In 2006, my husband and I filed chapter 13 bankruptcy. We were living to next to nothing during that period. I had to quit my job as a nurse aide because of a shoulder injury so that impacted our budget pretty hard. We paid all of our bills on time and still had a little money left over. In April 2007, our plan was confirmed and we had no debt except the court payments and regular bills. July 2007 we moved from a rental unit to an apartment which was much closer to my husband’s job. Gas was close to a gallon and the transportation costs were sky high. We always had problems receiving our mail at our old unit. We received other resident’s mail and vice versa.
I was concerned the first few months at living at our current address because we received very little mail. I finally contacted all of my utility companies and car insurance only to find out that all of my mail was being mailed back to them. I managed to clear up the mess, but important bills were now a few months late and we had to make payment arrangements with all the companies involved. We had two catalog companies that I bought my clothes through sometimes and had a small line of credit with them. I paid all of these companies off eventually.

In 2009, we received a letter from a debt collector stating we had an open credit card. I asked them to verify the debt. I never received any letter back from them. They kept on sending out bills though but couldn’t verify the debt. I sent the letters to my bankruptcy attorney and the bills stopped. A few months passed, another collection agency, same debt. Same thing happened as the first. Six months later, another collection agency, same debt, same response. Never heard from any of these collection agencies again. I finally got fed up and put a fraud alert on our credit report. The alert was released in January, guess what a new collection agency contacted my attorney regarding the same old credit card. I talked to someone at our attorney general’s office, the fact that they don’t have our old address is suspicious because we never have taken out any credit cards since filing the chapter 13. This is why I’m suspecting ID theft. I checked my credit report just last Saturday and found another credit card that couldn’t be mine. So this makes 2 suspicious cards that probably aren’t ours because we never applied for any cards. What can you do to stop the possible ID theft credit card from being acquired by other junk or third party debt agencies? Has anyone else dealt with ID theft? We are currently under bankruptcy protection so I believe that no one can sue us. I did find out that the credit card holder wrote off this debt as a bad debt. We have never ever been contacted by the original creditor. Thanks
I just filed a complaint with the FTC about the credit issues. The counselor suggested contacting my local police and filing a police report with almost certain ID theft. You think it can’t happen to you! I had horrible credit and still someone managed to get credit off of my poor credit rating. I probably now will have to take steps to clear up the ID theft. I will never, never ever use credit cards again. Look what they’ve done to our country. Thank you for all of your answers.

I would like to hear from people who filed and experience chapter 7 bankruptcy. I want to know to if it actually stays on your credit report for 10 years. Is it also possible to get an apartment and a checking account from credit unions or banks?
it’s medical billings idiot i never borrowed money. It’s people like you that didn’t want obama to pass the free health care bill!

I would like to hear from people who filed and experience chapter 7 bankruptcy. I want to know to if it acutally stays on your credit report for 10 years. Is it also possible to get an apartment and a checking account from credit unions or banks?

To start, I am now pretty humbled. I was making 60k a year, driving a new sports car, and living life happily with minimal debt. My wife and I made some poor financial decisions and I was left with a bit debt after our divorce. It is now at a point where with the economy, working in the sales field, I am only making just under 40k. I have 22k left to pay on the car at 0 a month, paying about 0 a month in gas to travel to my job,about 20k in unsecured debt. I had to abandon my lease in the apartment that I was living in so i have no clue what I owe to them. I tried to trade the vehicle in for something different but trade in is only worth 15k, so about 7k in negative equity, and with a low to mid 500 credit score, nobody is willing to work with me. I have thought about filing a bankruptcy, but even at 40k a year, I am above my means for a chapter 7 bankruptcy according to lawers, and breaking too even per month on a chapter 13. Maybe someone has a idea of a solution. thanks.

TOPIC: Civil lawsuit and Enforcement of a judgment thru a "LEVY"? Search and seizure. Exactly how does this work?

