You Can Flip The Script When Sued For Collection

[@anthonyjesus7618]

Thank you very much Mr.Bovee for your videos as they have been very informative and helpful.

[@j.vi-geant6784]

I'm in California, 62 y.o. female, on S.S.I. only, attempted sexual assault by a neighbor. The neighbor lied to the judge, the judge fined me $3600.00 payable in 30 days, or possible incarceration.

[@chaimbrody]

any recommendations. in ny state for a debt collection attorney. Michael i love youre channel thanks

[@MichaelBovee]

Check out consumeradvocates.org and do a search based on state and the debt collection category. There are a few dozen in that list with the experience you need.

[@vq7864]

Wish I had seen this sooner. You're right about Idaho.

[@PickledHam]

I think I'm being sued for uncollected credit card debt (police left a note on the door to call) have no phone. how can I get more time, delay court date or change the date if its not good? how to file a defense asking for proof of debt ownership? worst come to worst I can make small payments over time.

[@MichaelBovee]

Your ideal resource is going to be working with an experienced debt collection defense attorney in your state. You can email me your state and request attorney referrals to info @ consumerrecoverynetwork dot com

[@RenePerez-pu4cj]

I plan to settle all my debt. My only concern is dealing with debt collectors that will try to sue me. I live in New York City and I’m not sure what the laws are here

[@MichaelBovee]

Who are your creditors? When did you stop paying?

[@RenePerez-pu4cj]

Synchrony(2), Capital One(3), Credit One(1), Discover(1), Bill Me Later(1), CBNA(1), Barclaycard(1), and Merrick Bank(1). The numbers identify the number of accounts from that bank. As of this month, all my bills were paid in October. I plan to stop paying all of them starting this month. I’m gonna start saving money aside to settle the debts.

[@MichaelBovee]

Capital One and Discover sue a lot and often send accounts to collection law firms fairly quickly after charge off (7 to 9 month late range). Synchrony, Credit One, Citi, Credit One, Bill Me Later, all sell debt to debt buyer that are aggressive with the suing. And that risk is something I generally define as begging after 12 months. Barclays sues less, as does Merrick. How quickly are you going to be able to pull money together in order to settle before the risk of being sued looms large?

[@RenePerez-pu4cj]

I can come up with $5k in a matter of 7 months at most. I owe about $9,300k in credit card debt. A lot of it is small debt. $1,600 being my largest and $500 being my smallest. I really can't afford to pay it anymore.

[@K8-M]

Hi Michael, I got served a couple of days ago for unpaid, defaulted credit card debt of a little over $4,000. If at all possible, I would prefer to settle and repay rather than take it to court, but I'm told by a friend who also got sued for debt that since it's a step above responding to the magistrate (or so I'm told), I likely don't have that option anymore. She was able to settle on hers so that the court hearing wouldn't show on her public record. I'm saying this because I've been trying to get a job within our county's courthouse and would prefer to have that kept clean... I'm also on unemployment currently for being laid off and don't have a lot of money for an attorney. I'll of course go that route if necessary, but I want to know what my best options are. Also, if you know of any good attorneys that serve around Pittsburgh, PA, that would be great! Thanks.

[@MichaelBovee]

Look up Greg Morrow as an experienced debt collection defense attorney in Western PA. He offers a no cost consult, and I highly advise that in order to get your bearings on the next step. You can settle, to be sure, but you have to have the money at the ready, and sometimes working with a pro will help buy you that time, or perhaps even succeed to a dismissal if the situation is right.

[@K8-M]

Hi Michael, I wanted to update you. I did get in touch with Morrow/Artim this past Monday, had a consultation, which I thought went pretty well, but now I haven't heard since, despite leaving a couple of messages and attempts at calling. My deadline to respond to being served is Monday (5/8). I can respond, but it's been difficult trying to reach someone to help with my case. I have a lot going on with trying to find a new full-time job and recently had a death in the family. This has been the icing on the cake, of course! I'll update once I have something figured out, but right now I'm not sure what it will be. I have contacted the prothonotary's office to try to get an extension on my response, but I've found that it's not possible to do so. I've also heard some conflicting information on what I should state in my response. A friend says less is more, but some things I've read state that I should go into detail about losing my job twice now and financial difficulty. Again, any help is much appreciated.

