Debt Collections

[ameratsu21]

What is the name of your state (only U.S. law)? Nebraska

To give a little back ground, I spent some money, lost everything was homeless for a year and a half, and got back on my feet. Well this particular debt collection agency has always been very rude to me, and was never willing to work with me on repaying my debt to them. I was unable to work for about a year and am now married and a stay at home mom. I have no personal income so everything we buy/pay comes from my husbands earning. We do not have a joint checking account. This particular debt collectors I have already paid over 1 thousand dollars to them and settled one of my debts. The other debt I owe then is a little over $800. I am unable to make monthly payments due to already making monthly payment on creditors that worked with me to keep them from going delinquent, but I use all of the household income tax to repay debts that are delinquent. July 12th two officers showed up on my door giving me a paper they told me they would be back in two weeks to take any property to repay the loan or if that wasn't sufficient my wages would be garnished. And that if I wanted to stop that from happening I needed to call the number at the bottom of the page.

After reviewing the page the only date listed on it is July 3, 2014 and is the two week time limit from then? Also if I make no money and I don't own a car, or property (we rent), and everything else of value has been purchased using my husbands money and the car is in his name (although I am listed as an inheritor), I have inherited my grandmothers bedroom set (dressers, nightstand, chest, and cabinet), I also have a few other furnishings I received form my mother. We also have a roommate, is his stuff at risk? Reading the letter I was given it mentions a "Notice of Exemptions" that is attached, but I never got that. If they are coming this weekend we are going out of town for my mother-in-law's bridal shower, what do I do?

On top of this they are now charging me $9049.00 plus extra fees on top of the 800 I already owe them. What has been suggested to me was to go bankrupt. Besides for spending the weekend freaking out. What am I suppose to do and how does it affect my husband?

 

[TigerD]

It doesn't sound like you know what is happening.

I would suggest you seek an appointment with Consumer Credit Counseling Service to try and get a handle on your finances. It may well be that you have no other option than bankruptcy. But there is no way anyone here can advise you without a full disclosure of your financials. Please don't do that.

DC

 

[single317dad]

http://www.legalaidofnebraska.com/article/280

Exemptions are about 1/3 of the way down.

 

[Just Blue]

What is the name of your state (only U.S. law)? Nebraska

To give a little back ground, I spent some money, lost everything was homeless for a year and a half, and got back on my feet. Well this particular debt collection agency has always been very rude to me, and was never willing to work with me on repaying my debt to them. I was unable to work for about a year and am now married and a stay at home mom.

You would be LESS stressed out if you went to work. Based on your opening post you really can not afford to be a SAHM. Good Luck!!

Blue

 

[ameratsu21]

still stressed

Ok so I replied to this thread and it disappeared, so I'll try this again.

I have been able to talk to a lawyer who told me to try to get one thousand and settle, I'm still working on that. Otherwise he can't do anything till I receive a Notice of Exemptions, and we may have to file for a chapter 7.

So my next questions that haven't haven't had luck in finding is are they (police) allowed to seize you property before they give you time to file a notice of exemptions? I've been told that they seize your property the same day and then you use the notice as a way to get your stuff back and that no you have 20 days to fill it out before they come back...Also how do I prove what is mine and what is not? (I rent, all the appliances and some stuff in the garage belong to the land owners, the third bedroom is subleased, he has a bunch of expensive stuff and a new car, a neighbor is using our garage to store some equipment for her horses) How do I prove none of that stuff is mine?

 

[Just Blue]

Ok so I replied to this thread and it disappeared, so I'll try this again.

I have been able to talk to a lawyer who told me to try to get one thousand and settle, I'm still working on that. Otherwise he can't do anything till I receive a Notice of Exemptions, and we may have to file for a chapter 7.

So my next questions that haven't haven't had luck in finding is are they (police) allowed to seize you property before they give you time to file a notice of exemptions? I've been told that they seize your property the same day and then you use the notice as a way to get your stuff back and that no you have 20 days to fill it out before they come back...Also how do I prove what is mine and what is not? (I rent, all the appliances and some stuff in the garage belong to the land owners, the third bedroom is subleased, he has a bunch of expensive stuff and a new car, a neighbor is using our garage to store some equipment for her horses) How do I prove none of that stuff is mine?

Whan you use the preview function it will eat your post(s).

Please see post #4.

Thanks
Blue

 

[Jeran]

Ok so I replied to this thread and it disappeared, so I'll try this again.

I have been able to talk to a lawyer who told me to try to get one thousand and settle, I'm still working on that. Otherwise he can't do anything till I receive a Notice of Exemptions, and we may have to file for a chapter 7

Who is the lawyer working for? Is this your bankruptcy attorney? Or is it the lawyer for the debt collector?

What do you mean about the "Notice of Exemptions"? Who is supposed to send it to you?

If you haven't already spoken to a bankruptcy attorney about chapter 7 bankruptcy, it sounds like a very good time to talk to one about it and see what your options are.



.

So my next questions that haven't haven't had luck in finding is are they (police) allowed to seize you property before they give you time to file a notice of exemptions?

The police would not be involved at all. It would be your county sheriff. Who is telling you they are going to seize your personal belongings, your personal property? If it is the debt collector, keep in mind they love to bluff and scare people into voluntarily coughing up a payment to them. As you can see, it often works quite well on scaring people. But step back and think for a moment about what would be involved in taking your personal property-- the huge amount of effort involved-- and how much they would end getting for used personal belongings at an auction.

