On Sat, 4 Aug 2007 16:05:18 -0400, "Cheryl"
...
>There is also THE FAIR DEBT COLLECTION PRACTICES ACT. Unfortunately, it
>needs clarified and expanded, IMHO, so there is more consistency between
>states.
>
> /os/statutes/fdcpa/
>
>In our state, once judgment is obtained, a lien can be placed against any
>house or vehicle. Foreclosure can also be initiated against a primary
>residence, even though most creditors don't due to the cost involved and the
>fact they can simply sit back, wait, use other cheaper collection remedies,
>and let the amount due increase with court costs and state allowed interest
>rates on judgments until the deed requires transfer due to sale, death, etc.
>or the person declares bankruptcy. With automobiles, in our state, the
>debtor is allowed one exempt vehicle. Unfortunately, the debtor often
>doesn't get to pick which vehicle is exempt if the creditor has already
>filed a lien against the one of the creditor's choice and started the
>attachment process. There are some exception, like vehicles specially
>adapted for handicap, where the debtor can force the vehicle as exempt.
Safe to assume you are not describing Colorado?
>All of it is quite tricky, and for anyone in the position of high debt they
Her son was seriously injured. I fear she is getting saddled with
$22k in med bills.
>feel they are unable to pay, I highly suggest consulting either a bankruptcy
>or debt collection attorney to explore options.
Even if she could find an honest one, they cost substantial $.
>Some attorneys allow for
>free consultations. Others charge a fee. But possessing the knowledge of
>what can and cannot occur within you state is worth more than losing your
>house, home, and/or other assets if it is avoidable. In some areas, there
>are also free consumer credit counseling agencies that may be able to assist
>a debtor or at least point him/her in the right direction to find the laws
>regarding certain things.
This last suggestion might be helpful. Much thanks.
Anybody from Colorado familiar with such laws in that fine, fine state?
I have never lived in CO ...
Cheers,
Puddin'
"Mit der Dummheit kaempfen Goetter selbst vergebens!"
-Friedrich Schiller