Pennsylvania Firearm Owners Association
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  1. #1
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    Default Legal questions from a friend.

    Alright my friend asked me if I knew anything about this stuff and I don't, so I thought I would ask here and maybe someone has experience on it or something and get an answer for him.

    My friend had a past due balance for Capital One, and left it go. Was making payments on it, lost his job with the economy and all his income goes to his essential things like car, insurance, electric, phone ect, and is barely making it through while trying to find another job. A lawyer in philly sent him a notice of a judgment, he called them and said he has no job and no money set aside to pay it, now today he got another letter dated 1/23/09 and today is 02/7/09 saying that if he doesn't pay it off in ten days they will sheriff sale his stuff(even though from when they sent it and he got it, its way over ten days). What happens from here? If he would sign everything over to his significant other or another family member and get it notarized can they still sell it once he would say "I own nothing?" Their car is in two names so that's not a worry for them, and only he is the one on the notices from the lawyer. If he would over any amount to make payments on it, would they have to accept it?


    Are there any free attorneys that I can point him in the direction of?
    Last edited by The Unknown 1087; February 7th, 2009 at 12:07 PM. Reason: Typos.

  2. #2
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    Default Re: Legal questions from a friend.

    What the hell ever happened to being accountable? Maybe he could sell his car and buy a cheaper one to pay off his debt? Scamming to avoid losing items is bullshit in my opinion. What the hell is the matter with people?
    Jules

  3. #3
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    Default Re: Legal questions from a friend.

    Quote Originally Posted by ar15jules View Post
    What the hell ever happened to being accountable? Maybe he could sell his car and buy a cheaper one to pay off his debt? Scamming to avoid losing items is bullshit in my opinion. What the hell is the matter with people?
    Jules
    I have an opinion to it too, but i'd figured i'd ask around for him.

  4. #4
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    Default Re: Legal questions from a friend.

    That is some crock...

    It is illegal in PA to have your wages garnished as a result of any debt save taxes and child support. They simply cannot do that.

    They can put a lean on your home, auto, personal water craft, motorbike, camper, or any other items owned and registered in pa but they cannot auction or sell anything you own.

  5. #5
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    Default Re: Legal questions from a friend.

    Quote Originally Posted by ar15jules View Post
    What the hell ever happened to being accountable? Maybe he could sell his car and buy a cheaper one to pay off his debt? Scamming to avoid losing items is bullshit in my opinion. What the hell is the matter with people?
    Jules

    Exactly. Does he have a cell phone, cable TV, smoke? Liquidate everything nonessential and pay it off.
    I don`t know the legality but I have seen the sheriff taking inventory at an individuals house for unpaid debts.

  6. #6
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    Default Re: Legal questions from a friend.

    Quote Originally Posted by Exbiker View Post
    Exactly. Does he have a cell phone, cable TV, smoke? Liquidate everything nonessential and pay it off.
    I don`t know the legality but I have seen the sheriff taking inventory at an individuals house for unpaid debts.
    I know they have a cell phone instead of a home phone. I don't think they have cable, their car is owned.

    I didn't think that they can come out and sell your stuff either, but I wasn't going to tell him they cant and they come out and do it.

    I don't even think you would have to let them in, correct?

  7. #7
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    Default Re: Legal questions from a friend.

    Isn't card debt an unsecured loan? Meaning no collateral was offered up. It's why the interest is inherently larger because the lender is taking a higher risk.

    Now, if a judgement is made, IANAL so I do not even know if they can put a lien on your items.

    When you buy a car or home, the lender is part owner. They will repossess it if they have to. They normally would prefer not to.

    And I believe you have certain rights against collectors in regards to harassment et al.
    It is you. You have all the weapons that you need. Now fight. --Sucker Punch

  8. #8
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    Default Re: Legal questions from a friend.

    The Sheriff's office can and will come out and place a lien on your personal property, save clothes, bibles, and work related items. Then the Sheriff's office can hold an auction of these items, selling them to the highest bidder, in an effort to recoup the loses that the credit card company has. If, after the Sheriff's office comes out, you sell or otherwise remove those items that he has placed a lien on, you can then be criminally charged with Defrauding Secured Investors. If you refuse to allow him entry, even though he does not have a warrant, you can be charged with Obstruction of Justice, because the lien is through the courts, as opposed to a criminal matter.

    However, and I am speaking through personal experience, most Sheriff's deputies HATE being bill collectors with badges, and will do anything they can to give the person time to collect enough money to pay this debt.

    I did that crap for four years, and never once did I have a Sheriff's sale go through to an auction. BUT, it IS POSSIBLE.

    I wish your friend luck.

  9. #9
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    Default Re: Legal questions from a friend.

    Quote Originally Posted by bigbear View Post
    The Sheriff's office can and will come out and place a lien on your personal property, save clothes, bibles, and work related items. Then the Sheriff's office can hold an auction of these items, selling them to the highest bidder, in an effort to recoup the loses that the credit card company has. If, after the Sheriff's office comes out, you sell or otherwise remove those items that he has placed a lien on, you can then be criminally charged with Defrauding Secured Investors. If you refuse to allow him entry, even though he does not have a warrant, you can be charged with Obstruction of Justice, because the lien is through the courts, as opposed to a criminal matter.

    However, and I am speaking through personal experience, most Sheriff's deputies HATE being bill collectors with badges, and will do anything they can to give the person time to collect enough money to pay this debt.

    I did that crap for four years, and never once did I have a Sheriff's sale go through to an auction. BUT, it IS POSSIBLE.

    I wish your friend luck.
    I talked to my friend and there is indeed a judgment out in his name. He contacted the lawyer that the papers came from and explained again he has no job but will have money income next month and offered to set up a payment after money starts coming in and they said they cannot accept it. Can they do that? Also, how can they prove what is his, or his significant others, or jointly owned?

    What throws him off is that letter sent out over ten days ago, and just got it today saying he has ten days from when it was sent. Seems unfair for them to do that. Atleast send it faster.
    Last edited by The Unknown 1087; February 7th, 2009 at 08:45 PM.

  10. #10
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    Default Re: Legal questions from a friend.

    Quote Originally Posted by Dane View Post
    IAlso, how can they prove what is his, or his significant others, or jointly owned?
    If you are how can the sheriff's figure it out, they can't. EVERYTHING in the house that can be auctioned off will be no matter who they say owns it. UNLESS the owner can prove they are the owner. And I am speaking from experience, an old roommate of mine didnt pay his bills and the sheriff showed up one day. While he was taking inventory of stuff, I walked in and asked him what the hell he was doing in my room. He said taking inventory for an auction and if I couldn't prove it was mine, it could be sold. Luckily he dipped into his trust fund and got the needed money.

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