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Telling CC's to F-Off..... . .


drivenagain
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I noticed you said their house is in someone else's name. Depending on the circumstances (which I obviously don't know) that could possibly be a problem with a BK7. If a court thinks they transferred the house to a relative's name in order to protect it from creditors

 

 

I understand that leins can be placed against a home, but other than that, ins't your home largely untouchable, as long as you're satisfying the terms of your mortgage? Can other creditors really come after your home?

 

 

That could be true one could do it but i do not think a creditor can put a lien against the home when they are merly free tenants. That would be like a bank putting a lein on your house for my debt just because i live there. Doesn't sound like it could fly.

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That could be true one could do it but i do not think a creditor can put a lien against the home when they are merly free tenants. That would be like a bank putting a lein on your house for my debt just because i live there. Doesn't sound like it could fly.

But if a BK judge finds that the transfer of the house out of your name and into someone else's was solely to conceal the asset then that transfer can be un-done and you're open back up to creditors attaching the house. Usually the cut-off is 2 years, but if they can prove fraud they can go back further.

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That could be true one could do it but i do not think a creditor can put a lien against the home when they are merly free tenants. That would be like a bank putting a lein on your house for my debt just because i live there. Doesn't sound like it could fly.

But if a BK judge finds that the transfer of the house out of your name and into someone else's was solely to conceal the asset then that transfer can be un-done and you're open back up to creditors attaching the house. Usually the cut-off is 2 years, but if they can prove fraud they can go back further.

 

The transfer was recorded as a legitimate sale just over 5 years ago, so there is pretty much zero chance the property will come into play.

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If they ran up the tabs...why shouldn't they pay? If they're on a fixed income and racking up credit card bills they can't afford why should they not have to pay their debts? Because they're old? Sorry, that doesn't fly with me.

 

Close up the site. Everyone pay all of your bills.. end of story. No need for info on how to recover from a BK because they won't exist in this new perfect world that ProcessServer dreamed up. If you bought it you pay it.. anything less doesn't fly.

 

No need for new people to join the board. They may dare ask a question about what to do when they have gotten in over their head or faced a bad situation that left them unable to maintain the debt that they used to be able to and get the same kind of responses here and off they go to the next site.

 

Seriously though... why doesn't somebody ban this guy? Exactly what does he contribute here if he thinks nobody has hardships that leave them coming to the internet looking for help with their debt? Seems to me that his very existence here is counterproductive to those of us who actually try to help people figure out a manageable solution.

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If they ran up the tabs...why shouldn't they pay? If they're on a fixed income and racking up credit card bills they can't afford why should they not have to pay their debts? Because they're old? Sorry, that doesn't fly with me.

 

Close up the site. Everyone pay all of your bills.. end of story. No need for info on how to recover from a BK because they won't exist in this new perfect world that ProcessServer dreamed up. If you bought it you pay it.. anything less doesn't fly.

 

No need for new people to join the board. They may dare ask a question about what to do when they have gotten in over their head or faced a bad situation that left them unable to maintain the debt that they used to be able to and get the same kind of responses here and off they go to the next site.

 

Seriously though... why doesn't somebody ban this guy? Exactly what does he contribute here if he thinks nobody has hardships that leave them coming to the internet looking for help with their debt? Seems to me that his very existence here is counterproductive to those of us who actually try to help people figure out a manageable solution.

 

This was already addressed by the admin team on the previous page. Lets get back to the topic at hand and try to help the OP.

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Can I just say one thing - If your response doesn't apply to helping the situation of these elderly people then kindly STFU and move on. I'm not looking for anyone's personal opinion or views on what the "right thing" is to do.

 

This particular couple has sold everything they have to sell, and has repaid this debt multiple times over if not for the interest rates. They are just officially out of money and can't survive while still repaying these debts + interest.

 

These people have pennies left to their name and have repaid everything they can while still surviving. At this point it's a matter of food/medicine over CC bills. I'm sorry to be affiliated with this and hope it didn't infuriate anyone, but this is life being in your 80's with nothing left. Social Security is a joke and if it weren't for their family helping them with the housing situation they would be near homeless or living in a ghetto. Is that how you would want your grandparents living?