INTRO: my cousin owns his own business, but got sued by a larger company who is a known bully in the field and basically accuses small companies for stuff they didn’t do because the judge in his town is "buddy buddy" with them, i don’t know the arrangement and can’t prove it), but they basically swoop up the entire market share in his field one-by-one by knocking off these small companies with bogus claims in high courts. He couldn’t afford an attorney but they brought 4 of them as they do in all their cases apparently. Here’s my question:

QUESTION: He lost the case and it’s some ridiculous amount he’ll never be able to afford. It’s going to destroy his life and his family’s, but he doesn’t want to have to file bankruptcy (for a number of reasons…at least yet). He was asking what happens if he doesn’t/can’t pay and they sell the judgment to a collection agency/lawyers who specialize in capital recovery and the like. He doesn’t own any property but has built up a sucessful online company from his apartment and is the most honest, hardworking guy I’ve ever known. His company is popular because of his line of products and his customer service but he’s only been doing it for 8 years (I never see him anymore). He has 3 kids he’s trying to put through college. However, If the civil judgment is for a crazy amount (5,000) and he owns no property except what’s physically "in" his apartment, once the lawyers sick the collections agency on him, he and his family are worried that the same judge will just sign off on anything they put in front of him, based on the case so far. Their fear is that the lawyers will just get get a lien on his business (auction it off, even if no property, auction of the trademarks and all that stuff he’s worked hard to build) and bring it over to their company like they’ve done with the other lawsuits.

From his research his fear is that they will get a search and seizure (not sure the term) and go in and take ALL his family’s stuff (we know there are exemptions), but like take his safe etc which has all his trade secrets and kid’s future college tuition. He knows not to put it in the bank because they could levy it all in one day. If they don’t know he has a safe per se, WHAT IS IT CALLED (AND EXACTLY HOW FAR CAN THEY GO) can they get some sort of "general" lien/search and seizure where they can go in (knock or barge in–don’t know) and take anything "of value" / to pay back that civil judgment where they then sell it at auction? Do they "have" to have items named, like safe, or can it just be "go in and get anything over a certain value". We all know/have seen those public auctions wher they’ve gone in and levied (???) people’s stuff. He’s renting his apartment with his wife, their 3 kids, and his wife’s brother in-law who recently lost his job and they took him in.

Sorry for writing too much, so basically this question is about enforcement of a levy (other than bank/paycheck because he works for himself). Just need to know can they levy what’s in his apartment, do they have to knock, does the search and seizure (not sure what it’s called in this case) have to "specify" items that can be taken (can items even be taken?), auction them, etc. Also (another question) can they just slap a notice on his front door and auction off his business? (you know who will be there to buy it too). Also, is it the local marshalls who do this? What kindof paperwork would they need? Whatever detail you can provide would really help. Thanks so much.
J.D.–Nice try (actually REALLY nice try) but the problem is the type of lawyers who participate in this type of behavior (actually any/every type of copyright lawyer) are the same types of lawyers who immediately whip out "FRAUDULENT TRANSFER" body of law in all its beauty. Then the court just says it’s still really yours, so you’re little IOU trick doesn’t hold water in the end. Like I said, nice try. We’ve all thought of that one. Yes, people do it all the time, doesn’t really work unless your attorney is in 5yo or something. In fact, one of the "badges of fraud" is that the purchase amount is not commensurate with the value (ie ""). Still it’s the best answer, and will probably remain the best answer). A second "badge of fraudulent conveyance" is when you sell it to a "closest family member". There are many. The "average Joe" doesn’t know about them, but then again, the average Joe isn’t CEO, and if he is, no one really wants his business in a "hostile takeover" / back door type

