Threat of judgment by Auto Lender

Phone threat of judgment from former Auto Lender
Hello,

I just graduated from college, and now I live back home in Denver, Colorado. While I was in college in the Fall of 2007, I was approved for a new car, and had a job at my university in Oklahoma. However, when I graduated and came back home to Denver from out of state, it took me 16 months to find a job. In March of 2008 my car was repossessed, and I gave the Auto Loan lender my new address and information in Denver. The Auto Loan lender never sent me any type of correspondence, and as of March 2009 I finally received a call from them that if I didn't come up with at least a $1000.00 that they would seek a judgment against me. I just got my first job out of college two weeks ago and I'm only making $16,800 this year. Was that phone threat just a scare tactic or not? And if they do try to put a judgment against me, is there anyway I can prolong the process until I can get a bankruptcy? I tried to get a bankruptcy, but I paid my school off this year a small amount, and according to the bankruptcy law I have to wait 90 days from the date of paying off my school to file for a bankruptcy, because I gave a preference to another creditor. So is there any way to tie up the judgment in litigation until I can get a bankruptcy? I just don't want to settle for wage garnishment or my tax returns being taken? I'm just starting to get on my feet and paying my student loans. If you could give me any information I would greatly appreciate it. Thanks!

Answer:

Your problem is that you are thinking in the same old ways that most folks have been trained to think. Run to the bankruptcy courts to avoid a judgment. Bankruptcy never was a good option, a terrible option in fact, but historically people have had no other options. Things have changed drastically now and people are fighting back instead of running to the bankruptcy courts and they are winning. Today those who fight back are winning and those who give up or run to the bankruptcy courts are losing. We are a company that can keep creditors from being successful with their old tricks of garnishing wages, taking vehicles and real estate and even going to homes and taking their possessions to sell to satisfy the debt. That can all be stopped now and judgment, garnishment or not they can take nothing at all. Today, people are learning how to make them pay you to go away and leave them alone. In other words, people are making their creditors and debt collectors and their lawyers do the paying instead of the other way around. There are more than 500 federal cases filed against debt collectors and attorneys every month and the average settlement is about $3800. People are learning how to win and keep the debt collectors from ever collecting a dime no matter what they do. We protect their wages and all other assets. You can win against this lender. And why should you pay for something you will never own or get any benefit from? They got the car and the payments you made. That should be good enough for them and if it isn't, tough.
And that is the attitude you need to adopt. So what are you going to do? Knuckle under and let them take you for a ride or learn how to fight back? It is up to you. Just tell me what you want to do and we will go from there. Want to learn how to protect your wages and other assets? Call us at (302) 360-8448 and lets get started on the road to total protection instead of bankruptcy.

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You are absolutely right. I refuse to knuckle under and let them take me for a ride. I will not take the coward’s way out via bankruptcy. I want to fight back! What should I do?

Answer:

Since you have not been sued yet I'd say your first step is to get protection against garnishment in place. Of course,judgments and garnishments are the last thing any of us want but when it is obvious that it is going to happen sooner or later then we should get some protection in place. Protection against garnishment works something like the way anti-snake bite medicine works. The vaccine is made from a killed version the snake venom itself. Flu vaccine is made that way too. Doctors make you sick first in order to cure the sickness. Sounds crazy but it works great. That's about the way garnishment protection works. Get it ready to go because you will soon be needing it. They will sue you for the deficiency balance, they will win in local court and they will get a garnishment. Next you need to worry about how to get rid of that garnishment and judgment. That can best be done by learning all you can about FDCPA and FCRA, how they violate those laws almost without fail and how to sue them in federal court for those violations. Since we know that there are over 500 federal lawsuits against debt collectors every month and also that the average settlement is about $3800 you will most likely need to sue them more than once to come out on top. Learn how do that once then doing it again is a piece of cake. Make them pay you to go away and leave them alone and your problems are solved. So to get the garnishment protection in place call (302) 360-8448 and you can email me at ceo@creditwrench.com and I can get you started learning how to make them pay you to go away and leave them alone.

