PebHmong Discussion Forum

Relationship => Marriage & Family Life => Topic started by: IsaacsLove on August 21, 2017, 07:01:55 PM

Title: debt question
Post by: IsaacsLove on August 21, 2017, 07:01:55 PM


One of my friend is having some debt issue. I was wondering if anyone has had any experience with this.

He lost his job 8 years ago and wasn't able to make his credit cards. Eventually it went into collection and the creditor  etc eventually passed to those law firms to collect his debt. Recently a process server served him an "order to appear before court commissioner" letter. The letter says to come with copies of his pay stubs, bank statements, and last 2 year of his income.  The server said if he doesn't show up at the court it is a contempt.

The sum has gone from 6 thousands to 15 thousands now. What options does he have, or what can he do?

If he doesn't show up, will there be a warrant issue for him? how does it work?



Title: Re: debt question
Post by: DuMa on August 21, 2017, 08:25:11 PM
Civil court, you do not go to jail for it.  I may be wrong however, I have a friend in the bay area with an office that he runs to fix people's credit.  He can stop the harrassment calls n boost your credit score to 700+ so that you can get a business or personal loan.  Make that money n pay back or default again n he will wipe your credit n give you a fresh 700+ score again to get more money to try again.

With bad credit, no one gonna give u a loan.  Without money to make money, one is stuck in the hole. 

I can send you to him.  Maybe he can delay time by stop these collectors from going after your friend.  Going to court, the judge can order a garnish your wages unless you show proof that you are living in a budget and can only afford $25 a month.

Statues of limitation laws apply.  They can not go after you after x amounts of years.  What they do is sell your loan to another collector so the clock will refresh itself. 

Play with cash n don't own anything.  They can't garnish what you do not own.  Get a trusted third party to buy your cars n stuff.  You can still drive a car owned by someone else as long as the insurance covers you.  Cop pulls you over say you borrow car n show insurance docs with your name as included in the policy. 

You can live a rich life with no credit. 

Title: Re: debt question
Post by: Reporter on August 21, 2017, 09:46:20 PM
Are you aware that our advice on here can affect people's real lives?


Civil court, you do not go to jail for it.  I may be wrong however, I have a friend in the bay area with an office that he runs to fix people's credit.  He can stop the harrassment calls n boost your credit score to 700+ so that you can get a business or personal loan.  Make that money n pay back or default again n he will wipe your credit n give you a fresh 700+ score again to get more money to try again.

With bad credit, no one gonna give u a loan.  Without money to make money, one is stuck in the hole. 

I can send you to him.  Maybe he can delay time by stop these collectors from going after your friend.  Going to court, the judge can order a garnish your wages unless you show proof that you are living in a budget and can only afford $25 a month.

Statues of limitation laws apply.  They can not go after you after x amounts of years.  What they do is sell your loan to another collector so the clock will refresh itself. 

Play with cash n don't own anything.  They can't garnish what you do not own.  Get a trusted third party to buy your cars n stuff.  You can still drive a car owned by someone else as long as the insurance covers you.  Cop pulls you over say you borrow car n show insurance docs with your name as included in the policy. 

You can live a rich life with no credit.
Title: Re: debt question
Post by: Reporter on August 21, 2017, 09:47:37 PM
Advice on such things are best from an attorney.  Consult one.  This is a real life situation and must be dealt with realistically.


One of my friend is having some debt issue. I was wondering if anyone has had any experience with this.

He lost his job 8 years ago and wasn't able to make his credit cards. Eventually it went into collection and the creditor  etc eventually passed to those law firms to collect his debt. Recently a process server served him an "order to appear before court commissioner" letter. The letter says to come with copies of his pay stubs, bank statements, and last 2 year of his income.  The server said if he doesn't show up at the court it is a contempt.

The sum has gone from 6 thousands to 15 thousands now. What options does he have, or what can he do?

If he doesn't show up, will there be a warrant issue for him? how does it work?
Title: Re: debt question
Post by: DuMa on August 22, 2017, 01:34:53 AM
Are you aware that our advice on here can affect people's real lives?

That's why I say I may be wrong so an expert can correct.

Title: Re: debt question
Post by: Gucci K on August 22, 2017, 11:55:39 AM

One of my friend is having some debt issue. I was wondering if anyone has had any experience with this.

He lost his job 8 years ago and wasn't able to make his credit cards. Eventually it went into collection and the creditor  etc eventually passed to those law firms to collect his debt. Recently a process server served him an "order to appear before court commissioner" letter. The letter says to come with copies of his pay stubs, bank statements, and last 2 year of his income.  The server said if he doesn't show up at the court it is a contempt.

The sum has gone from 6 thousands to 15 thousands now. What options does he have, or what can he do?

