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desertlady · Jan 15, 2009, 01:25 PM

I had to quit my job to take care of my toddler child as no quality daycare is available where I live. I owe Bank of America $4,000+. They called and said the account is going to be written off next week and there is a possibility of them suing me. Do you think they will really sue me, knowing that I don't have an income? I don't own my home and my car is not yet paid for. Will/ can they try to garnish my husband's income- his name is not on my credit card account. Also, one related factor is that I live in a very rural area, and they would have to send a lawyer way out here- on the edge of an indian reservation, about 4-5 hours from any medium-sized town. I had sent a letter to BofA telling them not to call me via telephone as I don't have a land line. They obliged, but this call today was from a lady from a "neutral organization" (a collection company, maybe?) named C.I. & Assoc. in Buffalo NY. The last payment I made was in September 2008.
1. Do you think they will sue?
2. Can they garnish future income? (That's what the lady said- up to 25 yrs. In the future)
3. Can they garnish my husband's income?
4. Should I take my name off our joint checking account?

JudyKayTee · Jan 15, 2009, 01:30 PM

Originally Posted by desertlady

I had to quit my job to take care of my toddler child as no quality daycare is available where I live. I owe Bank of America $4,000+. They called and said the account is going to be written off next week and there is a possibility of them suing me. Do you think they will really sue me, knowing that I don't have an income? I don't own my home and my car is not yet paid for. Will/ can they try to garnish my husband's income- his name is not on my credit card account. Also, one related factor is that I live in a very rural area, and they would have to send a lawyer way out here- on the edge of an indian reservation, about 4-5 hours from any medium-sized town. I had sent a letter to BofA telling them not to call me via telephone as I don't have a land line. They obliged, but this call today was from a lady from a "neutral organization" (a collection company, maybe?) named C.I. & Assoc. in Buffalo NY. The last payment I made was in September 2008.
1. Do you think they will sue?
2. Can they garnish future income? (That's what the lady said- up to 25 yrs. in the future)
3. Can they garnish my husband's income?
4. Should I take my name off of our joint checking account?

They have nothing to lose if they sue you and everything to gain. If they get a Judgment it will be enforceable for a lengthy period. Yes, they can file against your income. They cannot touch your husband's income or assets if he is not responsible for the debt. They CAN lien against anything in your name or anything in joint names.

If they get a Judgment, yes, they can move against the checking account.

I would not count on them NOT sending a process server to your residence. I own/operate a process service company and have "employees" in rural areas who may only serve papers once or twice a year - but they are there when needed.

CreditTard · Feb 16, 2009, 09:20 PM

If I know anything about credit/debt collectors they will try anything to get you to payback at least some of your debt. Unfortunately for you they have little compassion.

Cristiansmomma · Feb 16, 2009, 09:32 PM

I had an issue w Bank of America in the past.I apparently won a sweepsstakes,and recieved$7,534 check in the mail. There was a 3 day process on all checks.. and Bank Of America are such idiots. Why not check the checks before accepting it?. It turned out it was fraud,like a month later. I had to pay back whatever money I had used!!

I don't think they will sue you. They will most likely send it over to a lawyer to try to collect the moneys.

ifeelbadforthis · Mar 2, 2009, 12:01 PM

Well yeah they can a will sue you. I actually in the same situation and I have a pretrial in two weeks. Iam also unemployed and stay home w/ my kids I homeschool one of them. The onlyincome we have is my husbands and we are I believebelow poverty line line. THe year I stopped paying my card we were on food stamps because my husband was on unemployment pay for about 4 months. So it was either feed my kids or pay this people. I am so scared because if m husbands wages get taken we will be in deep trouble.

JudyKayTee · Mar 2, 2009, 12:06 PM

Originally Posted by ifeelbadforthis

Well yeah they can a will sue you. I actually in the same situation and I have a pretrial in two weeks. Iam also unemployed and stay home w/ my kids I homeschool one of them. the onlyincome we have is my husbands and we are i believebelow poverty line line. THe year i stopped paying my card we were on food stamps b/c my husband was on unemployment pay for about 4 months. so it was either feed my kids or pay this people. I am so scared because if m husbands wages get taken we will be in deep trouble.

If the card is only in your name and a Judgment is obtained against you the creditor cannot move against your husband's assets, including his wages, to satisfy the Judgment.

ifeelbadforthis · Mar 2, 2009, 12:28 PM

Should I remove my name from the checking acct?

JudyKayTee · Mar 2, 2009, 12:41 PM

Originally Posted by ifeelbadforthis

Should I remove my name from the checking acct?

Absolutely - or close it and open a new account. Anything in joint names can be tapped.

