Re: Threat & Should I Bankrupt or await judgement?

Posted by A Bill Collector on February 06, 2002 at 00:20:45:

In Reply to: Re: Threat & Should I Bankrupt or await judgement? posted by Cindy on February 05, 2002 at 21:56:58:

The burden of proof though, would lie in proving that you actually used the moneys for living expenses. As I assume that you took cash advances, this would be hard to prove. It could have been rent; I might have been a new stereo from a store that didn’t accept that type of card…. Still they have a chance to prove you did, but even if they go that route, the only thing they can hope to accomplish a judgment.

As far a bankruptcy, that option is really more to avoid the aggregation of the collectors, but also would dismiss the debt. You can send a cease communications to the creditor/agency, however that is going to make them more likely to sue.

Me personally, I would tell the collectors to get lost. Providing that I have nothing to loose if a judgment is obtained.

Just remember, the real reason for a judgment is they figure that sooner or later you will have some money, will want to buy a home, or have some other motive to settle the debt. So there is actually very few people I would consider “judgment proof”.

I have obtained settlements on previous tenants for sums as low as $500.00, just because I figure over the next 20 years (Florida’s SOL) they will pay. Of course this is also different, as I had to pay the same fees even if I didn’t ask for the judgment.

Also, the collector is treading on thin ice with the “fraud” accusations; I would not hesitate to file a complaint against him and or the collection agency if they were accusing me of fraud.

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