If he doesn't show up, will there be a warrant issue for him? how does it work?
depends on the type of debt but usually any debt that is over 5-7 years is deemed uncollectable, however, it stays on the credit report.  if he can prove that he hasn't worked in the last 8 years (have no source of income) the court can't make a person pay with nothing.  no debt can put a person in jail, unless it's large amount in tax evasion. if he has other debts that would total in large sum of money, it would be advisable to file bankruptcy, it will clear his credit for fresh new start.


Civil court, you do not go to jail for it.  I may be wrong however, I have a friend in the bay area with an office that he runs to fix people's credit.  He can stop the harrassment calls n boost your credit score to 700+ so that you can get a business or personal loan.  Make that money n pay back or default again n he will wipe your credit n give you a fresh 700+ score again to get more money to try again.

With bad credit, no one gonna give u a loan.  Without money to make money, one is stuck in the hole. 

I can send you to him.  Maybe he can delay time by stop these collectors from going after your friend.  Going to court, the judge can order a garnish your wages unless you show proof that you are living in a budget and can only afford $25 a month.

Statues of limitation laws apply.  They can not go after you after x amounts of years.  What they do is sell your loan to another collector so the clock will refresh itself. 

Play with cash n don't own anything.  They can't garnish what you do not own.  Get a trusted third party to buy your cars n stuff.  You can still drive a car owned by someone else as long as the insurance covers you.  Cop pulls you over say you borrow car n show insurance docs with your name as included in the policy. 

You can live a rich life with no credit.
hook me up with yo'friend!  I'll buy you a large pho of dat bietch! 

Title: Re: debt question
Post by: DuMa on August 22, 2017, 12:27:02 PM
Zdn tv

Drop me a note in pm box.  Not sure if I can check it on my fone but i will get back to you once I am on my personal computer again.

Legally he can do it.  Morally might be wrong but think of how many times them credit card companies n the industry have screwed us over.  From morally unfit to justifiable. 

His clients have a few Hmong to secure a business loan for a few plantation.  He can do it n what u do with that money is up to u.  Some people have no outs in life so this may be an option.  My friends n his Co workers are all young cats like I am so their operation is unconventional unlike similar business where the white man goes by the books.

 I don't endorse it but I endorse an out to help save a life. 

A few of my friends went this route to get a loan n opened a small business n with the profit, was able to pay back all the loans.  A business is like an ATM machine.  A daily profit to get you out of your hole. 

My boy is Viet.  He married a Hmong so there goes your friendship degree of separation. 
Title: Re: debt question
Post by: SummerBerry on August 22, 2017, 01:51:14 PM
depends on the type of debt but usually any debt that is over 5-7 years is deemed uncollectable, however, it stays on the credit report.  if he can prove that he hasn't worked in the last 8 years (have no source of income) the court can't make a person pay with nothing.  no debt can put a person in jail, unless it's large amount in tax evasion. if he has other debts that would total in large sum of money, it would be advisable to file bankruptcy, it will clear his credit for fresh new start.

hook me up with yo'friend!  I'll buy you a large pho of dat bietch!

Debts stayed like 7 yrs if you haven't paid once it go to collection.  You still get harassed or collection calls for a while.  Passed 7 yrs and uncollectable but will stay on your credit report.  Just the same like those who filed bankruptcy it stay either 3/7 yrs but still show on your credit report.  They already paid 3-5k to filed bankruptcy.  Bankruptcy would be a good choice for those who know they have a lot of cc debts.  You can save and start all over again after that 3/7 yrs period. 

Garnished wages is mostly for unpaid spouse/child support, owes income tax, fraud SS, etc. 

OP friend debts went from 6k to 15k is unheard. 

Going to jail or court for cc debts..... I don't see it happening.....  Fine for those abusing and stealing other people's cc. 
Title: Re: debt question
Post by: YAX on August 22, 2017, 03:11:46 PM

One of my friend is having some debt issue. I was wondering if anyone has had any experience with this.

He lost his job 8 years ago and wasn't able to make his credit cards. Eventually it went into collection and the creditor  etc eventually passed to those law firms to collect his debt. Recently a process server served him an "order to appear before court commissioner" letter. The letter says to come with copies of his pay stubs, bank statements, and last 2 year of his income.  The server said if he doesn't show up at the court it is a contempt.

The sum has gone from 6 thousands to 15 thousands now. What options does he have, or what can he do?

If he doesn't show up, will there be a warrant issue for him? how does it work?
If its too much and he doesn't want to pay, go see a bankruptcy lawyer and try to file for bankruptcy protection.  It'll stop the harrassments and he can get a fresh start.
Title: Re: debt question
Post by: DuMa on August 22, 2017, 04:32:32 PM
My Arab co worker went the bankruptcy way.

He has 5 cc.  He max one out.  2nd cc he uses to pay 1st one.  Once cleared, he goes on a shopping spree again n max out again.  He takes #3 to pay #2.  He takes #4 to pay #1. 

