Author Topic: Improper service In MD and next steps  (Read 550 times)

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Clydesmom66

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Re: Improper service In MD and next steps
« Reply #15 on: October 15, 2017 06:42:44 PM »
Unclear what is meant by this statement. When I file BK I will have a few exemptions and after doing the math my vehicle and everything else I expect will be protected.

I do not know the MD exemptions so it is meant to convey to make sure you do your due diligence before filing to ensure that you do not over look anything and end up losing an asset you need to keep like a home or car.  It happens when people file their own BK or hire a mill attorney service that boiler plates it and doesn't cover all exemptions.

OK, I want to say that you are not giving me legal advice but I would like to know what you would do if put in the same situation. I am trying to get my lawyer that I hired initially to advise me as well. It is the weekend and I can't expect to hear from him until tomorrow or later.

If it were me I would spend down the assets on rent, utilities etc. and get within the range to file.  I would answer the suit and start discovery.  If they set a rapid court date I would file for a 30-45 day continuance to drag it out.  60 days if I could get it.  That pushes you to the holidays and end of year when the court dockets are scant due to staff taking liberal time off.  If I could get past the first of the year on the suit then I would file the BK.  But that is me.

Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

CleaningUp

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Re: Improper service In MD and next steps
« Reply #16 on: October 15, 2017 06:51:13 PM »
What is preventing you from filing BK?

You can always file for a Chapter 13BK now an convert to a Chapter 7 later.  It costs you a bit more but it gets you the time you think you need.

But for the level of debt that you are facing, I would think seriously of just taking the judgment; it's got a similar hit to your credit scores, but it keeps the BK off your resume.

And, of course, you could always take a job for the winter...or go to a place that uses similar seasonal employees during your off season in Maryland.

Heavens, you could even go crab fishing.


Flyingifr

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Re: Improper service In MD and next steps
« Reply #17 on: October 15, 2017 09:00:26 PM »
I know that the internet is a treasure trove of bad information...that being said, I found this. Please weigh in about the out of state banking.

"The bottom line is that if a judgment creditor doesn't know where you bank, or work, and you don't own a home (or you do but don't plan on selling), the judgment is essentially worthless. Move to another state, and the judgment is essentially worthless. Self-employed and bank out of state? Also worthless. It is no wonder that the vast majority (around 80%) of judgments are uncollectable—as a group, people with creditor judgments against them usually don't have many, if any, assets to collect on anyway."

Besides for tools and a bit of camera gear, my paid of vehicle is the only real asset that I have, besides my house. MD has homestead act protection. Is my vehicle going to have eyes on it for liquidation?

Sounds like a quote from my post "Making Yourself Judgment Proof" in the Flyingifr Method. If you haven't read that thread yet, I suggest you do. Also read "Frustrating the Bill Collector" and "Frustrating the Skip Tracer" for ideas on making yourself hard to collect from.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

NashRicky

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Re: Improper service In MD and next steps
« Reply #18 on: October 16, 2017 04:02:10 PM »
Thanks for all of the information.

The 10K is just the one card. There is over 40K in debt, maybe 50K. It just so happens that Capital 1 has representation in MD. From what I know it makes it easier and less costly for the OC to file suit.

NashRicky

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Re: Improper service In MD and next steps
« Reply #19 on: October 16, 2017 11:39:32 PM »
The suggestion to file CH.13 and then convert to CH.7 sounds like a winner. I have to meet with my BK lawyer this week and will see how we can proceed. I went to the District Court to pull the Affidavit or Proof of service. The process server didn't even fill out the form. I guess the just expect most people to ignore the summons. I did file a motion to strike service and this will really do nothing. I expect to get served properly now and the original hearing date will most likely stand.


NashRicky

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Re: Improper service In MD and next steps
« Reply #20 on: October 27, 2017 01:38:40 AM »
I went to the courthouse and filed a motion to strike service due to improper service. The process server did not fill out any information on the court form. They fully expect the debtor will not show up much less contest any part of the.

I spoke with the BK lawyer and I have to wait about three months before my income history will allow me to be eligible to file CH.7. So now I have to stall, or not. I could go to court and put up a weak fight and take the judgement. When there is a judgement, how is that judgement enforced? Does the judge tell me to agree to payment arrangements? If I can take the judgement and then maybe begin to pay incrementally and then stop once BK is filed?

 

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