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Lawsuit Fundamentals - the Laws / Re: Is this even possible?
« Last post by CleaningUp on Today at 03:49:21 AM »
And don't get creative with answers.  The truth is a requirement as the one being examine does so under oath.

And, as has been said often here, what is said in truth today may not be the truth tomorrow.

Until there is a court injunction preventing you from taking actions, your assets are yours to do with as you please.
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Lawsuit Fundamentals - the Laws / Re: Is this even possible?
« Last post by Flyingifr on Today at 12:16:49 AM »
Adding one more clarification:

He cannot be jailed for the debt BUT if he fails to comply with a court order for a debtors exam they can jail him for failure to appear and submit to the exam.  It is not jailing him for the debt per se but for not showing up for a court ordered subpoena.  He needs to show up every time they schedule one and remind them that he has no assets and move on.

Correct - he must go to the debtor's exam or face Contempt of Court, which he CAN be jailed for. That said, a debtor's exam is a perfect opportunity to show off his newly acquired case of Alzheimers - ramble on and on about everything under the sun that can be remotely associated with the question but give little to no actual information. In other words, talk much, say little. Here's an example:

Examiner: Mr Jones, what is the name of your employer? (a seemingly straight forward question.....)

Jones: (thinking) I know his name but he just got transferred to another part of the company. I thi9nk the new boss is named Al, or maybe it's Al, Junior - I can't really remember which, they all get confused because I've had so many. Let's see... There was Jimmy, then John, but John had to leave because they drafted him to go fight in Vietnam where he got killed - nice boy, too. Then after John was Frank but he got fired when he tried to marry his pet goat. I don't think he had all his marbles - they said he had Alzheimers or something..

You get the idea. Just remember - there will be a Court Stenographer there taking down every word you say and who will ten have to type it up double spaced, and THEY are paying by the page.
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General Credit Forum / Re: Midland Funding--- Not specific dispute?
« Last post by MamaGoneMad on Yesterday at 09:43:44 PM »
Ok ,just getting this straight.  I'm going to write Midland and start the Arb process for both.
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Lawsuit Fundamentals - the Laws / Re: Is this even possible?
« Last post by Clydesmom66 on Yesterday at 09:42:20 PM »
Adding one more clarification:

He cannot be jailed for the debt BUT if he fails to comply with a court order for a debtors exam they can jail him for failure to appear and submit to the exam.  It is not jailing him for the debt per se but for not showing up for a court ordered subpoena.  He needs to show up every time they schedule one and remind them that he has no assets and move on.

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Lawsuit Fundamentals - the Laws / Re: Is this even possible?
« Last post by Piecukonis on Yesterday at 08:57:48 PM »
Thank you for clarifying that. The situation terrified me and him. He was panicking that he would actually be sent to jail over this. We are in Kansas. Our SOL from the day of default is 5 years. After I did some research, turns out our Judgement SOL is 10 years and the creditor has the option to renew for another 10 years. Wow!!
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The facts thus far...

-Purchased TV in mid-2016; mfgr's warranty expires mid-2017
-TV becomes defective in late 2017
-Since TV was purchased with a Discover card, I filed an extended warranty claim (a free benefit of the card).
-Their insurance co. denied my claim due to the fact that I used a very small gift card, in addition to my Discover card, when making the claim (the gift card covered about 2% of the purchase price). 
-Nothing in the Terms and Conditions, as far as I can see, mentions that 100% of the purchase must be made with the card in order to qualify for coverage.
-Sent JAMS arb demand to Discover along with demand that they pay my $250 portion.

Any experiences out there with this sort of thing?  I cant imagine Discover would be willing to go through JAMS for this sort of thing..their initial expenses alone would be double the cost of reimbursing me for the TV.

Can I expect them to put up a fight, or are they reasonable enough to realize I am not going to back down and just pay up? Thanks.
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State Laws / Collecting Expenses on Dismissed Case
« Last post by Dave in IL on Yesterday at 05:43:46 PM »
Under 735 ILCS 5/5-109 I (defendant) can collect my expenses from the plaintiff who voluntarily dismissed a case. I was sued a couple of years ago in Illinois for a credit card debt (which I do not owe) and the plaintiff dismissed after first appearance. Later, they started another case for the same claim which I also denied and they eventually dismissed as well. I want reimbursed for my expenses which were minimal in the first case but several hundred dollars in the second. I forgot to ask the judge at the dismissal hearing so I don't know it that bars me from collecting or if I have to open a new case or make a filing under the the recently dismissed case number. Any advice would be appreciated. Thanks.
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Lawsuit Fundamentals - the Laws / Re: Is this even possible?
« Last post by Flyingifr on Yesterday at 04:27:35 PM »
A couple of clarifications:

1: No, you cannot be jailed for debt. Debtors Prisons were abolished in the 1800's. BUT, yo can be jailed for Contempt of Court. The Court gave his creditor a Judgment. They are not about to issue a Court Order for your step-dad to pay the Judgment, especially since he can show that (a) he has no assets and is (in the legal sense) a pauper and (b) he can show that his meager income is unattachable by law.

2: His post-Judgment payments did not extend the SOL. That is because the Judgment in effect created a new debt with a new SOL. Here in AZ the SOL for a civil debt is generally 6 years while a Judgment has a SOL of 5 years.

3: You post "They are going after him so aggressively over such a small bill even though he really, honestly, cannot pay it and they have no way to collect." That makes me think the attorney who told him he can be jailed for not paying was the creditor's attorney. Don't believe him - he is under no obligation to help your step-dad. Of course they are going after him aggressively to pay - that is the only weapon they have. They can't take any assets, he has none. They can't attach his income, it is non-attachable by law. They only way they will get paid is to scare him.
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Lawsuit Fundamentals - the Laws / Is this even possible?
« Last post by Piecukonis on Yesterday at 06:05:51 AM »
This question isn't about me, but about my step-dad. Turns out he also has a court date same day as me for an old unpaid debt. His is for a $800 ambulance ride and is over 5 years old. At some point, early on, they got the judgement against him and he did start making small $20 a month payments towards the debt but because he has very little fixed income, he stopped. He is "judgement proof" has no assets, and is on disability as his only source of income, no job, no bank account, nothing. So this is what scares me, apparently they are bringing him back into court for a debtors exam, and when he called an attorney to ask what to expect, they told him there is this little loophole where you can't be jailed for an inability to pay a debt but you can be jailed up to 30 days for contempt of court for not paying a debt that was court ordered to pay. They also said he could face hefty additional fines. He showed up to every court date and just simply told them  he didn't have the money. But because he lost the judgement they are saying he can go to jail for not paying it at all. Does that make sense? I thought you didn't get arrested or jailed for unpaid debts like this...unless it was taxes or child support? This is a medical bill under $1k. They are going after him so aggressively over such a small bill even though he really, honestly, cannot pay it and they have no way to collect. So can he really go to jail for this? I wish he had not entered a payment agreement because that pushed the SOL out and he was close to being beyond that date.
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Arbitration / Re: Arb with Major Bank
« Last post by freedy on January 18, 2018 03:04:01 PM »
Comprehensive rules are being used
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