"Puddin' Man"
news:vnq9b3pk7atlc5vqmn21s9i9gnncn18k1h@ ...
> On Sat, 4 Aug 2007 16:05:18 -0400, "Cheryl"
> wrote:
>
> ...
>
>>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
No, I do not live in CO. One place to start looking at laws in CO would be:
/CADC/ The trouble might come
while attempting to read Colorado statutues (also linked to the above
website).