[@MichaelBovee]

Simple and little detail is often best in my experience. Was your intention to hire Greg to represent you? I would hit him on phone and email until you hear back. Do not rely just on email.

[@K8-M]

I would prefer to do as little detail as possible, but clearly don't know what I'm doing. I have a feeling that by doing this myself, I'll probably somehow hurt myself in the matter... and later be told by a future attorney that I shouldn't have said whatever I do end up saying! It's currently my biggest worry. My intention was to hire Greg. I ended up speaking with Clay (Morrow) on Monday. He seemed to think my case was an easy win... he didn't quote me, but gave me an average cost, which I was ok with. He then stated that he needed to send it to billing to get me a quote, and how I could do payments. He CC'ed me on the email. Neither the person from the billing department nor Clay has responded since, by email or otherwise. I've called a few times and left 2 or 3 messages. So now I'm at a loss. I was hoping to have an attorney to help me prepare a response. It's a little frustrating, because I don't even know if I should admit that I owe, because I know that they will need to essentially prove it.

[@MichaelBovee]

Shoot me an email to michael at consumerrecoverynetwork.com and put PA attorneys in the subject. I will email you a list of all attorneys in PA that I know have the experience you need.

[@brendaluna8376]

Hello Michael, I live in mcallen tx.I got served on march 2, and only gave me 14 days to submit answer. Plaintiff says its from Westlake services and represented by debt buyer lawfirm Javitch block. I have gotten no real willingness to help other than file bankruptcy by the attorneys in my area and I dont want to file bankruptcy. The plaintiff is suing me for $2,961 with the claim and copy of the contract of the debt but dont know exactly how they came up with thousand. Dllrs more. As far as i could remember I completed 34 payments out of 40 that were scheduled back since 05/18/2014. The car was a loss because it got towed by a friend I lend it to and I never paid to get it out. What would you suggest since I got no other options adviced other than bankruptcy? I dont want to plead guilty. I want to make them work for they money they claim and I would prefer to answer to the claim as I dont known so I deny the allegations although i do recall the loan. Could you advice or refer me??

[@brendaluna8376]

contract agreement says were 40 payments of 300 starting 05-18-2014 and to the best of my knowledge i completed 34 payments since that date and they never reported to my credit bureaus untill after I stopped payments.

[@MichaelBovee]

I posted to your other question how to find an attorney in your state that focuses on defending collection cases. I would start with a a consult with a skilled debt defense attorney.

[@ihaveriffs8261]

If I wait until I get sued to file bankruptcy, will the bankruptcy void the lawsuit? I don’t have any reservations about filing(I’ve done it before about 8 years ago and it was a great solution), but I would rather wait as long as possible.

[@MichaelBovee]

Bankruptcy would stop collections in its tracks, including law suits.

[@warbaby1975]

I've been paying Titan Legal Processing company for debt consolidation for a year now and suddenly I get served papers to go to court a few days ago. I'm capable of paying my bills but I just wanted one bill that covered all the credit cards to make paying them every month a lot easier. I had pretty good credit score before I started this and now I can imagine after a year my score is shot to hell and now I'm being sued. Apparently Titan has not paid anything on Citi Bank and now I just received a letter today from some Jeffersons company that bought my Nostrums debt threatening court action. I thought I was doing the right thing but now it seems I'm stuck in a deep hole. I told Titan and faxed them all the paperwork I received and their supposed to get back to me within a week. Pretty scary but it seems like after a year of payments to this company I have no choice but to trust them for a little bit longer.

[@MichaelBovee]

Target is known to sue. You can still settle, but the deal will likely be higher than 50%. You may also want to talk to an experienced debt collection consumer law attorney in your state.

