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-   -   Judgement proof (https://www.askmehelpdesk.com/showthread.php?t=760738)

  • Jul 31, 2013, 08:53 AM
    Paulmo
    Judgement proof
    I only have social security as income do not own a home it's in my wife's name her dad gave it to her. My credit is ruined I received a check in the mail from tower loan I did not ask for it my question is what does it matter if I cash I am judgement proof right. I live in the state of Missouri
  • Jul 31, 2013, 09:07 AM
    Fr_Chuck
    You never receive a check you did not ask for.

    My concern here is fraud, if you accept a loan, with no intention or ability to pay them back, they can perhaps file criminal charges for fraud or theft.

    So of course you do not accept a loan that you can not pay back.

    Also no checks come without asking, so either first this is a scam of some type, and the check will be bad, ( do you have to send them a fee for this money) do they want you to send some money to them, after you cash it?? )

    But no good can come from this.
    Please explain how you got the check

    **** also, to answer your question, no one is "judgement proof" they may always sue you and get a judgement. It is collection that may be an issue. They may freeze a bank account, and make you prove that it is only social security money going into it.
  • Jul 31, 2013, 09:17 AM
    N0help4u
    Those checks are scams.. legit bit they cost you in the end. I use to get them all the time. Lure táctics!
  • Jul 31, 2013, 09:24 AM
    Paulmo
    Quote:

    Originally Posted by Fr_Chuck View Post
    you never receive a check you did not ask for.

    my concern here is fraud, if you accept a loan, with no intention or ability to pay them back, they can perhaps file criminal charges for fraud or theft.

    So of course you do not accept a loan that you can not pay back.

    Also no checks come without asking, so either first this is a scam of some type, and the check will be bad, ( do you have to send them a fee for this money) do they want you to send some money to them, after you cash it ????)

    but no good can come from this.
    please explain how you got the check

    **** also, to answer your question, no one is "judgement proof" they may always sue you and get a judgement. it is collection that may be an issue. they may freeze a bank account, and make you prove that it is only social security money going into it.

    They are the ones who sent the check I did not ask for it so there loss
  • Jul 31, 2013, 09:39 AM
    Fr_Chuck
    A very simple web search, shows pages and pages of complaints on them.

    Some of the terms used on we searches, was that they harass, one post even said they came to their home in person, to collect money. Calls all day for collection. One post mentioned that the police were called and criminal charges were attempted for non payment.

    They also appear to send out a "check" that is not really a check but more of a money draft, that is not good till accepted by the sender as valid, works similar to check but can be cancelled by loan company. You will be expected to go in and fill out paper work, or by signing check you accept the terms to the loan, Either way will bind you to a very strict loan. Where interest rates are very high. Almost loan sharks were used by many in the posts about this company.

    Services | Tower Loan

    Ripoff Report | tower-loan directory of Complaints & Reviews
  • Jul 31, 2013, 09:50 AM
    N0help4u
    Go to 1 800 notes and Type in their phone number. Actually you are wrong because cashing any check IS YOU AGREEING TO THEIR TERMS-- binding contract
  • Jul 31, 2013, 09:57 AM
    Paulmo
    Quote:

    Originally Posted by N0help4u View Post
    Go to 1 800 notes and Type in their phone number. Actually you are wrong because cashing any check IS YOU AGREEING TO THEIR TERMS-- binding contract

    might be binding but my credit is ruined and they cannot get anything if you have nothing. The police cannot make you pay if that were true all credit card companies would use them. I say screw them. I am 65 and on soc disability. I have read all the complaints about them. If they come to my home I am the one who can call the police
  • Jul 31, 2013, 10:00 AM
    joypulv
    There is no such thing as judgment proof; the question is collecting. Social security can be attached to some extent for some reasons (not this one). Joint accounts can be attached, so you would have to separate all your money. Laws have changed that protect you more and more, but try this scheme; it won't be worth it. Not in my book anyway.
    Can a creditor garnish my Social Security benefits to pay a debt? - Consumer Financial Protection Bureau
  • Jul 31, 2013, 10:05 AM
    Paulmo
    Quote:

    Originally Posted by joypulv View Post
    There is no such thing as judgment proof; the question is collecting. Social security can be attached to some extent for some reasons (not this one). Joint accounts can be attached, so you would have to separate all your money. Laws have changed that protect you more and more, but go ahead and try this scheme; it won't be worth it. Not in my book anyway.
    Can a creditor garnish my Social Security benefits to pay a debt? - Consumer Financial Protection Bureau

    soc sec cannot be garnished at all except for child support taxes student loans. So again I say screw them
  • Jul 31, 2013, 10:05 AM
    odinn7
    So your intention is to use the check even though you never intend to pay it back... and you reason it out and justify it that it's OK because the company itself is a little under-handed. Nice... what a great world we live in.