DrJ · Mar 2, 2009, 01:14 PM

Judy... correct me if I am wrong, but can't they go after your spouses income if you live in a community property state:

* Arizona
* California
* Idaho
* Louisiana
* Nevada
* New Mexico
* Texas
* Washington
* Wisconsin

JudyKayTee · Mar 2, 2009, 06:03 PM

Originally Posted by DrJizzle

Judy... correct me if i am wrong, but can't they go after your spouses income if you live in a community property state:

* Arizona
* California
* Idaho
* Louisiana
* Nevada
* New Mexico
* Texas
* Washington
* Wisconsin

To a certain extent it depends on what the debt is for - and I'm very unfamiliar with community property States. OP indicated that the collection agency is in NY. NY is not a community property State which leads me to believe OP is not in a community property State. This may be known as Adding Apples and Oranges, however,

You do make a very valid point, however.

Of course, what can be liened/seized also varies greatly by State.

You've opened a great topic and I'm going to do some research and see if I can come up with a list of the "rules."

DrJ · Mar 2, 2009, 06:14 PM

Out-of-state collection companies/attorneys offices are actual highly likely as a first collection step. We don't usually see any in-state collections until the company is serious about moving forward with a lawsuit.

THAT and I don't think there is anywhere in NY that you can be and still be 4-5 hours away from any medium sized towns...

So I would think its quite possible the OP is not in NY...

(Columbo's got nothing on me heheh)

JudyKayTee · Mar 2, 2009, 06:39 PM

Originally Posted by DrJizzle

Out-of-state collection companies/attorneys offices are actual highly likely as a first collection step. We don't usually see any in-state collections until the company is serious about moving forward with a lawsuit.

THAT and I dont think there is anywhere in NY that you can be and still be 4-5 hours away from any medium sized towns...

So I would think its quite possible the OP is not in NY...

(Columbo's got nothin on me heheh)

You NoCal people think of all NY is NY City. It's not - :D

Four or five hours might be a stretch but there are lots of farms here.

Interesting to see how this unwinds, unfolds. I have no idea what the name of the collection firm actually is or I'd see the who/what/why.

If I need someone to work in California, I'll call you - go buy a baseball cap, sneakers and a trench coat and stand near the phone.

Fr_Chuck · Mar 2, 2009, 06:42 PM

Well the issue is they have the entire SOL to actually sue, and for 4 K, yes most likely they will and just wait, once they sue they have 10 to 20 years to wait for you to go to work, while this debt is getting larger from interest that is court ordered plus legal fees. So in 10 years when you owe 10,000 and start a job they will be happy to garnish then.

Jaknik · Aug 23, 2010, 07:26 PM

They have nothing to lose if they sue you and everything to gain. (posted by JudyKayTee)
-------------------------
Which is NOT true. Always in the mix for the creditors suing is whether it worth suing for, whether it's collectible, either now or in the future. They make this kind of business determination all of the time. They certainly do not want good money chasing bad money.

The general strategy is to roll the dice and hope the debtor is a no-show. If that happens, it lessens their losses in case they are unable to collect on any assetts or garnishments--which happens. One of the best deterrents is to, when communicating with the creditor, is to tell them up front concerning a 'judgment proof' status. If true, and once they investigate, the odds of being sued becomes more remote. Again, it's a business. Suing the indigent or the judgment proof would make little sense.

JudyKayTee · Aug 24, 2010, 06:40 AM

Originally Posted by Jaknik

They have nothing to lose if they sue you and everything to gain. (posted by JudyKayTee)
-------------------------
Which is NOT true. Always in the mix for the creditors suing is whether or not it worth suing for, whether or not it's collectible, either now or in the future. They make this kind of business determination all of the time. They certainly do not want good money chasing bad money.

The general strategy is to roll the dice and hope the debtor is a no-show. If that happens, it lessens their losses in case they are unable to collect on any assetts or garnishments--which happens. One of the best deterrents is to, when communicating with the creditor, is to tell them up front concerning a 'judgment proof' status. If true, and once they investigate, the odds of being sued becomes more remote. Again, it's a business. Suing the indigent or the judgment proof would make little sense.

I don't know if you are in the legal field, where you live, where this is the case but it is NOT the case where I live.

The hope of the creditor is that eventually the debtor will find employment, the debtor will locate an asset, the Judgment will somehow get paid. The Judgment is good for 20 years and things can change.

I see the indigent and Judgment proof in Court all the time. Again, I don't know how often you are in the Courtroom.

Collection agencies and large companies have Attorneys ON RETAINER. They aren't paying an hourly rate. The Attorneys don't spend money determining who is and who is not "indigent and Judgment proof." They sue, obtain the Judgment, and hand it off to someone who collects on their behalf.

Again - in my area, based on my ongoing experience.

I find it interesting that you opened an account and addressed this one old question, then disappeared.