Legal Question in Credit and Debt Law in California

I have been paying discovery card so much a month for the last 12 months. The payment was with no interest. Now I have gotten a call that this agreement will end, and they want the money owed. I and my wife are senior citizens on a fixed income. After all our bills are paid for the month, including the house payment, we have $98.00 to live on for a whole month, which buys our food, gas for our car, and that is about it. I received a call and they want us to pay this debt off, and to see if we could come up with the amount after a 20% taken off the balance. I can not come up with 3200 hundred dollars or more. I was told by the collector to keep on paying something like I have for the last year, yet he said that that his company probably will not let us keep on paying this amount. I am looking for some kind of work, yet in my county their is a 20% unemployment. I know that they could put a lien on are home, how can I legally stop this before it happens.


Asked on 3/25/10, 9:01 am

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Quite honestly, you are what the credit industry deems as judgment proof - a quick credit check and they know that - when I say udgment proof it does not mean they could not get a udgment - it is just unlikely they would given your income and living expenses - there would be nothing for the to collect from you on a monthly basis as it would all likely be exempt. They are only harassing you because you keep paying them and cooperating - as long as you pay even one cent the statute of limitations keeps extending as they have four years from the date of your last payment to sue you. If the debt is already at a collection company or you are late the damage is already done to your credit. Do not play this game - my advice is to stop paying alltogether now - not another penny - do not answer their phonecalls and if they become pests send them a certified return receipt letter to NOT contact you any further by telephone. IF they actually file a suit agaisnt you, which is unlikely given your circumstances, they could file a lien on your home which would only be payable once the home is sold. Do NOT give them any personal information such as checking accounts, names of relatives etc... the ONLY thin I would say is that you are living under the poverty level and have no money to pay this and no assets and that is IT - NOTHING ELSE. DO not of all things let these leaches scare or intimidate you - the chances of them filing suit is about 10% if that - and at that point you may have other liens that are a priority over theirs and a homestead expemption. Do make sure you file a homestead exemption with the county recorder now before any judgement could be obtained - that will protect a large amount of equity and they are likely to get nothing. Wait out the 4 years from the date of last payment and keep that record so you can show when the last payment was made and see what happens - my money is onnothing but letters and phonecalls.

Very good wishes to you and you can contact me through the california state bar website by entering my name and obtaining my email address if you have any further questions.

Regards,

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Answered on 3/30/10, 10:51 am


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