For those of us in Indiana, watch out

[Loves2travel27]

http://www.wthr.com/story/22926717/2013/07/24/hoosiers-targeted-for-zombie-debt-collection

[Sandscrit]

Nothing new really, if anyone gets sued over zombie debt, they should get an attorney that will countersued these vultures for state and federal violations plus attorneys fees and court costs. A class action suit may even

put them out of business.

[IndyPoolPlayer]

You'll have to go Federal court - too many lawyers here are afraid of retaliatory disbarrment by judges of attorneys who don't agree with them or who "dare question" a judge. Particularly small claims judges who are on a debt collection attorney's payroll.

 

Thankfully the Federal courts have thrown out the process which judges are elected/appointed here so changes could be forthcoming here.

[ICANHASMUNY?]

this report by the Indiana media is nothing new; it's been going on for years and years

 

the mainstream media is just picking this up and presenting it as new.

[cv91915]

The great thing about Indiana in general, is that, like most other states, you're free to leave.

[BlackKnight1983]

(Please check out everything I say below before assuming it's fact. This post is based on memory and opinion)

 

I've said this before, look at the cost to file a lawsuit. I remember reading a recent article that said it only costs $81 to file a lawsuit in the Indianapolis area. If you buy a debt for pennies on the dollar (or in the case of really old debt, fractions of a penny on the dollar), combine that with low filing fees, the ability to judge shop (there are multiple townships in the Indianapolis area where they can legally file, some of which don't have public transit), and throw in the ability to garnish wages etc, then this is what you get.

 

When I went to court, most cases were over in about 30 seconds. The judge called the case, if the defendant didn't show up, the JDB's lawyer asked for a default judgement. Stamped and over. What if there was no evidence? Over, you owe the debt now. Past SOL? Over, you owe the debt now. And on and on. Sure, you might be able to get the judgement set aside or vacated, but it's not that easy.

 

If you're reading this, then you're one of the lucky ones. You're learning how the system works, and how to prevent this from happening to you.

Edited October 16, 2014 by BlackKnight1983

[cv91915]

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

[BlackKnight1983]

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

 

Probably not, I threw that in there just to make my point on the lengths that these scumbags in the system will stoop to. Then again, I've found a few instances in my life when I just couldn't get to where I needed to be without my car (which was in the shop).

 

With corporations, everything is about %. My personal opinion is that if a company finds that they have even a slighter advantage by doing something, they'll take it.

[IndyPoolPlayer]

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

A lot more than you think. In Indianapolis, there's 9 Small Claims courts which are the favorite courts for JDB's and collection attorneys. They sometimes file at the downtown small claims but that one is easy to access since all the city buses stop right outside the building. The 8 other small claims out in the townships are mixed on public transit accessibility. BlackKnight1983 is right the filing fee is peanuts and even if the case is dismissed the chances of getting favorable judgement for the JDB are actually very good.

 

Even if a defendant has a car and drives, many times law enforcement will "hang around" the small claims court and nab folks they know is either driving suspended or has petty warrants pending. Go to court to fight a JDB, go to jail.

Edited October 16, 2014 by IndyPoolPlayer

[whoknew13085]

Here is my question- my employer actually received a questionnaire regarding wage garnishment from a court in Indiana. Apparently, a junk collector sued me in Indiana and got a default judgement. I had no idea. Why? My name is listed as the defendant with an Indiana address. Thing is- I've never lived in Indiana. Ever. I've lived in Texas since I was 6.... Now what do I do?

[breeze]

Here is my question- my employer actually received a questionnaire regarding wage garnishment from a court in Indiana. Apparently, a junk collector sued me in Indiana and got a default judgement. I had no idea. Why? My name is listed as the defendant with an Indiana address. Thing is- I've never lived in Indiana. Ever. I've lived in Texas since I was 6.... Now what do I do?

 

Does your employer operate only in the state of Texas? If so, they need orders from a Texas court, or they can refuse to answer. I'd tell them it's a mistaken identity.

[whoknew13085]

We do not have offices outside of Texas, no.

[JunkBuyersWorstNightmare]

(Please check out everything I say below before assuming it's fact. This post is based on memory and opinion)

 

I've said this before, look at the cost to file a lawsuit. I remember reading a recent article that said it only costs $81 to file a lawsuit in the Indianapolis area. If you buy a debt for pennies on the dollar (or in the case of really old debt, fractions of a penny on the dollar), combine that with low filing fees, the ability to judge shop (there are multiple townships in the Indianapolis area where they can legally file, some of which don't have public transit), and throw in the ability to garnish wages etc, then this is what you get.