[@warbaby1975]

@@MichaelBovee Thank you Mr Bovee, I appreciate your response and what you do,

[@eric1223able]

I am located in Texas in the DFW area dealing with threats of being sued from AMEX. I am looking for a experienced attorney. I am out with pancreatic issues and haven't been able to work in three years. Working on getting SSI going but at the moment I have zero income my parents are helping me by letting me live with them. Any suggestions?

[@MichaelBovee]

How much is the AMEX balance?

[@eric1223able]

It is at $5800 with all the fees at the moment. I have no income at all but my parents are helping me. Am I better off waiting to be served and hire an attorney to deal with it. They turned down a offer of $1400 today.

[@MichaelBovee]

Not necessarily. I suggest calling in for a consult. You can reach me at 800-939-8357 ext 2.

[@kennedylowe2206]

Hi Michael...I'm being sued by Cap One for $3,000. I am unemployed and only own a 2005 vehicle. There's nothing in my bank account. Should I just let them give me a default judgement? I don't know what else to do. I can't come up with any settlement money. Thanks in advance for your help.

[@MichaelBovee]

If I believed the situation is going to turn around soon, I might defend the suit to buy time to settle a few months from now. If you have no way to fund a settlement, or commit to a payment plan, letting things be is sometimes all there is to do. You can circle back to settle this later. Chapter 7 bankruptcy is an option, but typically not something you do over a debt this small. Are there other debts besides this one? If so, what do they all add up to?

[@kennedylowe2206]

@@MichaelBovee Yes I have about $5,000 total debt. Thanks so much for your response.

[@MichaelBovee]

Thanks. Once you factor in the cost of filing chapter 7, I am not sure I would.

[@pamelabihl7524]

Hi,I've been sued & judgement the whole nine yards, I live on social security my only income , can they garnish my funds ???

[@MichaelBovee]

I cover how your social security is protected from garnishment here: consumerrecoverynetwork.com/question/social-security-pension-state-exemption-debt-collector-garnishment/

[@anthonyhernandez3645]

Micheal, hello I need some advice on a situation I have with a dept collection attorney in Texas were I'm from. I'm living in Arizona and found out about a year ago that Anhieser Busch credit union hired an attorney to deal with the dept I owe them. It was an old repo from a couple of years ago, I even setup a payment plan for the amount of $350 monthly and out of 26k paid it down to $21k. Here recently I cant afford the payments anymore and sent them a letter asking to settle for the amount I paid them already which is about 5k. Also in the letter I explained that my income was from the VA, and stated that they cannot garnish or levy any income from my account under federal law. I sent it 2 weeks ago certified mail, no response! I bought the car in Missouri and checked the statue of limitations & it said 10 years! I'm thinking their gonna set on this for a while or sue me anyways, I have no property to take! What's your take on this?

[@MichaelBovee]

I do not think they will settle for what you already paid them, but that they will settle with you for less. You could also file for chapter 7 bankruptcy and put this behind you, along with any other unresolved debts.

[@catfoote]

I am in Indiana. I had a Barclays Deleware Apple rewards card and made my payments on time then they decided to cancel my card so I did not make any more payments. Then yesterday I had a summons delivered at my door when I was at work in the amount of 2664.22 which is no where what I owed at the time I stopped paying them. I work in the court system here in Vigo county and this is very embarrassing. I would like to work out a payment plan and really do not want to go to court. I also am raising a disabled grandchild not that it matters and only work part time but we both receive social security benefits. I have heard that those can not be garnished. What would you suggest I do? Thank you so much for your input.

[@MichaelBovee]

You can typically set up payments with the law firm suing in this situation. You social security is protected. More on that here: consumerrecoverynetwork.com/question/social-security-pension-state-exemption-debt-collector-garnishment/

[@jschnaufer]

What can you do if Midland sued you and you had no idea and it showed up as a judgement. We moved in 2007 and this judgement is from my old county in 2012. I have no idea about this debt or what it could be for.

[@MichaelBovee]

I would connect with an experienced debt collection defense attorney in the judgment state and see about getting the judgment set aside or vacated for lack of proper service and your having been gone for years.

