Debt Collection....Kind of?

[moburkes]

Well, in the case of the person that I asked about, it was taken directly out of his bank account.

 

[daprez1963]

I don't agree with debt collector's comment about someone not being good at their job.

If the old gentleman had NO ASSETS, then please explain to me how debt collector can get anything from him.

(unless, of course, he owns a dog) lol

Anybody can sue you and if you owe the money, you owe the money. But, not everybody has the ability to pay the money back. Social security money is EXEMPT. If you don't want a creditor to try to get it, don't put it in the bank. The collector can freeze a bank account, but if there's no money in it, he's not getting anything.


So I would appreciate somebody explaining how you collect on a debt if there is nothing there to collect.

Don't hold your breathe on that. They will claim to be able to, but that is it. They will not offer ANY thoughts on how. Even the bank account is exempt if the funds are from his SSI. I really would love to hear how they claim to be so good at getting money from a totally exempt person. But then they would be giving away trade secrets and possibly expose how sneaky they are, like tricking the debtors. So, again, don't hold your breathe on them telling you how. I think its all talk and can't imagine them being able to get one red cent from the likes of a person mentioned.

 

[moburkes]

You're more than welcome to do a search for the question that I just asked when a family member's bank account was levied.

 

[daprez1963]

You're more than welcome to do a search for the question that I just asked when a family member's bank account was levied.

I think we were talking about the chap who had no assets and only drew SSI. Though we are getting off the OP's situation, as usual. It still needs to be adress that some will come here and preach from the pulpit that they are the second-coming of the christ and be able to do miracles such as getting money from people who have no assets.

 

[moburkes]

I think we were talking about the chap who had no assets and only drew SSI. Though we are getting off the OP's situation, as usual. It still needs to be adress that some will come here and preach from the pulpit that they are the second-coming of the christ and be able to do miracles such as getting money from people who have no assets.

I asked the same question in my own thread, for a family member. No assets. Social security disability. Their bank account was levied.

 

[daprez1963]

I asked the same question in my own thread, for a family member. No assets. Social security disability. Their bank account was levied.

Do you have the state and case specifics to mention? In a lot of states, funds in a bank that are from SSI are protected. I find this hard to swallow. They can try, but once they do put a hold on it, a simple "exemption hearing" would be called for and the funds released, and this would not happen again. Those funds are also protected for a certain amount of time as well, as long as only those type of funds were deposited into that account.

 

[moburkes]

Do you have the state and case specifics to mention? In a lot of states, funds in a bank that are from SSI are protected. I find this hard to swallow. They can try, but once they do put a hold on it, a simple "exemption hearing" would be called for and the funds released, and this would not happen again. Those funds are also protected for a certain amount of time as well, as long as only those type of funds were deposited into that account.

The state is Ohio. Again, you're more than welcome to pull the thread.

 

[daprez1963]

pull the thread.

can you make it easy and post the thread url?

 

[annajosie]

Moburkes, I did pull your thread and I did read it. You received some good answers from Chein, as did I when I had a question.

What really burns me up is that a creditor (if he does a debtor's exam) and KNOWS that the debtor is only on social security, SSI, SSDI, will still freeze somebody's account and pretend that they "DIDN'T KNOW THAT THE MONEY WAS EXEMPT".

That is bull. They damn well know it is exempt. What they're probably hoping, is that some other monies will be put into the account thereby muddying the water so to speak.

In the meantime, the poor soul who is existing only on ss, ssi, ssdi, has to wait until the funds are released. That is why I personally do not believe in direct deposit, or having anything in an account over 5 or 10 dollars. If need be, the person can always cash their check at a store and pay any bills with money orders.

That might not be as convenient as just writing a check, but it beats having your money frozen by some sleezebag creditor.

 

[moburkes]

Some people, feeling "immune" from debt collection, don't respond to the lawsuit, so, they don't assert the proper defense.

 

[TigerD]

Moburkes, I did pull your thread and I did read it. You received some good answers from Chein, as did I when I had a question.

What really burns me up is that a creditor (if he does a debtor's exam) and KNOWS that the debtor is only on social security, SSI, SSDI, will still freeze somebody's account and pretend that they "DIDN'T KNOW THAT THE MONEY WAS EXEMPT".

That is bull. They damn well know it is exempt. What they're probably hoping, is that some other monies will be put into the account thereby muddying the water so to speak.

In the meantime, the poor soul who is existing only on ss, ssi, ssdi, has to wait until the funds are released. That is why I personally do not believe in direct deposit, or having anything in an account over 5 or 10 dollars. If need be, the person can always cash their check at a store and pay any bills with money orders.

That might not be as convenient as just writing a check, but it beats having your money frozen by some sleezebag creditor.

It isn't exempt until they file their exemptions with the court. The thing to remember is that for every mickey mouse game a debtor plays, a creditor has one to play as well. If you have someone that is on social security and says he has no obligation to pay because he cant be made to pay. Freezing his accounts for six months while the exemptions are filed and fought over at the hearing and then returned through the slow sheriff's department -- is a great attitude adjustment for the debtor. A number of settlements are made right before the debtor gets put out on to the street.

DC

 

[daprez1963]

It isn't exempt until they file their exemptions with the court. The thing to remember is that for every mickey mouse game a debtor plays, a creditor has one to play as well. If you have someone that is on social security and says he has no obligation to pay because he cant be made to pay. Freezing his accounts for six months while the exemptions are filed and fought over at the hearing and then returned through the slow sheriff's department -- is a great attitude adjustment for the debtor. A number of settlements are made right before the debtor gets put out on to the street.

DC

spoken like a true debt collector. lets all clap and show our appreciation to someone who lets it all out for the world to see what DC is really all about. thanks dc. you are a true ********.

 

[moburkes]

Grow up. This is no different from someone who doesn't contest paying child support. This is no different from someone who ignores any other lawsuit against them. This is no different from someone who drives without insurance and causes an accident, then screams because the other party's medical bills or repair bills were "excessive".


Really. Just. Grow. Up.

Stop being a victim, and, instead, be an informed consumer.

In reality the debtor owed the money. The debtor benefited from the use of whatever it was that caused the lawsuit. Now, because he's on some type of social security, he doesn't want to pay for the items/money that helped him live over the past few years.

 

[daprez1963]

Grow up. This is no different from someone who doesn't contest paying child support. This is no different from someone who ignores any other lawsuit against them. This is no different from someone who drives without insurance and causes an accident, then screams because the other party's medical bills or repair bills were "excessive".


Really. Just. Grow. Up.

Stop being a victim, and, instead, be an informed consumer.

In reality the debtor owed the money. The debtor benefited from the use of whatever it was that caused the lawsuit. Now, because he's on some type of social security, he doesn't want to pay for the items/money that helped him live over the past few years.

I believe the whole purpose of the "exemption" law which exist in most states is so to protect certain people from being penniless and unable to support basic needs such as shelter, food and medical needs. they would end up on the streets and on government assistance. the creditor was the one taking the risk, extending credit. unfortunately, they are on the bottom of the totem pole as far as collecting money. with this law, why would the courts allow creditors from seizing certain items and money that would essentially deprive a person from basic needs to survive....just so the creditor can get their money back? well, maybe some of you should be lobbying legislators instead of hanging out here. until then, the law is on the debtors side, despite all your negative posts and rant and raving.

 

[moburkes]

You have to assert the exemption. Period.