    It's OK if I steal from them because they have complaints against them.


    What a way to look at things.
    As Fr_Chuck already stated, it may be possible for them to come after you for fraud... and if you use the check, I hope they do.
  • Jul 31, 2013, 10:13 AM
    joypulv
    Quote:

    Originally Posted by Paulmo View Post
    soc sec cannot be garnished at all except for child support taxes student loans. So again I say screw them

    JOINT BANK ACCOUNTS can be.
    We all have to have direct deposit now. If you want to keep nothing of your wife's in your account, and nothing except your SS deposit, then go ahead, stick it to them, and accept the consequences. What if your wife dies and you inherit her home and have to sell it? They lie in wait...
  • Jul 31, 2013, 10:27 AM
    Paulmo
    Quote:

    Originally Posted by joypulv View Post
    JOINT BANK ACCOUNTS can be.
    We all have to have direct deposit now. If you want to keep nothing of your wife's in your account, and nothing except your SS deposit, then go ahead, stick it to em, and accept the consequences. What if your wife dies and you inherit her home and have to sell it? They lie in wait...

    her son will inherit the home
  • Jul 31, 2013, 12:52 PM
    joypulv
    Looks like you have thought of everything... just don't win the lottery.
    When they get a judgment, legal fees will triple it, and then years of interest, and there goes your winnings, or at least a heck of a lot more than you cashed in on.
    Jus' sayin'.
    The Devil is trickier than we are. Or for those who don't believe in the Devil, 'the devil is in the details.' You might outsmart them, you might not.
  • Jul 31, 2013, 01:23 PM
    N0help4u
    I know a few people that live off the system like this. Have everything in everyone else's name. Lottery would go in wife's name too. Just be prepared for them calling constantly and your credit going triple worse. Oh and be prepared to go to court when they do get around to taking you.
  • Jul 31, 2013, 01:28 PM
    ScottGem
    Quote:

    Originally Posted by Paulmo View Post
    soc sec cannot be garnished at all except for child support taxes student loans. So again I say screw them

    Do you understand the concept of theft? Do you want to land in jail?
  • Jul 31, 2013, 03:57 PM
    Paulmo
    Quote:

    Originally Posted by ScottGem View Post
    Do you understand the concept of theft? Do you want to land in jail?

    it will never happen
  • Jul 31, 2013, 04:02 PM
    ScottGem
    Want to bet? You sir are a thief. You are looking to steal money that doesn't belong to you. It doesn't matter who the victim is or what your situation is.

    Maybe you don't spend much time in jail, but it a very strong probability that you will be charged with fraud and spend some time in jail.

    Even if you don't, even if you get away with it. I hope you can look yourself in the mirror.
  • Jul 31, 2013, 04:25 PM
    joypulv
    Let's go back to the beginning:
    'my question is what does it matter if I cash I am judgement proof right.'
    You are not judgment proof; no one is.
    So it matters IF you ever hit the wrong circumstances.
    I can think of other scenarios besides winning the lottery that will have you wailing with regret, but guess what?
    The reason you asked was for validation that you are right, and only that, so it doesn't matter what I or anyone says.
  • Jul 31, 2013, 04:28 PM
    Paulmo
    Quote:

    Originally Posted by joypulv View Post
    Let's go back to the beginning:
    'my question is what does it matter if I cash I am judgement proof right.'
    You are not judgment proof; no one is.
    So it matters IF you ever hit the wrong no one is ju circumstances.
    I can think of other scenarios besides winning the lottery that will have you wailing with regret, but guess what?
    The reason you asked was for validation that you are right, and only that, so it doesn't matter what I or anyone says.

    no one is judgement proof but I am collection proof
  • Jul 31, 2013, 04:30 PM
    joypulv
    So you say.. for now. Have fun.

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