 

They aren't looking for sympathy, but have paid their fair share and just want to clear the slate. They took the high road, sold their original home and paid hundreds of thousands of dollars in medical bills a few years ago, only because they felt they owed it. This time around they have nothing left to give.

 

All I can say is I hope nobody has to face the reality of what they deal with daily, unable to work and having no option for alternative income.

 

 

 

At any rate I helped them issue some statements regarding their inability to pay. Waiting on a response from the OC.

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So a friend of mine brought this circumstance to my attention recently. His grandparents have about ~7k in unsecured CC debt. They are in their mid 80's and don't own anything of real value. Home is in someone elses name, only income is SS and some retirement $$. It's come to the point where their $500+/mo CC bill is just too much to handle.

 

They can't pay it, but they can't handle the stress from the harassing phone calls from the CC or CA either. They have been paying on this debt for a couple years and paid the original balance a couple times over with interest.

 

I know it's a questionable approach, but is there a way to send a certified letter stating flat out the debtor cannot pay the bill, and notifying the OC/CA it's unacceptable to phone their residence about this debt? Or do you have to legally wait until they send the collection letter?

 

He isn't really concerned about a lawsuit as they don't have anything to garnish or seize.

 

 

1. if they co-mingle any other money with protected money - they may come after the acccount. I would close the checking account they have been using and not send another dime if that is what they need right now.

2. change their phone (after they call the OC and say they can't pay anymore) and unlist it. Or better yet, give the OC's their "new" number which a is prepaid cellphone with 10 minutes on it and just keep it off and let the calls go to VM.

3. send the CA a FOAD letter with a full C&D

4. what state are they in? some states require that the OCs follow the same laws as CAs and cannot use the usual OC harassment tricks.

 

they made a mistake, they need to worry about their health at thier age, and now they need to take care of their food chain - and I'm sorry, but IMO the CC companies are not in my food chain.

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they need to call the banks and come to a payoff arrangement - settled for less than the full amount.

 

the problem is, they will send a CA after the balance often.

 

even better, the debtor settles in full with a CA, and the bank comes after them years later for the balance.

 

(current post on the HIBS forum. )

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1. if they co-mingle any other money with protected money - they may come after the acccount. I would close the checking account they have been using and not send another dime if that is what they need right now.

2. change their phone (after they call the OC and say they can't pay anymore) and unlist it. Or better yet, give the OC's their "new" number which a is prepaid cellphone with 10 minutes on it and just keep it off and let the calls go to VM.

3. send the CA a FOAD letter with a full C&D

4. what state are they in? some states require that the OCs follow the same laws as CAs and cannot use the usual OC harassment tricks.

 

they made a mistake, they need to worry about their health at thier age, and now they need to take care of their food chain - and I'm sorry, but IMO the CC companies are not in my food chain.

 

1. They don't.

2. Good call, I'll see how receptive they are to this. Many many close friends have their home number :(

3. Will do.

4. CA.

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they need to call the banks and come to a payoff arrangement - settled for less than the full amount.

 

the problem is, they will send a CA after the balance often.

 

even better, the debtor settles in full with a CA, and the bank comes after them years later for the balance.

 

(current post on the HIBS forum. )

 

:rolleyes: that pretty rare and not something I would worry about or tell others to consider when coming up with a game plan

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1. They don't.

2. Good call, I'll see how receptive they are to this. Many many close friends have their home number :(

3. Will do.

4. CA.

 

instead of a prepaid cell phone - maybe they could get google voice. I'm not saying change their home phone, but give their CC company permission to only call their new number.

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Except for bankruptcy, there's no legal process where an original creditor can be compelled to stop calling about an unpaid debt.

 

Not true. In some states, there are laws that allow a cease and desist to the original creditor. California is one, and I know there are others. What state are the people in? If they are in California or one of the other states with such laws, they can indeed send a letter to the OC, say they cannot pay and demand that collection communications cease.

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