Abuse of Financial Records to collect a debt Other Debt

All states allow married persons to own property as joint tenants with a right of survivorship (JTWROS) so that doesn't help us much in figuring how this judgment may affect you. In what state do you reside? It matters because each state's law is different.

What was the judgment for — breach of contract, a personal injury claim, or something else? That too makes a difference.

Who told you that? You may file bankruptcy separately from your husband, and even if you don't qualify for Chapter 13 you probably can file for Chapter 7. The main issue with a Chapter 7 is what assets of yours would be exempt from the claims of creditors, and for that it matters in what state you reside.

You might. Again, state law matters here. But generally after a money judgment is granted the judgment creditor may have you summoned to court to depose you about what assets and income you have in order to aid the judgment creditor in collecting the judgment.

That's a question best asked of your new attorney. But generally speaking the judgment creditor is allowed the attorney of his/her choice and as long as that attorney is not violating court rules or the rules of professional conduct you can't prevent him from being the attorney that does the deposition.

The creditor will then attempt to attach whatever income and assets you have that are not exempt from attachment. If you have nothing that is exempt from attachment then the judgment creditor gets nothing. Again, what assets and income are exempt from attachment depends a great deal on the applicable state law.

Without knowing the details of why the judgment creditor thinks it is entitled to the additional $20,000 it's impossible to guess what the court will do.

No idea since I don't know the details of how the mediation was going. It is a mistake to shut it down if there was a possibility that you might have reached agreement. If it was clear that you weren't going to reach agreement then shutting it down is probably a good move.

Whether the judgment is collectible is determined by what assets and income you have and what assets and income are exempt from attachment under applicable federal and state laws. So knowing the state is important to telling you what is exempt.

Here again state law matters a great deal. But generally they won't ask for those that often; they'd need some idea that your circumstances might have significantly changed that soon to make it worth doing, even if the state rules would allow it that often.

I'm not sure what you are asking here. But if the lien against you expires then it no longer attaches to the home.

No.

 

The means test would potentially keep you out of qualifying for relief under Chapter 13. If you fail the means test in a Chapter 13 you generally end up in Chapter 7 instead. The means test isn't used to determine if you qualify for a discharge in a Chapter 7.

The creditor will only be able to get the portion of your share of the equity in the house that exceeds the homestead exemption. If you don't have enough equity in the home to exceed the homestead exemption then the house is safe until such time as you do have equity over the homestead amount.

In addition, in Ohio if you bought the home before April 4, 1995 you may own the home as tenants by the entirety (TBE) rather than as joint tenants with a right of survivorship (JTWROS). TBE offers an additional layer of protection when only one spouse owes the debt.

If lien simply expires due to time then it generally automatically ceases to attach to the home. You typically don't need to file something extra for that.

In some states that would be considered a fraudulent conveyance to your husband. I haven't researched Ohio law on that, however. It's something to discuss with your lawyer.

 

No idea what the defense would be since it's important to review the evidence against him and all the other facts of the case to come up with a defense. But note that he is accused of more than just throwing a pumpkin. The article says he actually pushed the woman and slapped her in the back. Those acts would be the crime of battery by themselves. The act of throwing the pumpkin through the window is at least destruction of property and considering it shattered glass that ended up in a crib in which a baby was sleeping that could result in a crime like child endangerment. He sounds like he may have some anger control issues to work out.

 

Call this guy...

 

Or these:

 

That above is meaningless. What US state do you live in and is that the same state that the judgment was issued in?
If you refuse to answer that question (again [post hx]) then you won't get any useful answers.

 

The state is Ohio. The prior thread appears to explain what's happening.

Judgement, 7 times what I earn in a year

 

The Fair Debt Collection Practices Act

This federal law addresses abusive methods used by third-party debt collectors. This act can create liability for harassing or abusive practices, like speaking to people other than the debtor about the obligation, repeatedly calling, trying to collect amounts not due, intentionally reporting inaccurate amounts to credit reporting agencies, and so forth.

Statute of Limitations
Ohio’s statute of limitations is six years regardless of the type of debt. The time limit is counted from when a debt became overdue or when a borrower last made a payment, whichever happened more recently. If it’s been more than six years, a creditor cannot sue a debtor for debt collection purposes.

https://www.hg.org/credit.html#:~:t...lps customers know,to in a credit transaction.




There Are Two Federal Laws That Protect Your Credit — Here's What They Are And What You Need To Know To Keep Your Credit Safe | Bankrate.com

What are the Major Laws that Regulate Credit?


Ohio State Laws on Consumer Debt
Ohio has ample consumer protection laws, which contribute to residents’ overall financial well-being. Some Ohio laws reinforce and reiterate federal laws. Others go much further than nationwide protections, adding to consumer rights within the state.

Consumer Debt in Ohio – Collection, Settlement, Regulations.


How to respond to lawsuit for debt in Ohio

How to Answer a Summons for Debt Collection in Ohio (2020 Guide) | SoloSuit Blog

 

No. But there is method to their apparent madness. A lot of debtors that are trying to actively evade collection of their debts will hide money and assets in the names of their spouses or others to whom they are close (e.g. kids, etc). So getting information on the spouses accounts can help dig out that kind of thing and provide the creditor with an avenue to collect those stashed assets.

Yes. First of all, your partner would be the one to send the letters since they are his/her accounts and the financial institution will only care about what the account owner wants. Second, no financial institution is going to release financial information on a customer account just because some lawyer calls up and asks for it. The financial institution will want to see either a signed release from the account owner or a court order or other legal process (summons, subpoena, etc) that compels the institution to provide that information.

Every financial institution is required by federal law to have a privacy policy and to provide that policy to its customers. Many institutions make their policies available to their customers online. Look at the privacy policies of the institutions involved. I think in general, they'll boil down to saying that they consider their customer's privacy to be important, that they will only release information in certain specified situations (which usually is at the customer request, as needed to process transactions for the customer, sometimes to share information with business affiliates of the institution, and as required by law or by court order, etc) and explains how you can opt out of some of the information sharing.

 

No difference as far as the profession goes. But an attorney is simply one that can act in your stead.

 

In the U.S. the term attorney is usually meant as shorthand for attorney at law, and attorney at law and lawyer essentially mean the same thing: a person who is licensed to practice law. There are, however, other phrases containing the word attorney that have different meanings (e.g. power of attorney).