Author Topic: Aggressive Collection Attorney Attempts to Intimidate Me!  (Read 1241 times)

0 Members and 1 Guest are viewing this topic.

moderef1091

  • Valued Member
  • Posts: 1
(Please excuse me if I'm in the incorrect area). Here's the short and sweet. Bankruptcy court in GA awarded my (out of state) ex 50K (non-dischargeable). His collection attorney has now filed a Motion to Compel, stating that I failed to answer questions 4-10 on interrogatories. This being my second set of rog's, the answers were the same, with the exception of my employer. My question is a two part.

1. When he filed the motion to compel, he did not include any documentation or evidence to base his claim. How do I compose an motion to dismiss? An attorney told me to file for an oral hearing. I feel that is not a good option. I want this dismissed.

2. If these answers were untrue, inaccurate and incomplete, how would it be possible for him to process a garnishment? He's now collecting close to $700 a month.

3. This same attorney contacted me about a year ago, stating that if I did not disclose the location of a specific personal item, he would have me thrown in jail. He indicated that he would file a motion to incarcerate until I told him where this item was located. I refused to tell him anything. He never called again.

Anyone out there, your assistance is greatly appreciated. This matter is based in Georgia.

kevinmanheim

  • Valued Member
  • Posts: 11515
Re: Aggressive Collection Attorney Attempts to Intimidate Me!
« Reply #1 on: May 08, 2015 12:55:45 PM »
Is this a personal debt?

Do you have proof he threatened you with jail?

Do you have cash to settle the $50k in a smaller lump sum?

Why is it not dischargeable?

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Aggressive Collection Attorney Attempts to Intimidate Me!
« Reply #2 on: May 08, 2015 02:05:52 PM »
Sounds like these are debtor interrogatories. There is no such thing as a motion to dismiss them. You either answer or be held in contempt. And yes, you can be jailed if you refuse to answer or hide assets from the court.

The garnishment is based on the judgment they have against you, not your responses to the rogs. They do not have to prove their claim by giving you documents, that ship sailed a long time ago.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kevinmanheim

  • Valued Member
  • Posts: 11515
Re: Aggressive Collection Attorney Attempts to Intimidate Me!
« Reply #3 on: May 08, 2015 04:58:38 PM »
I would look to see if this attorney has ever filed a motion for contempt that resulted in jail time, or if the local court has ever jailed someone in a similar civil situation.

If not, I would file a FDCPA case against the attorney.

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Aggressive Collection Attorney Attempts to Intimidate Me!
« Reply #4 on: May 08, 2015 05:43:34 PM »
This same attorney contacted me about a year ago, stating that if I did not disclose the location of a specific personal item, he would have me thrown in jail.


If the law provides this remedy, he can inform you of it and threaten to use it. I don't see this as a violation, since it is not an action that cannot legally be taken. The intent to carry it out or not is a thin one and is up to the discretion of the attorney. Maybe he figured it wasn't worth the expense, or his client told him not to bother. Also, the FDCPA has a one year SOL, from the looks of this post it would be too late anyway.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

credit