[@johnwcarney]

The law firm I signed an agreement with st the courthouse sold it off to a different law firm. They contacted me saying I have to pay them now. Whst can I do?

[@MichaelBovee]

Who is the named plaintiff on the court case? I would call them and double check that they changed firms before starting paying the new one if it were me.

[@MissionaryInMexico]

I live in Texas, being sued by attorney in Louisiana for credit card debt. Due to disability, I've not been able to pay a dime since June 2015. In December 2018, there was a single, improper service. The server came to my door, by her own admission, 4 separate times. (most probably lying because she *"said"* she left 3 cards, and court allows her to leave notice on 4th visit on my door, with special permission from the court. She also parked in the wrong place, asked my neighbors where I lived, etc...) Fenced, gated community, posted *"No Trespassing, violators will be prosecuted."* She snuck in the exit gate to get to my apartment. So, she's being charged with 4 counts of trespassing (I recorded her saying she had visited 4 times and the judge's staff confirmed that she had, at the very least, asked for permission to leave notice at my place), charged 4 times by me, and 4 times by the apartment complex. I have death threats on my person since 2011, nobody is allowed to come to my door. And certain people will be arrested if they even step foot on the property. That nefarious group of attorneys murdered my father while he was investigating their death threats against me, they shot him in 2014. They've tried to make my life hell so I've had to live under the radar. The bank thinks I'm hiding from them. Nothing could be further from the truth. My financial counselor drafted a letter that I signed and sent in return receipt requested certified, asking them to begin dialogue with me about the debt, in 2016. They neglected to answer and instead opted to sue me 2.5 years later. Anyway, the amount I owe is average for credit card debts. But I have zero income. Only disability, that came in AFTER I sent my letter to the bank. How did they find my address? In November, I signed up for a money gram online money send account. My bank failed and blocked my very first send, and I sent them an email with my physical address. I felt safe, because, I had not signed up for credit or banking services and I had a p.o. box for my bank address. So, I gave them both of my addresses to try to get the send to go through. Big mistake. The email notification in got showed that money gram had changed the name of my recipient to "Ford Credit." Then I received an email that I can never use money gram online services again, that my account was shut down permanently. Now the have a photo of my passport, and lots of information... Which, they sold to the credit card issuer. Who gave it to the Louisiana attorney, who is suing me on behalf of the suing bank. I contacted my monthly-paid legal shield service and they gave me bad advice, and referred me to an attorney who wants $1400 retainer and a promise it will total more than $2000 to draft a letter to the suing attorneys, "guide me" as needed, and I'll still be doing it pro se. I laughed at that lawyer and am now searching for an honest lawyer (needle in a haystack) who will *REPRESENT ME, TAKE MY CASE.* For a reasonable fee. If not, then I'm pro se. Oh... I'm suing money gram. Try finding ANYTHING negative on KZbin. As soon as something negative is posted about them they have it surgically removed, proving, KZbin doesn't believe in freedom of speech. But look on Consumer Reports, Consumer Affairs, Ripoff Report and the like, and there are 10's of thousands of bad reports much worse than my own experiences about money grab. I'm thinking of just calling the suing attorneys and offering 25% of the debt, to read "settled in full" as well as deleting any mention of it on my credit report. If they say no, then, sue me. Blood from a turnip.

[@chrismorgan6149]

Let them sue you. It's in your favor. 99% don't have the original signed card agreement. KZbin debt defense. You can beat these folks. I did

[@DronesAndDimLights]

Hi Michael. First, thank you for providing your advice in the form of these videos. It really helps for people like me who feel like they don't know where to start. I've received a summons regarding debt that went unpaid for a Citibank credit card. The summons was sent by Cavalry SPV I. I live in California and am basically living paycheck to paycheck and struggle to save any money. May I ask you for recommendations of reputable debt collection attorneys that would be able to help me?

[@MichaelBovee]

We can help. You can schedule a phone consult with me here: calendly.com/debtbytes/15min

[@bwatts0906]

Hi Michael, can you recommend a debt collections defense attorney in Texas, specifically Texas Panhandle?

