that problems follow judgments. There already are frozen accounts. The OP is trying to ensure that wage garnishment can be avoided. It’s not likely that a reminder that payment makes the problem go away is necessary – true ‘tho it may be. However, the OP also has an idea for evasion and wants to know if that will work too. Saying it won’t, after you’ve said that it probably will is accusatory? Ok, say the word and I’ll delete the post. Seriously. It won’t stop future events, but it’s no skin off my nose if the OP hasn’t read and doesn’t know.

I don’t even regularly post here. In another thread, you sent an OP to Connecticut Legal Aid for advice and I posted Connecticut law, which answered some questions and clarified issues that you did not. I suggested matters that the OP might consider before following a potentially unproductive course of action, when there were time constraints. That was for the OP. If you took that personally as well, that’s your issue and not mine. I’ll slink back to Civil Lit. and Small Claims and you can post as you wish, unfettered. But I expect that regular forum members may still respond to mixed messages and incomplete data in ways that are at least as seemingly confrontational as you saw my posts. That’s not my issue either.

[TiredOfAbuse]

I do agree with you completely. My issue was not based on the user getting enough information though.

I am in the wrong and thank you for pointing that out. I did send a mixed message and I will do my best to avoid that in future.

Actually it is nice to have you here. I do apologize for jumping the gun. I get a lot of heat here. I do ask others to constructively correct instead of just jumping my case. You had done that and I had neglected to see your commentary for what it was.

TiredOfAbuse

[mwenmenm]

Actually, I am just one year shy of the New York SOL, which I believe to be seven years. In SC I believe that it is three, correct?
I have no assets to be seized. I am perfectly happy to cash my my checks in my cousin's account and as his last name is not the same as my own, I don't see that they will find it.
I use his car, live at one of his places, have no credit cards and pay everything in cash.
You are saying that they can take my tax refund, but they will have get a judgement here first, correct? Well, that just might be a price I have to pay. Speaking of which, I have no problem paying them half the money, which they offered, but I don't have that much and the payments they want would be too much.
So, aside from the "game playing bit" (as if the collectors don't play games... give me a break), from a purely legal point of view, I don't see why I should not wait this out. But, more of your insight is certainly welcome. Thanks and good luck.

[mwenmenm]

I have seen creditors and collectors "point of view" on many of this sight's posts and they always say the same thing... pay the money (suprise, suprise). However, SOLs exist and I am sure that some people do in fact wait them out. What about that? Anybody know of people who have waited out the SOL and never ever paid a cent? Or can anybody prove to me that it is impossible?
I mean, if someone is willing to pay cash for everything, utilities, rent etc. and they don't need a vehicle (NYC is great in both cases) and work "under the table", as I did in NYC, or live in a state where wages cannot be garnished, and are willing to keep money at home instead of a bank, then how is it not possible to wait out the SOL. Good Luck.

[dcatz]

Actually, I am just one year shy of the New York SOL, which I believe to be seven years. In SC I believe that it is three, correct?

Actually, no. You appear to confusing the SOL for collection on a debt with the SOL for enforcement of a judgment. Try 20 and renewable and 10.

[mwenmenm]

Why too, if the CR is already so bad, and I will not be in a position to buy a house or nice car for some time, would I be so worried about that factor? Here someone needs to tell me more about credit reporting systems and statutes.
You see, after my experiences with CCs and collectors, I have come to the conclusion that they are to be avoided at all cost... "If you can't pay cash, you can't afford it!"
If windfall occurs, inheritance or lottery, some unexpected luck as such, then I pay the debts anyway and fix the credit. If I land a really good job, then I pay the debts and fix the credit. But, in the meantime, why not wait out the SOL. Please, convince otherwise. Good Luck

[mwenmenm]

that I have been considering is bankruptcy. Any views on that given my situation? Thanks

[mwenmenm]

So there is a difference between SOL on judgement and SOL on collection? I did not know that. Any lawyers out there? I need to know more about this. Does the SOL on collection also vary by state? I think I better speak to a lawyer.
You see, after experiencing the tactics of the collectors, even after I tried to work with them, I don't want to pay them even if it costs me more in the end. Also, I consider the manner in which I was lent the money to be "preditory", as I was young and ignorant of the ways of these things. I do take the blame for my own stupidity, but, as I say, after the whole experience I really don't want to pay these folks a penny.
On the other hand, I won't break the law so if I need a lawyer's help then that is the way I have to go. Good Luck

[annajosie]

I'm not a lawyer. I am a consumer. I think bankruptcy is something to do as a last resort. In the case of the OP, it depends on how much debt you are in as to whether or not it would pay you to file BK. (at least in my humble opinion). It costs money to do this and you have to weigh the pros and cons.

As far as cashing your check and using your cousin's checking account, if this could present a problem, then you can always cash your check at any store or check cashing place. True, you do have to pay a fee, but at least you don't have to worry about some judgement creditor trying to freeze an account.

[mwenmenm]

Thanks Annajosie,
I here you! It was just so convenient to cash my checks with my cousin because I pay him rent and my half of so forth. But, likely I will stop doing this because he is rather wealthy and would have assets the collectors would want to go after. I guess I will just pay the check cash fee. He even has offered to solve all of this for me (pay the debts) but I don't like to take from people that way. What I may do, however, is have him pay for the bankruptcy even though I only owe @ $17,000 because I really don't want these people (the CC and collectors) to get any money from me. I won't bother to go into details of how the CC companies and collectors treated me despite the fact that I was a good client, payed on time and etc. until one missed payment and it all snow balled very quickly despite me best efforts to work with them on an honest and upfront basis (boy was I nieve). Anyway, it has become a matter of principle for me that they are not going to get that money even if I end up paying lawyers even more to settle the matter.
The one lesson learned from it all: "If you cannot pay cash, you cannot afford it". Good Luck

[mwenmenm]

Just spoke to a friend of a friend's lawyer. After explaining my situation she claims that I should sue the original CC companies (she was vague on the grounds except that it involves misrepresentation). She also claims that for $1200 I can have my credit records expunged. Anybody heard of any such thing? Anybody know if this is legal? Any advice? I can tell you that she has been the lawyer for said person for a long time and is highly reputible here as far as I can tell. I mean that her client base is wealthy. Good Luck