I am 30 years old, will be 31 this year. I never was on a real date with anyone. I been out with people as just friends and in groups, but most of the time I was dragged along as a joke, let’s get the quiet guy drunk and laugh at him type thing. I did at one point be able to get my own house, but I had to sell it because I had to get out of the military and could not longer pay for it, because I have a hard time running because I am so fat. It took me a year to find another job, and I had to file bankruptcy and now I can’t even get approved for a secure card. I lost three apartments and spent most of my life living at my grandmothers because I had no place else to go. I have another apartment now, but lost my job because I kept going online at work to check and send emails, so I am probably going to lose this place as well and end up back at my grandmothers. I never been in a relationship, never been with a girl sexually. No one ever wanted me, people used to pretend to like me to just later laugh at me and tell me it was all a joke. That or they say oh I love you like a brother and it would be too weird to be with you. I am ugly as hell and balding and my hair is already turning gray. I am quiet and keep to myself mostly, as I found most people don’t listen to me even when I try talking to them, I can stop talking in the middle of a sentence and walk away and they would not even notice I was there in the first place, or they will just talk over me or change the subject, so I just gave up long ago, and don’t even know how to talk to anyone anymore. Every time I try, and I do try hard to get my life back together something happens and I get knocked right back down to the ground and it is so hard to keep on trying to pull myself back up. I am tired, so tired and alone. I never had any real friends, most friends I had all abandoned me or turned out not to be real friends and I have not talked to them in years, every time I try to call or email or MySpace them, I just get ignored. I try to better myself, I started working out, I am going back to school, I started saving money to get this place I am in, but then my job goes away, and my savings run dry and I am going to lose this place and have to drop out of school as I won’t be able to pay for it. Nothing I do ever works out, and I am so alone and tired. I am just a failure and loser, and I don’t know what the point is anymore.

Are judgements discharged in chapter 7 bankruptcy. Example if you were evicted from an apartment or house. Also if you own your vehicle will they take that or do you get to keep it? And how long does it take for your credit score to improve and for you to be able to apply for credit again?

I am nearly 000 in credit card debt total and I am unable to pay my bills and I am looking at filing bankruptcy, but I don’t know if it is a good idea to do? I also wanted to know what company is the best for filing bankruptcy. I know that after I file I wouldn’t be able to get an apartment or a car or a job due to me being a bad risk of getting anything, but I wanted to know how much does it cost to file bankruptcy and is it a one time fee payment or is it per month? Please help me. I really would like to get a fresh start and have my life back again. Thanks so much.

now if it weren’t for my previous job lying to the unemployment security department and telling them that i quit, then i wouldn’t be in this situation, but unfortunately i am. i haven’t had a job for 9 months and the economy is terrible. i’ve been trying with every strength in me to get a job, but unfortunately nothing has happened. i already lost my apartment, and the only thing left is my car. and even that, i’m 3 months behind on. i have so many bills and probably owe about 5k to medical bills and credit cards. but the main thing i’m concerned about is my car. i still owe about 8k on it, and have paid about 4k. i have absolutely no money. and my parents don’t have jobs either. i’m basically screwed.

do i qualify for bankruptcy? i already have HORRIBLE credit, and i’m not all that concerned about it. would i be able to keep my car? i honestly don’t have anything else to my name of any worth at all. not even a cell phone. i’m finally going to have my 3rd unemployment hearing (after 9 months they still haven’t made up their minds), and if i do get the money, i could use it to get out of debt since i’ve been claiming for so long. it’s the only thing that could help right now, but i can’t count on. i just absolutely CANNOT BELIEVE that my employer LIED and put me in this mess. i’m only 20 years old, trying to go to school, and i’m basically homeless. i have to live at my friends houses and ask them for money.

i guess they can take my pride and my self-worth, but they can’t take my life right?

We haven’t paid for 5 months…we were going to do forclosure and bankruptcy, and moved to a crappy loud apartment complex on an air force base. I’m regretting the choice because we have ended up paying more money to move into this place, and probably could have paid back at least half of what we owed to our bank. Anyway, if we went with Chapter 13 bankruptcy could we still keep the house, or it is too late, and how does that work?
Well, we are going through a chapter 7 now, so I will call my lawyer next week about this.