[@MichaelBovee]

What is the goal you have in mind? Are you fighting a case to win, or to settle?

[@bwatts0906]

Well I actually have 5 cases so far. I have 3 court dates set up at the moment all on the same day. Yikes! But in all we have somewhere in the neighborhood of $62,000 in credit card debt. We are actually contemplating bankruptcy. I would like to explore all of our options before we a actually decide. I have talked with a local attorney about possibly filing.

[@MichaelBovee]

If you qualify for chapter 7 it will be far less expensive. The national average cost of chapter 7 is under 2k. Settling debt could cost half or more (lawsuits often do not settle as low as accounts not placed with attorneys). You can talk to skilled debt collection defense attorneys you find through the National Association of Consumer Advocates. Using their find attorney page drop down menus, choose debt collection on the left, and your state on the right. The list will display the longest members first (likely the most experienced at the top), and the city listed on the right.

[@helena69681]

Hi...I am strongly considering bankruptcy..I have 2 judgements against me .I tried negotiating with Discover attorney and they want 80% of 12,000...best to just use my finances towards bankruptcy?

[@helena69681]

I just received letter about pending bank levy.

[@MichaelBovee]

The national average cost of chapter 7 is around 1800 dollars. You get a fresh start for far less than it would cost to settle just this one account, let alone any other debts you have. Here is a good comparison of how chapter 7 affects your access to credit compared to settlement: consumerrecoverynetwork.com/credit-report-score-rating-debt-relief-programs/

[@rothsyann]

I'm being sued for 2300 from a debt buyer collection attorney. I don't want to go to court. Should I call the plaintiffs

[@MichaelBovee]

You typically have to work things out with the collection law firm handling the case. There are some limited instances where calling the debt buyer will still get things resolved though, so you can start there. Just be ready for them to tell you to call the attorney.

[@dagawd2271]

Hey, I was served today, for a 300$ credit card from 2013, im in georgia, the statue of limitations for cc debt is 6 years, Next month Septemeber will make 6 years, my question is which date do i go by? Going by the Summons, the date is August 9th, I would be 2 weeks short of 6 years...WHen I make it to court it will definitely be over 6...Thanks

[@MichaelBovee]

State courts tend to go by the date of the action being filed, so they could serve you after the 6 year mark, as long as they filed before the 6 year mark. Talk to a local debt collection consumer law attorney to be sure.

[@jwilkinson7777]

Hey Michael, I've tried calling a few times, no luck. I'm in Texas, and looking for a recommendation for a debt attorney. I'm also considering calling their attorney and trying to work something out since I just got a new job, but worried I may not have enough money to do a lump sum.. any suggestions? $9400 PRA (Cap one).

[@MichaelBovee]

Have they filed suit already? If so, when were you served? Phone is tough because I never click over when I am on the line, and I am always on the line. But my voicemail gives my email address, and we can often be on the phone same day when it starts with an email.

[@brendaluna8376]

@@MichaelBovee I have not been able to find a good attorney in texas, I have only been offered bankruptcy, would you refer an attorney to defend my case. Ty in advance.

[@MichaelBovee]

@@brendaluna8376 Check out the National Association of Consumer Advocates. On their find attorney page choose debt collection in the left side drop down menu, and your state.

[@jennieher123]

Who (attorney) would you recommend for the state of Cali?

[@MichaelBovee]

Jeremy Golden at www.goldencardona.com is one of the best I know at debt collection consumer law in California.

