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Abuse of Financial Records to collect a debt Other Debt

Discussion in 'Other Debt, Collection, Garnishment' started by flutterby, Oct 31, 2020.

  1. flutterby

    flutterby Law Topic Starter New Member

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    I have a few questions about a judgement filed against me. No need fo for entire explanations; just 1 or 2 words.

    A little about my situation...
    -Reside in a Joint Survivorship state.
    -the countersuit was filed on against me, my husband is not named
    -Bc of my husband's income, I don't qualify for Chapters 13 or 7
    -Technically I qualify for disability, there is no way I can return to FT work due to PTSD, memory problems related to past ineffective of Treatment-resistant depression in the past, Generalized Anxiety and Panic Disorder).
    -I work PT retail; I do not make enough for garnishment
    -lien is on my half of the deed, the mortgage is in only my husband's name


    Will I have to go into a courtroom with the attorney to answer questions again?



    Is there anything my new attorney can file for the other attorney to not send me into another dissociative episode again? The man is truly terrifying. Just thinking about him makes me so anxious I tremble.



    What happens when a judgement creditor refuses my husband's settlement offer, instead opting to attempt collection of the full amount?


    When I attempted mediation at a higher court, the judgement creditor demanded another $20k and personal property in addition to the judgement decision? Does the Court of Commpleas change their ruling to the amount the debt creditor is demanding?



    Even though I have made settlement offers several times, I shut down above mediation immediately. Was that a bad move on my part?



    Who decides if my judgement is uncollectible?



    ***Will I be forced to answer supplementary interrogatories every 60-90 days until the judgement expires?


    What happens to a lien on my half of our house expires?



    Can I be forced to work FT to pay the debt?



    Is "not applicable" an acceptable/"meaningful" answer to questions about my husband's income, mortgage account, property titled to him as well as an inheritance?



    Is using a vehicle previously titled in my name as a trade-in for a vehicle titled in my name considered transfer of property?



    What about if I were to have a car accident, my ins company totals out my car? Who gets the payout?



    Who is senior/junior creditor on my husband's mortgage when the judgement creditor's lien is on my half of our deed?



    What will the penalty be bc my husband stopping depositing his wages into accounts with my name on them?

    Thank you so much for any answers, hopefully, they will help me sleep tonight.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    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.

     
  3. flutterby

    flutterby Law Topic Starter New Member

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  4. flutterby

    flutterby Law Topic Starter New Member

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    flutterby said:

    -the countersuit was filed on against me, my husband is not named

    Malice, abuse of process, interference with a business, defamation


    flutterby said:

    -Bc of my husband's income, I don't qualify for Chapters 13 or 7


    Means test, two attorneys, and one who said malice is easy to get around.


    I am eligible to use Ohio Homestead to protect our equity,,, me not being on the mortgage will probably put a kink in his collection plan…

    flutterby said:

    Will I have to go into a courtroom with the attorney to answer questions again?





    flutterby said:

    Is there anything my new attorney can file for the other attorney to not send me into another dissociative episode again? The man is truly terrifying. Just thinking about him makes me so anxious I tremble.


    flutterby said:

    What happens when a judgement creditor refuses my husband's settlement offer, instead opting to attempt collection of the full amount?


    flutterby said:

    When I attempted mediation at a higher court, the judgement creditor demanded another $20k and personal property in addition to the judgement decision? Does the Court of Commpleas change their ruling to the amount the debt creditor is demanding?


    flutterby said:

    Even though I have made settlement offers several times, I shut down above mediation immediately. Was that a bad move on my part?

    flutterby said:

    Who decides if my judgement is uncollectible?

    flutterby said:

    ***Will I be forced to answer supplementary interrogatories every 60-90 days until the judgement expires?

    flutterby said:

    What happens to a lien on my half of our house expires?

    Does it just fly away, removed from my share of our deed? Kike I file some papers and it is removed


    Is using a vehicle previously titled in my name as a trade-in for a vehicle titled in my name considered transfer of property?

    Vehicle X is worn out, its more expensive to maintain than what it’s worth. So I go into a dealership to buy a newer car. Sign over the title on the old car. Apply cash from old car to purchasing a car titled in my husbands’ name, and not my name.

    flutterby said:

    What about if I were to have a car accident, my ins company totals out my car? Who gets the payout?

    That doesn't seem related to your other questions. But you'd get the money from the damage done to your car, unless the judgment creditor attaches it to collect the judgment.

    [/QUOTE]

    flutterby said:

    Who is senior/junior creditor on my husband's mortgage when the judgement creditor's lien is on my half of our deed?

    I haven’t been able to find it. ☹
     
    Last edited: Oct 31, 2020
  5. flutterby

    flutterby Law Topic Starter New Member

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    I haven’t been able to find it. ☹
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    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.
     
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  7. Tax Counsel

    Tax Counsel Well-Known Member

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    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.
     
  8. flyingron

    flyingron Well-Known Member

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    Call this guy...
    [​IMG]
     
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  9. adjusterjack

    adjusterjack Super Moderator

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  10. flutterby

    flutterby Law Topic Starter New Member

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    Is there any kind of "limit" attorney's can go in collecting a debt?

    I live in a right to survivorship state, and I have a ruling against me. Within a collection interrogatory, there were questions about specific accounts with my name on them. That's fine; I was only caught off guard they presumed I would lie about my assets. But whatever. I provided truthful, accurate, and complete information.

    Here is where I got weirded out. They began demanding account numbers and balances for my partner's accounts. My partner is not listed on the initial filing, there is no ruling against my partner. I answered N/A as my partner wasn't even allowed to be present for proceedings. Will they go rooting through my partner's finances the same as they did my own?

    My partner holds the mortgage on our home, and we have both been listed on the title since 2004. Nothing has changed since the final ruling. Plaintiff's counsel demanded account information I do not even have access to; it is not my account.

    Should I expect them to access my partner's accounts without cause?

    Do I waste my time writing letters to the financial institutions, explicitly instructing them this is private information; not to be shared with anyone except my partner of without subpoena?
     
  11. Zigner

    Zigner Well-Known Member

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    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.
     
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  12. adjusterjack

    adjusterjack Super Moderator

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  13. army judge

    army judge Super Moderator

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    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
     
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  14. Tax Counsel

    Tax Counsel Well-Known Member

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    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.
     
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  15. flutterby

    flutterby Law Topic Starter New Member

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    How is an attorney different from a lawyer?
     
  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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

    Tax Counsel Well-Known Member

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    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).
     
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