[Creditprobs]

I am having difficulties paying credit cards after my husband was hurt in Iraq, and was eventually medically retired from the Military. I had a phone call today from Chase, and she said she will place a judement on my car because I refused to "give up anything", and when I asked her what she wanted from me, she replied with a very rude "I want you to pay your @***** bills, like all americans". I am having a hard time dealing with these people, and am pretty sure what she said to me was illegal. What should I do, and can she really put a judement on my car? Right now we can only afford the car note, insurance, and all my husbands medical bills. I have three children also, and had to move back in with my parents at 38 years old. How bad is it really going to get?

[N0help4u]

They will say whatever they can to intimidate you into sending them something.
They can not put a judgment against you without going to court first. Then they would start with garnishing your wages, not taking your car (unless the debt is over the car)

If you have an 800# look them up on here

http://800notes.com/

[ScottGem]

First a collector can't "put a judgment" on anything. They MAY be able to file suit to collect the debt and be awarded a judgment by the courts. Once the court awards a judgment the plaintiff will have some avenues to collect on the judgment. What they are will depend on your location and situation.

I do have to ask, though, if your husband received a medical discharge, shouldn't his medical expenses all be paid through the VA?

[DrJ]

Welcome to the wonderful world of collection agencies.

Yes, most likely what that woman said to you could be considered harassment; however (unfortunately) you most likely weren't recording that phone call so there is no way to ever prove it.

First of all, she cannot place a judgment on you, your car, or anything. She is not a judge. Second, what she is trying to scare you into thinking isn't actually possible.

Let me explain what judgment really is...

If you default on a promise to pay (like a credit card), the
Creditor can try to sue for the amount owed. They must set up a hearing in court between you, them, and the judge. (Depending on what state you are in) you will be served a summons for this hearing. If you do not attend the hearing, the creditor may be granted a default judgment. If you do attend, you might be able to buy some time but the judgment will likely be awarded anyway, since you really do owe the money.

So a judgment has been awarded. The creditor now has some options. Here are the only three options that the creditor can do and each of them still have to be approved by the judge.

1) Garnish your wages. This is the most likely thing to happen as it is the fastest path to cash for the creditor. They can try to garnish up to 25% of your gross income (in most states). However, some types of income are not garnishable. You did not say what you do but for example, they would not be able to garnish your husbands retirement... or SSI.. of disability... basically any kind of fixed income. Even if you were self-employed can keep them from garnishing your income.

2) Put a lien on your property. This is the closest thing that the nice lady from Chase could be referring to. It basically means that they hold a note against your property (usually a home but a car is possible, too). However, they cannot force you to sell it or force you to do anything. All it means is that if and when you DO sell the property, after you pay all the notes before the lien (1st mortgage, 2nd mortgage, auto loan, etc) and after you pay whatever taxes may be due upon selling, you will have to pay the creditor the amount owed for the lien (assuming there is enough left over)... and finally, if there is still $ left over, the rest would then go to you.

3) Levy a bank account. They could also attempt to freeze any money you may be holding in a bank account. If this happens, they may be awarded the whatever amount is in the account (up to the amount of the judgment).


So in light of all that, take care of you and your family first. You have a husband that needs caring for and three children.. and they need their mom. If you can manage that and still make payments toward the Chase account, go for it. Maybe they will work out a deal with you. But you need to be speaking to someone a bit more civil than "@***** bills" girl. Don't waste your time, energy, or emotion on people like her. They are all bark and no bite and they pray on people like you that don't quite know "the game".

I don't know how much debt you are talking about here but you could try to find help if it is too much. There are a lot of reputable companies out there that can help you get a handle on these things. But be careful though because there are a lot more companies that just want to take your money.

[ScottGem]

I have to clarify DrJ's point 2. There are circumstances where a creditor can seize real property in payment of a debt. Its rare, but its possible. If you owned the car free and clear and it had a value that could pay off or significantly reduce the debt, it could be seized.

But there are ways you can exempt the car from such a seizure. Again, it depends on the state you are in.

[DrJ]

Hmmmm... what would those circumstances be?

I know that if the debtor were to file BK, the property could then be seized, sold, and used to pay toward the debt included in the BK.

But if they just have a judgment for credit card debt, I don't know of any circumstances that would allow anyone to force the debtor to give up, sell, trade, etc. any property unwillingly.

It is, after all, unsecured debt.