[@richard1609]

Hi Michael I have a question if you could help me with I live in Indiana in 2016 started paying medical bills That were around $3500 the debt was sold to an attorney who contacted me and said that they were going to garnish my wages. I have been paying them $50 a week and sometimes 100 a week but just recently received a letter that I have to appear in court I guess to pay it in full my employer received paperwork to have my paycheck garnished which I don’t understand since I’ve been paying them as much as I could every week but they say I should pay it all off because my husband was injured on the job then fired and was out of work and still is but just received a settlement check that he is going to use for surgery that he needs from being injured on the job and all the other bills that were behind for him being out of work because he was not paid for a year and a half that he’s been out of work because of his injury and they are saying since my husband receive this money I should be able to pay them off for the medical bills that I owe so I don’t understand why they pretty much stopped taking my payments and want it paid in full just because my husband received some money that is supposed to be use for his surgery what he received his name and close enough to cover the surgery he needs to haveAny advice on what I should do or any attorneys I should call to help I want to pay them off but don’t want to take from the money my husband is for surgery for that

[@MichaelBovee]

Is the court paperwork you got a summons and complaint to start the lawsuit, or were you sued on the debt in the past that they got a judgment for? How much is still owed on it today? If this is part of a past judgment, do you know if the court granted interest, and if so, how much?

[@richard1609]

Michael Bovee The first time I received paperwork was in the beginning of 2016 and it was a (statement of claim) in the first paragraph the letter stated to the clerk please summons the defendant to appear in court to answer this claim. Plaintive ask judgment against defendant $2416 plus reasonable attorney fees plus cost of this proceeding. Second paragraph is affidavit and certification of compliance with trial rule 5G. The third paragraph it’s states notice to appear says the plaintive ask judgment in this court against you for $2416 Plus reasonable attorney fees plus cost. And then had a date and time were me or my attorney needed to answer this claim in Vandeberg Superior Court house I requested proof of debt from them and they sent me an itemized statement for the services rendered and before I could appear in court I contacted him to set up a payment arrangement because couldn’t afford to pay it all off at one time and they excepted my payment arrangement and was playing on that ever since

[@richard1609]

Michael Bovee they are asking for us to bring wage information and any assets non exempt property to settle this judgement Can they take the money my husband got for settlement for his procedures that he has to have that he settled out of court

[@richard1609]

Michael Bovee the amount that is owed right now is 1992.00$

[@MichaelBovee]

When you agreed to the payments it sounds like you did not sign a stipulation or consent to judgment that basically protects you from something like this as long as your payments are on time. I cannot say whether they can take your husbands money. The judgment is against you. Talk to an experienced debt collection defense attorney in your state. You can find some using the drop down menus here: www.consumeradvocates.org/find-an-attorney

[@APortaA1]

hi michael can you recommend defensive attorney in nj?

[@MichaelBovee]

Is the goal to try to defend through trial, or is it to reach a reasonable settlement?

[@APortaA1]

@@MichaelBoveeperhaps the latter if they will accept 30% of balance. Otherwise, I will defend. Would like to weigh both options with attorney. I am ruling out chapter 7 and leaning toward the above two options

[@mar87bell]

I live in McAllen, Tx. Who do you recommend?

[@MichaelBovee]

Who is the named plaintiff suing you? What is the name of the collection law firm involved? How much are they suing for?

[@mar87bell]

Portfolio recovery and they are suing me for $1800

[@MichaelBovee]

The NACA attorneys you can connect with would have fees of about what you owe, or around what you could settle for.

[@mar87bell]

Okay. Thank you!

[@K_Pen]

I live in California and am being sued for about $1.5k. I am currently unemployed and have been for a year due to mental health issues. I don’t make a dime and don’t collect disability. I am healthy now and job hunting, but I just saw a letter from a local attorney saying I was being sued. I haven’t received a summons or anything from the suing attorney. I looked online on the county website and sure enough it’s been filed. I’m really at a standstill here. I have not the slightest idea what to do as I cannot afford an attorney at the moment. (But I also haven’t been served yet and wondering how long that may take. ) I had to stop paying my bill about 6 months ago and my account was recently closed and they are already suing. Have no clue where to even start.

[@MichaelBovee]

How long it takes to serve you can vary. Who is the creditor suing? What is the name of the law firm suing?

[@braddsn]

Hi Michael. I am being sued by JH Portfolio Recovery. I am in Southern Illinois (Carbondale). Can you recommend a debt collection attorney close to me with experience in this area? Thank you!