 

When I went to court, most cases were over in about 30 seconds. The judge called the case, if the defendant didn't show up, the JDB's lawyer asked for a default judgement. Stamped and over. What if there was no evidence? Over, you owe the debt now. Past SOL? Over, you owe the debt now. And on and on. Sure, you might be able to get the judgement set aside or vacated, but it's not that easy.

 

If you're reading this, then you're one of the lucky ones. You're learning how the system works, and how to prevent this from happening to you.

 

+1,000.

[JunkBuyersWorstNightmare]

 

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

 

Probably not, I threw that in there just to make my point on the lengths that these scumbags in the system will stoop to. Then again, I've found a few instances in my life when I just couldn't get to where I needed to be without my car (which was in the shop).

 

With corporations, everything is about %. My personal opinion is that if a company finds that they have even a slighter advantage by doing something, they'll take it.

 

 

Concur.

[breeze]

whoknew's topic is here if someone reading this wants to help him: http://creditboards.com/forums/index.php?showtopic=535233&do=findComment&comment=5124679

[mizliz1011]

BlackKnight, once again I am impressed by your overview of a situation in which oppression is the name of the game.

 

I don't think that anyone here who has ever been down and out and has now recovered will forget what it is like to not have money for gas.

 

I rolled coins to pay for gas to get to my daughter's graduation, a $50K/year school that I had paid for by mortgaging my house.

 

When I cleaned up her room for her and helped her pack, I stole the quarters I found under the bed (a fair number) and used them for gas to get home.

 

At least I had change. Some people don't and they are frightened and uneducated. It is a crime to be poor in this country

[cv91915]

 

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

 

Probably not, I threw that in there just to make my point on the lengths that these scumbags in the system will stoop to. Then again, I've found a few instances in my life when I just couldn't get to where I needed to be without my car (which was in the shop).

 

With corporations, everything is about %. My personal opinion is that if a company finds that they have even a slighter advantage by doing something, they'll take it.

I also try to choose the options which position me most favorably for a positive outcome. What kind of salamander wouldn't?

[cv91915]

 

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

 

A lot more than you think. In Indianapolis, there's 9 Small Claims courts which are the favorite courts for JDB's and collection attorneys. They sometimes file at the downtown small claims but that one is easy to access since all the city buses stop right outside the building. The 8 other small claims out in the townships are mixed on public transit accessibility. BlackKnight1983 is right the filing fee is peanuts and even if the case is dismissed the chances of getting favorable judgement for the JDB are actually very good.

 

Even if a defendant has a car and drives, many times law enforcement will "hang around" the small claims court and nab folks they know is either driving suspended or has petty warrants pending. Go to court to fight a JDB, go to jail.

How many of those theoretical examples demonstrate that the person in question is a "victim"? I count zero.

[BlackKnight1983]

BlackKnight, once again I am impressed by your overview of a situation in which oppression is the name of the game.

 

I don't think that anyone here who has ever been down and out and has now recovered will forget what it is like to not have money for gas.

 

I rolled coins to pay for gas to get to my daughter's graduation, a $50K/year school that I had paid for by mortgaging my house.

 

When I cleaned up her room for her and helped her pack, I stole the quarters I found under the bed (a fair number) and used them for gas to get home.

 

At least I had change. Some people don't and they are frightened and uneducated. It is a crime to be poor in this country

 

I've been there, Mizliz. A few years ago, when my job came to an end, a weeks pay wouldn't fill my gas tank. I spent 20 years and got nothing, no pension, no retirement fund, and worst of all, no referrals or business contacts. I was living on canned spaghetti from a 3rd tier supermarket, eating $1.50 per day.

 

I've seen corruption at all levels. Sitting silently as my local alderman fleeces innocent people for a few bucks in campaign money. I'm still afraid of talking about it (believe me, the local news would love know what I know), because I know how these people work. My old boss would send someone to their death for $20 (and I can think of three times when he took that gamble), he didn't care about anything or anyone. It's a use or be used world.

 

As for the "It's a crime to be poor in this country" statement...

 

They are the used. They are sold a promise over and over again. But, if you fix the problem, then you can't sell the solution again next time around. Poor people don't learn what it takes to be successful. They don't learn how to manage money. There are no role models for them.

 

So, here's the statement that no one wants to hear said...

