Author Topic: Post-Judgment Collections  (Read 2239 times)

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Brent

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Post-Judgment Collections
« on: December 28, 2005 12:40:32 AM »
Glad to see you have your own board, Flyingifr. I have a situation I haven't been able to find any similar information about on all the various internet boards. Like many, I had a credit breakdown back in 2002. In total, about 7 accounts. All credit cards except a repo from Ford Credit. The credit card accounts have gone the usual route of being bought and sold by various of JDB's. Using knowledge from the Flyingifr method, I have confidently dealt with most of these on a routine basis. However, Ford Credit promptly sued me in early 2003, 6 months after the repossession. I did mount a successful defense on the amount that the car brought at the creditors auction, and got the repo defiecency reduced somewhat. Nevertheless, Ford got a judgment against me for $6800. Over the past 2 years or so I have heard little from anyone concerning this judgment. I have taken the steps to protect my income (military pension) by opening a dedicated account for these funds, that more less makes it impossible for a creditor to levy the account. I am not employed, and live in Illinois.

In checking my credit reports, I have seen regular pulls from a law firm named: Bowman, Heintz, Boscia & Vician. I figured they were a JDB associated with one of my credit card accounts. Today, I got a letter from this firm which reads just like a letter from a JDB, replete with mini-Miranda. They are collecting on behalf of the Ford judgment. It is basically a settlement offer of $4700, "To satisfy the judgment in the records of the court".

 Does this mean they have researched my finances, and found the only way they are going to collect is thru JDB tactics?

 How should I handle this?

I value your knowledge and insight. Thank you.

Rottweiler

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Re: Post-Judgment Collections
« Reply #1 on: December 28, 2005 12:56:33 AM »
No, they are just trying to get something out of you.  You are, apparently, "judgment proof", and they want to get some money.  Hence, the settlement offer to pay off the judgment.

In other words, they are the CA for Ford.  And, a nasty one if this is any indication:

http://www.ripoffreport.com/reports/ripoff167396.htm

Quote
Corrupt Companies   Submitted: 12/9/2005 10:54:32 AM
Modified: 12/9/2005 10:55:00 AM

GM Card, Household Card ripoff Fort Wayne Indiana

Company
GM Card, Household Card
Address:
gmcard.com
Fort Wayne Indiana
U.S.A.
Phone Number:
260-637-0853
Fax:


I started out with a GM Card, which I, my fault maxed out, since then i put them into a debt relief organization, Gm sent confirmation of recieving payment from them, well after about 4 months, my husband fell behind on a few of our payments to the debt relief people, but has since caught up with them, so the GM Card is once again being paid and has been for about 5 months now. Last summer I started getting bills from Household on the same account, I told them I was paying GM through debt relief, they said GM had sold the account to them but to keep just paying them, I said if that's so why won't you stop billing me?

I got no answer to that, just run around. So i ignored the Household letters, well they hired attorneys Bowman, Heintz, Boscia, and Vician P.C. They filed with Allen County and sent me a summons, i called the attorneys office and explained that I've been paying GM like I was told to, they actually told me to ignore the summons. In November I recieved yet another summons, this one i replied to with a 6 page letter and proof that both accounts were the same and that at least one was indeed being paid. No word from the court system, which I sent the response a month ago. But the attorneys have sent a letter to say they've filed to move on due to lack of a response on my part, and are requesting the court for a full judgement in some unknown total amount. The letters they have sent do not refer to the total I owe and make vague statements about lawyer fees but not their totals either. I looked these lawyers up online to find that their cases have been booted out of courts in Illinois multiple times. I am trying to sort this out with the Allen County circuit court system, but as of yet not much success there, either. Suggestions would be appreciated. Thanks

Chasadyah
Fort Wayne, Indiana
U.S.A.

But, they are also great at getting their cases dismissed, at least in Illinois!

Brent

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Re: Post-Judgment Collections
« Reply #2 on: December 28, 2005 01:10:15 AM »
So...do you think they know I'm judgment proof?

Rottweiler

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Re: Post-Judgment Collections
« Reply #3 on: December 28, 2005 01:34:11 AM »
It's likely they know you are "judgment proof". 

I would bet that they have done some sort of an asset search:  This would be checking your credit reports and the public records.  If you have not been called in for a debtor's exam, then that would be it.  No assets on either of the first two searches?  They would not bother with the costs and Court time associated with an debtor's exam or a true, in-depth asset search, I would think, if the first two turn up "goose eggs"--and they have in your case.

As for the bank records?  Difficult to access these days.  If they have tried to levy bank accounts, it's obvious you have yours squared away where they won't usually look.  Since it's a military pension, they might not be able to levy on an account which is used for those funds only anyway.

Flyingifr

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Re: Post-Judgment Collections
« Reply #4 on: December 28, 2005 03:01:54 AM »
So...do you think they know I'm judgment proof?

Whether they know you are Judgment proof is questionable - but they do know they can't find anything to attach.

Glad to know the Method helped.
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.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

 

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