I am 30 years old, will be 31 this year. I never was on a real date with anyone. I been out with people as just friends and in groups, but most of the time I was dragged along as a joke, let’s get the quiet guy drunk and laugh at him type thing. I did at one point be able to get my own house, but I had to sell it because I had to get out of the military and could not longer pay for it, because I have a hard time running because I am so fat. It took me a year to find another job, and I had to file bankruptcy and now I can’t even get approved for a secure card. I lost three apartments and spent most of my life living at my grandmothers because I had no place else to go. I have another apartment now, but lost my job because I kept going online at work to check and send emails, so I am probably going to lose this place as well and end up back at my grandmothers. I never been in a relationship, never been with a girl sexually. No one ever wanted me, people used to pretend to like me to just later laugh at me and tell me it was all a joke. That or they say oh I love you like a brother and it would be too weird to be with you. I am ugly as hell and balding and my hair is already turning gray. I am quiet and keep to myself mostly, as I found most people don’t listen to me even when I try talking to them, I can stop talking in the middle of a sentence and walk away and they would not even notice I was there in the first place, or they will just talk over me or change the subject, so I just gave up long ago, and don’t even know how to talk to anyone anymore. Every time I try, and I do try hard to get my life back together something happens and I get knocked right back down to the ground and it is so hard to keep on trying to pull myself back up. I am tired, so tired and alone. I never had any real friends, most friends I had all abandoned me or turned out not to be real friends and I have not talked to them in years, every time I try to call or email or MySpace them, I just get ignored. I try to better myself, I started working out, I am going back to school, I started saving money to get this place I am in, but then my job goes away, and my savings run dry and I am going to lose this place and have to drop out of school as I won’t be able to pay for it. Nothing I do ever works out, and I am so alone and tired. I am just a failure and loser, and I don’t know what the point is anymore.

Ok, this is kind of lengthy so please bare with me. I live in Georgia, I have been married 10 years and I have a 12 year old daughter. Clara and I have been seperate 3 years not legally, I just moved out. 5 years ago Clara and I filed Chapter 13 bankruptcy and everything was included, house, cars, furniture, credit cards, etc. This cost me 0 a week and I still have been paying for all this even though I moved out. It was in both our names but I was the only one working at the time and it comes out of my check. I haven’t been giving Clara any extra cause it’s all I can do to have that out of my check plus pay for my own apartment now. I now want to file for a divorce cause I know we will not get back together, I talked to a lawyer last October about this, I told her I did not want anything, Clara could keep the house, the cars, everything, I just want divorced. I told her about the bankruptcy and she said that was ok, what they would do was look to see how much I had paid
into it that was for my part of the bankruptcy, I may still have to pay some but not all of it. She told me at that time it was going to be 0 normally 00 but she is the wife of my cousins boss so she cut me a deal. I JUST now came up with the money, got it back from my taxes. So I e-mailed her to set up a date we could talk and this is the e-mail I got from her: “Since the last time we talked the law has changed and we increased our fees. It’s now ,250 for uncontested and ,500 for contested plus 0.00 filing fees. Also that I must know whether or not my wife will agree to all matters pertaining to the division of property, child custody and child support. If my wife and I had agreed to all issues it will be uncontested if not contested” I am thinking she has forgotten what my situation was. I am bumfuzzled that the cost went up and their may be an issue of being contested. I thought the courts decided on what amount of child support I gave,
Also I am not going to contest custody because I work a lot and I know Clara is a good mother; we just don’t get along at all. The ONLY time we talk is in regards to our daughter. I don’t want anything expect visitation of course and a divorce….what should I do? Any ideas or suggestion would be so helpful because at this time I don’t know what to do. Also if anyone knows of good lawyers in the Macon, Georgia area that are not outrageously priced, please let me know. Thanks.

I was in a car accident two years ago and was not able to work. This meant I was not able to pay my bills.

In the past 8 months I have gotten a job and payed all of my bills off. Obviously I have bad credit now.

What I wanted to know is, because of the circumstances, if there is any way to erase my bad credit from my history? Is there any way I can prove to someone that I was in an accident and that I paid back my past debts?

Life is hard enough after my injuries and having bad credit following me around does not help either. I can not get a car or an apartment now a days without credit.

I really am a responsible person that needs some help.

