Re: C & W Asset practices

Posted by CAK (66.140.213.138) on November 21, 2003 at 23:46:03:

In Reply to: C & W Asset practices posted by Susan on November 18, 2003 at 21:14:10:

They won't be able to legally attach or lien your home, that is provided your home is titled in both your names. i.e., husband and wife
The discovery process is for the purpose of probing you for answers to questions regarding assets that could be converted into cash for a quick pay out for the attorney's and to satisfy this judgment. Certain personal property items are exempt up to a certain dollar amount. Read Missouri Statute's 513.430 & 513.440, so you will know what is and isn't exempt and what the dollar limitations are for your exemptions. As long as you don't have anything in just your name, you should be safe. You need to ask in the discovery process if what they said about a lien on your home is true, or was this just a illegal threat or a threat to intimidate me into submission to induce payment. As they are all under oath they should answer truthfully. At this time, don't say another word until you get a response from someone. It would be interesting to watch them squirm when you ask that question. Play your audio tapes at this time.

Tell them after playing the tape that as you have recorded proof of the threat, you would be happy to settle with them for a zero balance and the Judgment vacated. Tell them additionally that, I'm sure a Judge would be very interested in your recorded threats of harm to my real property.

Additionaly tell them that you have just violated Sec. 808 & Sec. 807 (10) of FDCPA by verbally threatening me. As such, I will expect a copy of the vacated judgment sent to me within 10 days. Thank them for their time and close the meeting. Get up and leave.

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