 

We've made discrimination illegal in this country (Yeah!). But, we've created a system of "black marks". Give poor and desperate people credit. They don't know how to handle it properly and they screw it up (most people will screw anything up the first time). Then, for the next 7 years, their credit is ruined. Usually over a few hundred dollars. That's what it costs to keep the poor down... a few hundred dollars on a credit card. Now, I'm not going to get into WHY they want to keep the poor down in this post (maybe I'll write a book someday).

 

The same thing goes for the criminal justice system. When I was young and dumb, I got into trouble. I'm not going to go into details (it really isn't anyone's business), but I can say it was non-violent and involved less than $200. That's a "black mark" that's NEVER going to go away. I make more than $200 in an hour now (later in my life, after I learned a skill). But, this black mark will always keep me from reaching my full potential (actually, committed today, the same act would be a misdemeanor and qualify for expungement).

 

Those in power need to oppress in order to stay in power. The rich need to use the poor. Nothing is ever going to change that.

 

The truly great part about America is that people can decide to rise up and better themselves. You're not locked into anything. There's no such thing as a "lot in life". You just have to decide how bad you want it, and how hard you're willing to work for it. It's hard, it means giving up xbox and tv. It means eating cheap and driving a 15 year old car. But it can be done.

[nysbadmk8]

 

BlackKnight, once again I am impressed by your overview of a situation in which oppression is the name of the game.

 

I don't think that anyone here who has ever been down and out and has now recovered will forget what it is like to not have money for gas.

 

I rolled coins to pay for gas to get to my daughter's graduation, a $50K/year school that I had paid for by mortgaging my house.

 

When I cleaned up her room for her and helped her pack, I stole the quarters I found under the bed (a fair number) and used them for gas to get home.

 

At least I had change. Some people don't and they are frightened and uneducated. It is a crime to be poor in this country

 

I've been there, Mizliz. A few years ago, when my job came to an end, a weeks pay wouldn't fill my gas tank. I spent 20 years and got nothing, no pension, no retirement fund, and worst of all, no referrals or business contacts. I was living on canned spaghetti from a 3rd tier supermarket, eating $1.50 per day.

 

I've seen corruption at all levels. Sitting silently as my local alderman fleeces innocent people for a few bucks in campaign money. I'm still afraid of talking about it (believe me, the local news would love know what I know), because I know how these people work. My old boss would send someone to their death for $20 (and I can think of three times when he took that gamble), he didn't care about anything or anyone. It's a use or be used world.

 

As for the "It's a crime to be poor in this country" statement...

 

They are the used. They are sold a promise over and over again. But, if you fix the problem, then you can't sell the solution again next time around. Poor people don't learn what it takes to be successful. They don't learn how to manage money. There are no role models for them.

 

So, here's the statement that no one wants to hear said...

 

We've made discrimination illegal in this country (Yeah!). But, we've created a system of "black marks". Give poor and desperate people credit. They don't know how to handle it properly and they screw it up (most people will screw anything up the first time). Then, for the next 7 years, their credit is ruined. Usually over a few hundred dollars. That's what it costs to keep the poor down... a few hundred dollars on a credit card. Now, I'm not going to get into WHY they want to keep the poor down in this post (maybe I'll write a book someday).

 

The same thing goes for the criminal justice system. When I was young and dumb, I got into trouble. I'm not going to go into details (it really isn't anyone's business), but I can say it was non-violent and involved less than $200. That's a "black mark" that's NEVER going to go away. I make more than $200 in an hour now (later in my life, after I learned a skill). But, this black mark will always keep me from reaching my full potential (actually, committed today, the same act would be a misdemeanor and qualify for expungement).

 

Those in power need to oppress in order to stay in power. The rich need to use the poor. Nothing is ever going to change that.

 

The truly great part about America is that people can decide to rise up and better themselves. You're not locked into anything. There's no such thing as a "lot in life". You just have to decide how bad you want it, and how hard you're willing to work for it. It's hard, it means giving up xbox and tv. It means eating cheap and driving a 15 year old car. But it can be done.

 

 

 

Its your refusal to shine the light on the corruption that you hate, that allows it to continue.

 

You preach against the system, but you are only helping the system continue its status quo.

[BlackKnight1983]

Its your refusal to shine the light on the corruption that you hate, that allows it to continue.

 

You preach against the system, but you are only helping the system continue its status quo.