Ok, this is kind of lengthy so please bare with me. I live in Georgia, I have been married 10 years and I have a 12 year old daughter. Clara and I have been seperate 3 years not legally, I just moved out. 5 years ago Clara and I filed Chapter 13 bankruptcy and everything was included, house, cars, furniture, credit cards, etc. This cost me 0 a week and I still have been paying for all this even though I moved out. It was in both our names but I was the only one working at the time and it comes out of my check. I haven’t been giving Clara any extra cause it’s all I can do to have that out of my check plus pay for my own apartment now. I now want to file for a divorce cause I know we will not get back together, I talked to a lawyer last October about this, I told her I did not want anything, Clara could keep the house, the cars, everything, I just want divorced. I told her about the bankruptcy and she said that was ok, what they would do was look to see how much I had paid
into it that was for my part of the bankruptcy, I may still have to pay some but not all of it. She told me at that time it was going to be 0 normally 00 but she is the wife of my cousins boss so she cut me a deal. I JUST now came up with the money, got it back from my taxes. So I e-mailed her to set up a date we could talk and this is the e-mail I got from her: “Since the last time we talked the law has changed and we increased our fees. It’s now ,250 for uncontested and ,500 for contested plus 0.00 filing fees. Also that I must know whether or not my wife will agree to all matters pertaining to the division of property, child custody and child support. If my wife and I had agreed to all issues it will be uncontested if not contested” I am thinking she has forgotten what my situation was. I am bumfuzzled that the cost went up and their may be an issue of being contested. I thought the courts decided on what amount of child support I gave,
Also I am not going to contest custody because I work a lot and I know Clara is a good mother; we just don’t get along at all. The ONLY time we talk is in regards to our daughter. I don’t want anything expect visitation of course and a divorce….what should I do? Any ideas or suggestion would be so helpful because at this time I don’t know what to do. Also if anyone knows of good lawyers in the Macon, Georgia area that are not outrageously priced, please let me know. Thanks.

I have a Civil Court judgment in Michigan against me from a Credit Card Company. I am on Social Security / Disability, and I know they are not allowed to garnish that form of income. I have taken out what little I had in my bank account. I live in an apartment, I do not have any "assets" to speak of. I have a car that is not worth any more than the loan I am paying on for it. I have been threatened that a Sheriff is going to come into my home and take all my belongings and sell them to satisfy the debt. Just exactly how far are they allowed to go when I don’t own anything of value anyway? Do they literally break down my door and take all my stuff? That’s what I have been threatened with by the attorneys for the creditor. I am probably looking at a few more Credit Card companies suing me in the near future. If there are several judgments against me is the Court more aggressive about collecting?

Also, I just received the official Judgment in the mail. What comes next? I have read online that there is another hearing to determine my ability to pay. Is that true – should I be expecting another Court notice for a hearing such as that, or do they just automatically go to Collection procedures after the Judgment?

Yes I have considered Bankruptcy, but do not even have the money for that right now.

There is no need for commentary such as "pay your bills & you wouldn’t be in this trouble, blah, blah". I am in the position I am in, period, and I do not have the income or means to pay right now. No, not even .00 a month. Thank you.
Thank you for your quick and supportive answers thus far! Now I don’t feel so scared.

Hey- I have a old debt from Capital One that I owed ,586.95. I have only the Post Office receipt & the Certified Mail receipt that I sent to Capital One. I also still have the e-mail that I sent to myself with the letter that I sent Capital One. The e-mail shows I sent it to myself the 11th of April of 2009. It shows that I sent the letter to Capital One on the 19th of April of 2009. The letter stated how I was unemployed but I could still try to make monthly payments if they could put me on a payment plan. They never responded. I received a letter on the 10th of September 2009 from a law firm saying they represent Capital One in trying to collect the money I owe. The sad thing is that I have a unstamped letter that I wrote this collection company on the 23rd of September saying if they can put me on a payment plan & I was going to mail it but it was during a time where a shooting happened at my apartment complex & I had to move during those following weeks – I never got around to mailing it. On November 2009, I received a summons — I didn’t know what a default judgment was. Someone told me that they received one & they paid monthly (like how I wanted to pay) & since I knew I owed the money, I didn’t answer the summons. Now I receive a letter saying I have a default judgment trial I have to go to.