[@MichaelBovee]

Look up local members of the National Association of Consumer Advocates. Many have the experience you need.

[@jenjen5184]

Can you recommend a good lawyer in south Florida?

[@MichaelBovee]

What is the court situation you are dealing with?

[@jenjen5184]

Michael Bovee I still have all my accounts in good standing but moving in to a new place and will no longer afford to pay atleast 3 of them. I have chase at 11,300, one main financial at 9,200 and a discover card for 6,300. I am going to save as much as I can and plan to try and settle, it may take me 6-9 months to do it. I would not like to do bankruptcy and be tied up for 5 years since I only qualify for chapter 13.

[@MichaelBovee]

Okay, thanks. You may not need an attorney at all. But if you want one to negotiate for you, we have them available. You can schedule a call with me to go over that here: calendly.com/debtbytes/15min

[@sfkhan570]

Will you please suggest an attorney in Georgia area?

[@MichaelBovee]

You can find some using the drop down menus here: www.consumeradvocates.org/find-an-attorney

[@jeffreyj3906]

My mother is disabled and elderly and found herself in major debt now. She along with me owns a modest home and a the land which it sets on. My question is if you can, and will answer can they put a lean on this home?! It's all she really has . Which will go to me at her death. If you can address this or point me in the right direction. Thank you so much

[@MichaelBovee]

Most civil court money judgments can result in a lien being recorded against real property. It can even be automatic in some places, if the property is in the same county as the court. Talk to an experienced debt collection consumer law attorney in your state for clarity about your situation. You can settle debts before a court action is filed, during a court case, and after a judgment is reached. I have negotiated many settlements on judgment liens too, but what you can get them to agree to discount is typically not great.

[@HeavenlyLights]

@@MichaelBovee so if you own a house and the asset value is greater than your debt you are basically screwed. Correct?

[@MichaelBovee]

@@HeavenlyLights That is an overly broad statement. Can you provide some context for the situation?

[@HeavenlyLights]

@@MichaelBovee ThankYou for your reply. I signed a consent judgement for unsecured debt. The interest is 1/2 of the debt. So quite high. I have a small income and an asset that has equity greater than the debt. I don’t know if a lien was placed but the judgement was put on the property. Is that the context you are requesting?

[@MichaelBovee]

@@HeavenlyLights Thanks for those details. If you signed a consent to judgment and are following through on the payments, and provided you can continue to keep to the agreement, I would do that. If things get to a place where you cannot keep pace with the payments, and you stop making them, you could circle back and settle the judgment for less later on. The amount you save from settling the judgment is often not all that great, and you typically want a lump sum of cash to settle with in this situation. You could have risks of wage garnishment in most states, or a bank levy, while you are not paying on the agreement. You may still qualify to get rid of the judgment in a chapter 7 bankruptcy even with the equity in your home. Talk to a local bankruptcy attorney about your states equity exemptions and income means test.

[@noobtopro1984]

i have 43000$ in dept and have no idea what to do ...i have to stop making payment on them cuz i cant offerd it .....

[@MichaelBovee]

Who are the creditors and what are the balances on each? When did/will you stop paying on them? What state are you in? What is your household income? How many people in your home? I can offer feedback about your options with the answers to those questions.

[@TechSocialMedia559]

Michael Bovee ... chase 14.000$ discover 11.200$ Citibank 8.000 Bank of America 10.5000 ..Texas ..about 45000$ a year ...I’m about month late on them ..:spouse and one child ..

[@MichaelBovee]

I would first look at filing chapter 7 to get a fresh start. It will cost less than 2k, and will give you the most complete relief and fresh start. Talk to a local bankruptcy attorney or two. If for any reason you cannot file chapter 7, lets look at what you can do to settle with those creditors over a couple years.

[@TechSocialMedia559]

Michael Bovee thanks. A lot

[@TechSocialMedia559]

Michael Bovee do you think they can settle with me !

[@plhhw2758]

Can you recommend a good lawyer in Maryland that offers free consultations? Thx!