 

Actually, I have to choose which battles to fight, and how to best fight them. Sure, in the above mentioned case, I could have scored some quick points and caused the guy some problems. Was it worth losing my house over? No. You see, the building inspector would have been over that same week, and with a hundred year old house, who knows how many violations he could rack up (at 1k per violation, per day, no less). I've been down that road before, paying fines on violations that were not really violations (like things you only had to upgrade if they were being worked on). Or someone dumping trash on your lawn in the middle of the night and an inspector there (they had a complaint... at 4am, imagine that) before you get up in the morning.

 

I choose to fight the system by educating others. I can't change the world, but maybe, just maybe, I can help change it for a few people.

[BlackKnight1983]

 

 

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

Probably not, I threw that in there just to make my point on the lengths that these scumbags in the system will stoop to. Then again, I've found a few instances in my life when I just couldn't get to where I needed to be without my car (which was in the shop).

 

With corporations, everything is about %. My personal opinion is that if a company finds that they have even a slighter advantage by doing something, they'll take it.

I also try to choose the options which position me most favorably for a positive outcome. What kind of salamander wouldn't?

 

We all TRY to choose the best possible outcomes, the problem is that we base our decisions on our knowledge and past experiences. Someone who makes the wrong decision based on lack of knowledge doesn't make them an salamander. They're just unsavy.

 

When my wife found out about my credit problems, she knew the solution. Suck it up, call the creditor (jdb), affirm the debt, and work out a payment plan. She said if I didn't, she'd do it for me. She's far from being an salamander, college educated, and makes a decent income, but we all know how bad that advice was. And, she thought that was the best course of action. She just didn't know any better.

 

 

How many of those theoretical examples demonstrate that the person in question is a "victim"? I count zero.

 

There's no shame in being a victim. I've been a victim of many things, but if I bring it up, it isn't because I want anyone to feel sorry for me. I only talk about it because I want others to learn from my mistakes and not be a victim themselves. Sometimes, people don't even know they're victims (or simple being used) The system is the system, and we all have to learn to work with it to get our desired outcomes.

[Jega]

 

I only talk about it because I want others to learn from my mistakes and not be a victim themselves. Sometimes, people don't even know they're victims (or simple being used) The system is the system, and we all have to learn to work with it to get our desired outcomes.

 

 

Please keep it up. I've learned how to avoid so many mistakes in the past couple months just reading from everyone's experiences. This is one man who appreciates what this board has to offer!

[cv91915]

 

 

 

I would be shocked if even 1% of the people who end up with a default judgment against them realized this outcome primarily because there was no public transportation to get to court.

Probably not, I threw that in there just to make my point on the lengths that these scumbags in the system will stoop to. Then again, I've found a few instances in my life when I just couldn't get to where I needed to be without my car (which was in the shop).

 

With corporations, everything is about %. My personal opinion is that if a company finds that they have even a slighter advantage by doing something, they'll take it.

I also try to choose the options which position me most favorably for a positive outcome. What kind of salamander wouldn't?

 

We all TRY to choose the best possible outcomes, the problem is that we base our decisions on our knowledge and past experiences. Someone who makes the wrong decision based on lack of knowledge doesn't make them an salamander. They're just unsavy.

 

When my wife found out about my credit problems, she knew the solution. Suck it up, call the creditor (jdb), affirm the debt, and work out a payment plan. She said if I didn't, she'd do it for me. She's far from being an salamander, college educated, and makes a decent income, but we all know how bad that advice was. And, she thought that was the best course of action. She just didn't know any better.

 

 

How many of those theoretical examples demonstrate that the person in question is a "victim"? I count zero.

 

There's no shame in being a victim. I've been a victim of many things, but if I bring it up, it isn't because I want anyone to feel sorry for me. I only talk about it because I want others to learn from my mistakes and not be a victim themselves. Sometimes, people don't even know they're victims (or simple being used) The system is the system, and we all have to learn to work with it to get our desired outcomes.

 

 

People f*** things up for themselves. About ten years ago I created a couple of stupid messes, so that's the position from which I'm speaking. Then, years later, I faced them and I fixed them.

 

Ignorance isn't a defense. It's no one else's job to know your own responsibilities.

 

I agree that there is absolutely zero shame in being an actual victim of something terrible... getting struck by lightning, for example.

 

My point was simply that too many people want to wear the label of "victim" because it's easier than facing the fact that they've created difficult disasters for themselves.

 

When people start using the term "the system," it's almost always in the context of a major cop-out and feigned victim status.