senior citizen, assets & debt collection

[annajosie]

What is the name of your state? Fl.

This is somewhat of a continuation of the Debt Collection thread that has been closed.

I wanted to say that the reason I brought up not having a bank account if you are afraid of it being frozen, is because I have worked as a caregiver to a senior citizen who had a judgement against him. The gentleman talked to a bankruptcy attorney who advised him to stop direct depost and either keep a minimal amount in a checking account and/or cash his ss check and pay with money orders instead. I personally do have a checking account and do not have this gentleman's problem, but this is the advice he was given by an attorney.

Chein, I don't know much about judgements per se, but I thought that the debtor was required to give the judgement creditor the information he needed about the debtor's financial matters. That's why I thought that a debtor exam was part of the procedure.

I also thought that if you didn't appear to give this info, they could issue a warrant for you. As far as lying at a debtor's exam, isn't that perjury; aren't you under oath?

Maybe I'm from another century or something, but I was brought up to believe that when you are sworn to tell the truth, that's exactly what you do.

Oh well, I guess the world has changed alot and I am definitely out of sinc with what goes on.

[Chien]

annajosie – it’s considered bad form to continue a locked thread. I’m not chastising; merely informing. The last to do it to my knowledge was GulfBreeze aka daprez1963. His effort was locked too. Not someone to emulate.
[url]http://forum.freeadvice.com/showthread.php?t=380076[/url]

While I wasn’t posting, you can PM, but the “search” function should tell you the reality of debtor exams. A small hint:
“Sure, he'll be in contempt, if he doesn't answer. Now ask your attorney what the courts in AL do about civil contempt of this nature. Not saying you shouldn't do it and maybe get lucky, but I think you'll find a lot of posts in these forums from ticked-off OPs who found that the Sheriff/Marshal in their state didn't do anything AND they had to pay to get the contempt warrant issued. The plain fact of the matter is that if every debtor who ignored an Order to Appear or failed to answer Interrogatories were arrested and jailed for contempt, most Sheriffs wouldn't be doing anything but that and wouldn't have the manpower or the jail space to try.”

[annajosie]

Thanks for your answer, Chein. I do apologize for reopening a locked thread. I did not know that you were not supposed to do that. Thank you for telling me that.

I will research threads about this. have a nice evening