Creditwrench

Valued Member

Posts: 13

Re: How could this happen? « Reply #8 on: Today at 11:45:59 AM »

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Quote from: TX Debt Atty on Today at 09:33:49 AM

You were a part of the conversation I spoke of in my last thread. In fact, you were about the only one who had anything useful in the way of replies to the original poster's plea for help. I never actually go to that web site nor ever get on that forum but I monitor it very closely without ever having to actually visit the site. I thought the original poster had two very interesting concepts even though he got shot down like a clay pigeon. He apparently went to the site and asked for help collecting a debt from a deadbeat doctor whom he thought was hiding behind several Delaware Corporations. That's an interesting concept indeed. For the purposes of conversation what would be the outcome if someone actually set up an anonymous Delaware Corporation then with the cooperation of it's customers sued them for some huge amount of money, say upwards of $50,000 for some intangible service they ostensibly contracted for but never paid. The client agrees to a stipulated judgment and the corporation garnishes all wages for the next few years, puts liens on his car(s), boat(s), airplane(s) and real estate. Then when the money starts rolling in from the garnishments the Delaware corporation deducts the expenses and remits the remainder (about 70 to 80 percent) back to the client using postal money orders. Seems to me that could be done with no real problem but how to do it is not the question I pose to you. The question I now pose is the same as the poster had on that other forum where you were so helpful. How could collection agencies or their attorneys prove the sham and how could they pierce the corporate veil and go after the debtor and his assets? Seems to me that would prove extremely difficult to do and could potentially lead to some serious legal consequences for those who tried it.

The concept of piercing the corporate veil usually refers to situations where it is already known that the debtor has his own corporation, has assets and is hiding them from creditors using his own corporation as a shield but that would not be true in the theoretical situation I just outlined. The debtor would not own the corporation and would not be a stockholder or have any financial interest in the corporation.

I'm quite certain that if such a sham operation as that were to be set up and put into operation they would have people willing to testify that the debtor owned no part of the corporation and is not an employee of any kind either. How would you proceed to collect if you ran into such a situation?

Then the poster's question about whether garnishment of a pensioner's pay check would be grounds for an FDCPA lawsuit. Most pensions cannot legally be garnished but I've never seen any law stating that which had any teeth in it. However, FDCPA states that it is illegal to take or threaten to take any action which they had no intention to take or which is illegal for them to take. Seems to me that ought to cover it and easily become the basis for a FDCPA case if garnishment of a pensioner's bank account is accomplished.

Yes, I understand that nobody can garnish the source of the pension but the argument that once the funds hit the pensioner's bank it is then fair game and can be garnished with impunity. Would you please give us your take on that?

How to sue yourself in court

How to sue yourself

Question: Can I be sued twice from the same credit collection agency? I was served in 7/2008 and I didn't appear in court. So I was going to let it be a judgement that I would settle later and so now I been served again from the same company to appear in court in 7/2009. What should I do?


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Answer:


I know this doesn't answer your question but I have to know the reason they are back in court again in order to give you the right answer. Is it for a new case or is it for an assets hearing?

On the other hand, you need to do something now to protect your wages or any other assets you may have from garnishment or seizure. In order to do that you must learn how to sue yourself and win.

Yes, I know as well as anybody else that you can't really sue yourself. Stanley A. Jones, Plaintiff vs. Stanley A. Jones Defendant simply isn't possible even though it has been tried a few times. Even so, it is entirely possible to get that same thing done by having a corporation do it for you.

I have a Delaware Corporation that can file a lawsuit against you, garnish your wages, put liens against any of your property such as cars, boats, your home and any other assets you may have. I work with people who have your kind of problems to help them protect their assets.

You could actually form your own corporation to do the same thing but your creditors could easily prove that you actually own the corporation and pierce your corporate veil. All they would have to do is name your corporation in a lawsuit against you or summons your corporation to testify and you would be the only person who could respond for the corporation and your expensive protection would melt like butter but if they try that with a corporation you do not own or have no stock or controlling interest in they would find themselves with a very expensive lawsuit on their hands they could not defend against.

So while you can't actually file a lawsuit against yourself you can get the same thing done using our Delaware Corporation. You just have to hurry so we can get our lawsuit in place before your creditors get their lawsuit in place.

Even if you procrastinate and don't get your wages protected we can still help you by putting liens against cars or any other assets you may have to keep them from getting seized. You might give us a call at (302) 200-3102 and ask for Max Hemmingway. You have nothing to lose and everything to gain.