I've been told that they seize your property the same day and then you use the notice as a way to get your stuff back and that no you have 20 days to fill it out before they come back...Also how do I prove what is mine and what is not? (I rent, all the appliances and some stuff in the garage belong to the land owners, the third bedroom is subleased, he has a bunch of expensive stuff and a new car, a neighbor is using our garage to store some equipment for her horses) How do I prove none of that stuff is mine?

The new car would be registered in the land owner's name, not yours, so that would be easy to prove.

The sublease agreement would be proof that there is another renter on the premises and that some of the items belong to the other renter.

You could get the true owners of the other personal property to sign an affidavit and get it notarized about what is theirs, and have that on hand if in fact a sheriff's deputy or constable came by to actually take personal property. Simply telling them about the possibility of their stuff being seized might be enough to get them to come get it out of your rental home.

But, do you see how complicated this would all become for the creditor trying to make any money by getting and selling it at auction? This is why it is so rarely ever done. It's a huge headache for everyone involved, and at the end of the day all they get for auctioned used personal property would be peanuts.



Now, this is from Arizona law, and this is why I like tell people that the less you speak to a debt collector, and the less information you give them, the better...

QUOTE: "The Sheriff or Constable has no right of entry into a person’s home and cannot search the individual when serving a Writ of Execution. If you can provide information on nonexempt personal property owned and its location, the results will be more effective."

http://courts.yavapai.us/prescottjc/files/2012/02/Enforce-Judgment.pdf

 

[ameratsu21]

You would be LESS stressed out if you went to work. Based on your opening post you really can not afford to be a SAHM. Good Luck!!

Blue

Well there was a reason that I didn't respond to your post in the first place but since you insist I will. There is a definite reason I CAN"T work right now: 1. I live 14 miles from the nearest town my husband owns our only car.
2. I medically am not allowed to drive, I depend on my husband to do any driving, grocery shopping, traveling.
3. I am not on any state or government funded aid.
4. He makes more money working at the local factory, then we both did working, it would cost more to synchronize our work schedules, pay for child care, and gas. Then it would for me to stay home do all the house work and raise our daughter.
5. Since you made assumptions about me I'm going to make a few about you, you probably can drive, and have a successful job, without major medical problems, and have no idea that I have been working with a budget for paying off my debts since I got into this situation.

I came here to ask for legal help, since I'm not all that familiar with the legal/law side of things and what people can and cannot do. All my other creditors have worked with me through this horrible period in my life, except these guys (refer to my original post) I do not want to go bankrupt, because financially I don't need to and things will be all paid off in a couple more years except my student loans. Except for these jerks who are going to force me to default on all my debts just cause they refuse to work with me.

 

[Zigner]

Except for these jerks who are going to force me to default on all my debts just cause they refuse to work with me.

 

[Just Blue]

Well there was a reason that I didn't respond to your post in the first place but since you insist I will. There is a definite reason I CAN"T work right now: 1. I live 14 miles from the nearest town my husband owns our only car.
2. I medically am not allowed to drive, I depend on my husband to do any driving, grocery shopping, traveling.
3. I am not on any state or government funded aid.
4. He makes more money working at the local factory, then we both did working, it would cost more to synchronize our work schedules, pay for child care, and gas. Then it would for me to stay home do all the house work and raise our daughter.
5. Since you made assumptions about me I'm going to make a few about you, you probably can drive, and have a successful job, without major medical problems, and have no idea that I have been working with a budget for paying off my debts since I got into this situation.

I came here to ask for legal help, since I'm not all that familiar with the legal/law side of things and what people can and cannot do. All my other creditors have worked with me through this horrible period in my life, except these guys (refer to my original post) I do not want to go bankrupt, because financially I don't need to and things will be all paid off in a couple more years except my student loans. Except for these jerks who are going to force me to default on all my debts just cause they refuse to work with me.

You actually got it all wrong about me:

I am horrible at driving so choose to not endanger my neighbors by getting a license.
I am a SAHM
I suffer from some medical problems myself.
I also didn't have children that I could not afford at the expense of others.


Now...I made a presumption regarding you...And you feel free to make one about me based on the info I gave you.

You still need to pay your bills.

 

[ameratsu21]

You actually got it all wrong about me:

I am horrible at driving so choose to not endanger my neighbors by getting a license.
I am a SAHM
I suffer from some medical problems myself.
I also didn't have children that I could not afford at the expense of others.


Now...I made a presumption regarding you...And you feel free to make one about me based on the info I gave you.

You still need to pay your bills.

Here's one: you only read what you want to. Try reading all my previous post a little better, as to why I don't want to go bankrupt, and since I am here asking for legal advice, I am unclear what, if any assistance you offer since you aren't offering any useful advice at all.

 

[Just Blue]

Here's one: you only read what you want to. Try reading all my previous post a little better, as to why I don't want to go bankrupt, and since I am here asking for legal advice, I am unclear what, if any assistance you offer since you aren't offering any useful advice at all.

I actualy did...You are just to intent on making others wait to "get" what I was advising.

Good luck with your deadbeatness.

 

[Zigner]

You made an agreement and now you want to unilaterally change that agreement...and THEY are the jerks?

 

[ameratsu21]

You made an agreement and now you want to unilaterally change that agreement...and THEY are the jerks?

Ok so how am I doing that?

 

[Zigner]

Ok so how am I doing that?

Don't be obtuse.