[@MichaelBovee]

What is the issue you are trying to overcome?

[@plhhw2758]

@@MichaelBovee I found out that my local union in my area provides legal assistance. Hey thank for responding Michael I appreciate you! 🙂👍

[@gtrovadorca]

In Las Vegas who do you recommend?

[@MichaelBovee]

Who is suing, for how much, and when did you receive the court papers?

[@djplumcrazy5478]

I just got served in Las Vegas from BOA for $2900 in credit card debt. The attorney for them is Sean Ambrose from The Moore Law Group. What do you advise or who should I goto for counseling? Thanks for any recommendations.

[@nashnos1651]

Hi Michael can you recommend debt defense attrneys in connecticut

[@MichaelBovee]

Look up Joanne Faulkner in New Haven, Daniel Blinn in Rocky Hill, or Sarah Poriss in Hartford.

[@debblargen3552]

Thanks or the information. Please share the contact for some experience debt collection attorney in Atlanta,GA.

[@MichaelBovee]

We have them here. You can schedule a call to go over your situation here: calendly.com/debtbytes/15min

[@rickjaime9824]

My name is Rick. I live in Washington state. I just got served. I need help finding an Attorney. I live in Wenatchee.

[@MichaelBovee]

Kirk Miller in Spokane is great with debt collection lawsuits, and he can often work cased anywhere in the state.

[@gvonglis]

In So Cal. Just got served for a $3k CC debt. Also looking at $22k in CC + student loan debt, all 2+ yrs old. Can you recommend 1) Attorney 2) Bankruptcy vs Settlement ? Thank you 🙏🏼

[@MichaelBovee]

I can best compare settlement vs bankruptcy when I know many more particulars of your situation. I offer free phone consults, so I recommend you schedule one here: calendly.com/debtbytes/15min

[@charliedallachie3539]

If you win, either way people have to pay you guys unless they can be their own attorney

[@talamook]

I've watched all of your videos and have read every single article on your website. The information you provide is invaluable. Thank you so much! If I talk to a debt collector on the phone, can they use what I say against me in a court of law? I don't want to ignore the phone calls but i'm scared that if I say something wrong it could be used against me. If I send them a letter in the mail asking them to forgive my debt, can that be used against me in a court of law, as in i'm acknowledging that the debt is valid?

[@MichaelBovee]

Are you being sued? If not, what is your goal to resolve your debts? You can typically avoid being sued if you can resolve the debts early on. If you are being sued, talking with a collector to settle out of court is fairly normal. You can still defend the suit aggressively while negotiating. I highly recommend you speak to an experienced debt collection defense attorney in your state if you are seeking legal advice. Who is it you are thinking of sending a request to forgive your debt?

[@talamook]

I'm not currently being sued, (but expecting the worst). I lost my job in 2010 due to a chronic illness and have not been able to return to work and will not be returning to work. The debt is with Chase Ink. I have heard that sometimes they will cancel/forgive the debt. I want to write them a letter asking them to forgive the debt before they charge it off and/or transfer it to a CA. I have been paying on this debt for 8 years, never late, but I have exhausted all of my savings and can't pay it anymore. I have had no income since I lost my job in 2010. Do you think writing Chase a hardship letter is ok or is calling them better? I have not had any contact with them thus far. My goal is to settle the debt with them. I am in California. Thanks again for all of the help. This is the first time I have ever had a debt and it's all really scary.

[@MichaelBovee]

Of all the banks out there that you could send that type of letter to, Chase is the only one that you stand a chance of reaching your goal with. I would both call and write. Please let me know how it goes. If it comes to it, and you do need/want to settle the debt, some hardship situations can result in dramatic savings when you do the negotiating with the third party agency Chase sends the account to (so something to embrace, not avoid). And I do mean great deals... on the order of 20% or so when the situation is right.

[@breirepp8826]

Know any experience ones in ohio?

[@MichaelBovee]

Use the drop down menus here to find several: www.consumeradvocates.org/find-an-attorney