Now someone told me that they can take my tax money & any other money that want to get their debt paid off. So I decided to get online & ask someone who actually knows about this. I know now that my mistake was not answering the summons but whats done is done. I was hoping I could contact my debt collector & ask them if they can accept monthly payments for the default judgement but I didn’t know if this was possible. I heard these guys aren’t the nicest people who want the payment in full & also, since I already had the trial set, I was wondering if it was already mandatory for me to go & deal with it. I have no source of income at the moment. I do not own my car, I don’t own a house, I’m not renting anything, I don’t see what they can take away from me other than my tax return. I don’t know what to do. Should I try to see if the debt collector accepts my payment plan or do I have to go to the default judgement trial to see what they take away from me? Is there anything I can do? I don’t have money for a lawyer. I was thinking of filing bankruptcy too but do they take away the car that I am financing right now? I don’t know how anything works — I’m clueless & scared right now. Today is the 8th & the default judgement trial is on the 21st. Someone please help.

Only helpful answers please — any other "I’m better than you b/c you can’t pay your debts on time" answers will be skipped — you don’t know peoples situation so don’t comment on that please. I’m just asking for help on what I can do in this situation. Thanks.
Thanks for the answers – you guys were helpful. I will go to the default judgement trial & see what happens.

Sharon – I received a summons but it didn’t say anything about a court date. Just to answer if I acknowledged the debt but I didn’t answer & that’s when I recieved the letter with the court date for the default judgement. I should have answered it, I know but that’s what I get for listening to other people. :\

My husband is military. We had to get rid of our house for many reasons…our bank kept highering up our taxes and our house depreciated in value. Plus, they took out extra payments without our permission by swiping my card twice!!! Anyway, we decided to just cut our losses and claim bankruptcy. It is really the best thing for us right now. Anyway, we got a nice apartment on the base he works at, and we are moving soon. Of course, they guys my husband work with found out and immediatly starting looking online at foreclosure listings…the first guy who did was a tech sergent! Anyway, people talk to much crap where he works about everyone..they are a bunch of jerks, and none of them are our friends anymore for many reasons, but why can’t they let this go? Why does this stuff always happen to me..as if this isn’t hard enough! I don’t know what to do! To top it off one of the guys wives was emailing me today acting all nice asking me when Im moving, and was trying to be all friendly..which was totally fake! I serioulsly feel like I can’t even live my life without these people making comments, and my husband dosn’t even feel comfortable at work anymore. They put him on the worst shifts…opposite of me and he has been there for three years, volunteered for deployements, and went when this guy who was talking crap was having a baby last year. I don’t get it? What can we do?

Hi,
My house is going under foreclosure and there are two loans. The second loan put a judgment on me. I am trying to sell the house under short sale. Will they come after me for whatever money they loose? If so, to what extent? If I file for bankruptcy will that take care of this mess so that I can begin to rebuild my life? I don’t have anything of value and currently unemployed and my family and I are actually living with my parents in their apartment now. I am a first time buyer and have not refinanced. The house was bought on November 2007. I also stopped paying about five months ago when all this began. Will this never end and will they come after me until I die?
WHAT CAN I DO?

I used to be very responsible with my money. I have about 3 years worth of college but never finished with an bachelor’s degree. I used to work and have a great life and my own apartment. When I moved back home, My very negative mother and somewhat controlling parents greatly rubbed off on me. I have had trouble ever since. With college, jobs, and money and ended up filing bankruptcy, because I was trying to rebel against their lectures on credit cards. Now I cant do anything. My mom has become this mean dictator, and I see her true colors. My dad just doesn’t understand. I need to get an apartment and I know I could keep my job after I got my own apartment. I’d just visit my friends and limit my time with my negative mother!
Do you think there is any chance the bank would loan me about 1,500 dollars for a loan on an apartment?? I am also a part time college student.
thanks so much.

My dad is in heavy debt; approx. k. He is considering about filing a bankruptcy. What happens before, during, and after he files a bankruptcy? If he hires a lawyer, what are the fees? How would this affect our lives? And we already live in an apartment, are they going to kick us out? Please keep it in simple terms. Thank you.

- We live in Virginia by the way.