See where he is going with this?  He bought gold by the way n just bury it.  Then he does the bankruptcy way.  Going to court he expect these cc reps to be there but to his surprise, no one shows up to contest.  He is cleared but with the bankruptcy on his head for 7 year.  No matter to him cuz he not planning to play the credit game anytime soon.  He took his gold n cash out on it. 

If u planning to go the bankruptcy route, might as well go all out.

Take money and run.  Once again, I'm not endorcing it. I'm just sharing stories.  7 years isn't a long time btw. 
Title: Re: debt question
Post by: lexicon on August 23, 2017, 08:41:45 AM
It depends. I'm only speaking from my own experience (lesson learned; never cosign for anyone you're not married to yet).

Failure to appear would mean a default judgement for the plaintiff or in this case the creditor/collection agency. If it's a summons or subpoena, you're risking the chance of having a bench warrant issued. Other than that, seek consultation from the proper agencies.

I've heard bankruptcy is an option, but you may have to take on more debt to file. My coworker lost his job 3 years ago and had to buy a new car in order to have enough debt to file for bankruptcy.

I'm assuming if it's in this section of the Forum then he's married. The sooner he takes care of this the better. Because what's his can easily become theirs.
Title: Re: debt question
Post by: YAX on August 23, 2017, 09:36:01 AM
If he files for bankruptcy protection, that'll stop the lawsuit case till his bankruptcy case completes which would then drop that other case since bankruptcy means he gets a clean and clear start and any debt he listed in his bankruptcy file is  closed out.  No collector can come after him.  Some people file for bankruptcy protection all the time.  I've seen a lady who filed 3 times already.  She must've owned a business because each time she filed it was like over $90K in debt.  I kept thinking, "wow! Why do creditors keep loaning her money?" ikr?
Title: Re: debt question
Post by: lexicon on August 23, 2017, 11:35:52 AM
If he files for bankruptcy protection, that'll stop the lawsuit case till his bankruptcy case completes which would then drop that other case since bankruptcy means he gets a clean and clear start and any debt he listed in his bankruptcy file is  closed out.  No collector can come after him.  Some people file for bankruptcy protection all the time.  I've seen a lady who filed 3 times already.  She must've owned a business because each time she filed it was like over $90K in debt.  I kept thinking, "wow! Why do creditors keep loaning her money?" ikr?

Rewards outweigh risk in creditor's eyes. Maybe in the form of higher interest rates? Maybe she has more/new assets after the last filing? Just read about how the POTUS was able to do it 6 TIMES!
Title: Re: debt question
Post by: YAX on August 23, 2017, 01:12:48 PM
Rewards outweigh risk in creditor's eyes. Maybe in the form of higher interest rates? Maybe she has more/new assets after the last filing? Just read about how the POTUS was able to do it 6 TIMES!
I'm sure they have something but being able to take out huge loans then declare bankruptcy and do it again in a couple of years is just crazy. She must have in her possession an awesome business plan that makes bankers go "Oh yeah! Take our money".
Title: Re: debt question
Post by: Reporter on August 23, 2017, 05:33:21 PM
Lenders who lose their funds get double or triple offsets with Uncle Sam. :2funny:

I'm sure they have something but being able to take out huge loans then declare bankruptcy and do it again in a couple of years is just crazy. She must have in her possession an awesome business plan that makes bankers go "Oh yeah! Take our money".
Title: Re: debt question
Post by: Renaissance on September 07, 2017, 12:20:28 PM
I agree with Reporter that your friend should consult with an attorney in his state for legal advice.  Each state law is different, however, consumer debts are mainly regulated by the federal government under the Fair Debt Collection Practices Act.  Both state and federal law will intertwine in a debt collection matter.  Under state law, certain debts cannot be collected after a certain period of time.  This time period is called a statute of limitations.  In MN it is 6 years.  6 years is the statute of limitation for a breach of contract.  For other states, the time period may be different.  Once there is a breach, the creditor has up to 6 years to file a court action or forever lose that claim.  Based on what you have written, it sounds like he was served within the statute of limitations for his state.  In civil matters, such as a debt collection matter (or "breach of contract" is the correct legal term), you generally cannot get jail time if you lose the case or if you cannot pay.  You CAN be sent to jail for contempt of court.  This is probably what your friend is facing.  Once the creditor obtains a judgment, they will send "discovery requests" to your friend to answer.  These are questionnaires regarding his employment and assets which your friend has to answer truthfully.  If he does not respond to the discovery requests, the creditor may ask the court to find your friend in contempt.  IF this is the case, he may spend time in jail.  If there is already a judgment, he may 1.) pay off the entire debt, 2) negotiate a settlement with the creditor for a lessor amount or give him time to pay; or 3) put all his debts together and file for bankruptcy.  If he has little or no income and no assets then he is "judgement proof."  There is nothing the creditor can do.  They have the right to renew the court judgment and also have the judgment on his credit record. 

So in short, consult with an attorney in his state. O0