I'M DUMPING MY TRUCK AT THE BANK-WESTLAKE FINANCIAL IN LOS ANGELES

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A bench warrant can be issued if he is personally served a subpoena to appear for a judgment debtor exam. It's a bench warrant not a felony and the judge won't issue them unless the service has been made upon the person. It's essentially contempt of court, but again, you have to be served.

Me and my creditors rights attorneys do this every day.

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Here they normally won't come after you but if you get stopped they will arrest you. Process servers lie. I got a bill from the hospital which I never was in. I called expained I was never in their hospital & asked them to check, never heard until I got a judgment on my otherwise perfect credit report.
 
When suing, a process server or sheriff will attempt to serve papers. If the can't, they will provide an affidavit of attempted service. The attorney can then apply for alternative service, which may be tacking to the door, posting in a local newspaper and even serving through Facebook.

Some courts will allow certified mail.

Owing money is never a crime. A default judgment is not a crime. Here is a crime.

States have statutes on the books that are essentially "hindering a secured creditor". What this means is if you have property like a truck that has a lien holder on it and you do things to keep the lien holder from repossessing the item, then they can file charges, depending on the state. Some states force you to file a writ of replevin, a court order to make the secured item available before charges can be filed. Texas code for example 32.33.

So if our friend does a voluntary repo by turning in the vehicle. He will owe money and nothing more. If they serve him with a JDE, personally and he's a no show, the judge can file a bench warrant for contempt. It's rare in situations like our friend.

A Judgment Debtor Exam is served by subpoena, telling you to arrive at a place and asked to bring certain items such as bank statements, paystubs, tax returns then answer questions about your assets. The attorney is charging $200.00 to $300.00 an hour for this. It's not cost effective to do this on a repo.

The truck was likely repoed before, sold at auction, put on a you buy here pay here lot and the down payment was enough to pay what the truck sold for at auction. The high interest rate is for people with no where else to go because the credit is already damaged.

There is no incentive to go after a person in these sets of circumstances.





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It is a mess, Mario, and you are hardly the first to find yourself in this predicament.

Seriously tho, if you must turn your truck back in to the bank, then so be it, but walking away from a debt you agreed to pay will cause you consequences down the road.

Unless you want to try to spend the rest of your life under the radar, paying some small amount on this every month until paid off is better than walking away.

Even with Section 8, this is a coveted subsidy but does not entitle you to a place to live.

Landlords still get to choose, and want to rent to someone who is a good bet for paying that rent every month.

Public housing is not ideal, but perhaps is a more viable option for now that may allow you to stabilize your situation.

Making a good faith effort to resolve your mistakes and avoid making similar ones in the future is in your best interest.

If you can find some kind of work on the side, perhaps with your music, that would also help.

Good luck to you.
 
Bankruptcy is something that I know about, having filed my chapter 7 out of a book once and having an attorney file another a couple of decades later.

My advice is forget chapter 13 unless you don't mind being under the control of the federal bankruptcy court for the next few years. Go 7 and do the clean sweep. And by the way, you probably can keep the guitar. Your attorney will advise which exemption schedule is better for you to file under.

I strongly advise you not to take the truck to Mexico and keep it there, as some have done in your situation. That would cross a legal red line. Instead turn it over to the lender before you dump even more money into it.

My advice will leave you without a truck but from your posts, you can't afford it now anyways.

Rent some sort of room to live in and wait out the bankruptcy. Then start over.

Don't let anyone hang you with a guilt trip either. Businesses do it all the time, why not you?
 
Hey Mario,
Your credit already sucks. With your type of income, you are not not "judgement proof", but you are "collection proof". And if they can't serve you (good luck with that if you're international or mobile), they can't arrest you on a bench warrant. Or, if you want to play nice, let the creditor do their "discovery" crap. You're not worth their time and effort. I know all this because of a family member. He's got judgments up the wazoo, but his only income is exempt from collections (like yours). The creditor tried to levy his bank accounts, but his measly amount ($1300/month) is protected by federal law.

Screw 'em. The banks and powers that be thumb their noses at our financial system all the time, while the little guy just bends over. I think that there is someone in the highest office in this country who has used creative accounting and bankruptcy laws to screw anyone he can.
Best wishes and be well,
Ted
 
You are better off selling it for what you can get and paying off the difference. Sort of a self managed charge-off. What is it actually worth?
 
morongobill said:
Bankruptcy is something that I know about, having filed my chapter 7 out of a book once and having an attorney file another a couple of decades later.

Don't let anyone hang you with a guilt trip either. Businesses do it all the time, why not you?
Hi, at this point Im basically homeless. My relatives home is a temporary place to stay and NOT permanent... I'm already being given hints to move. And this is where I don't get where or what they are going to come after me for money! Sure, I'll show up for court and show all the bank statements and all their going to find is deposits from my SSDI and paying bills, gas pumps, and food! Tomorrow there is an opening to speak to an attorney regarding this. I'm not closing my bank account either as advised by my case worker as it will show bad if I do, as if I was going to run off deliberately, which I'm not.
 
WalkaboutTed said:
Hey Mario,
Your credit already sucks. With your type of income, you are not not "judgement proof", but you are "collection proof".

I make close to 950 a month. I have found out that now my credit card went to close to 30% interest, what happened to 21.3%? Banks just raise interest on you without any reason and screw the consumer? How do they expect to get it paid off if they just raise and lower then raise at their wishes anytime any day? My credit card bank said I was offered a discount for a few months to lower it to, get this "21%" ONLY for a few months and then it go back up to almost 30%! Uh, ok! What a bargain huh! The only "DISCOVERY" they might question or look into is my large downpayment if I can only have $2000 and on SSDI! First of all, I already had 2K saved, I moved out of an apartment in Colorado, borrowed another 2K from my relative, and the rest I sold music equipment (LOTS OF IT). I HAD 2 MESA BOOGIE GUITAR CABINETS, SUBWOOFERS, GUITARS, MICS, STANDS, CABLES, A POWER AMP, AND YEAH, I GOT A LOT FOR IT BY SOME CHURCH PEOPLE WHO BOUGHT THEM! All that was used to put down the downpayment on the truck. I did not report it to Social Security because I was in bad shape with my older truck and knew I was going to commit suicide if I continued living in that miserable town so I left and after watching tons of VAN/CAR/RV/BOB WELLS, ETC...ETC... LIVING IN THEIR VEHICLES I decided to go big and my little 5ft bed on my truck was impossible to find a camper so I went nosying to car dealers in Colorado Springs and saw this GIANT DODGE RAM MEGA CAB and I was sold on it. But never ever ever did I realize It was going to cost me more or close to 2/3 of my income. The other reason I bought it is because I was going to move to Hawaii and use it to buy land with my remaining income and use the truck to haul, clear brushes, load rocks and whatever I needed to clear my land so I can cultivate it to live off the grid. Months later I managed to save enough for almost 300watts of all RENOGY solar panel system of which I have not even connected anything yet to test it! Now, I do plan to take the truck to a mechanic and have em check the engine for any future or near future (like next month or three) and let me know if the engine is in good condition because if they tell me its about to fall apart and its going to cost me a new engine then where in the hell am I going to afford that?
 
ZoNiE said:
You are better off selling it for what you can get and paying off the difference. Sort of a self managed charge-off. What is it actually worth?
I talked to the bank already about that and they said the tittle would still be under my name until the balance is paid off. Who in their right mid will buy a truck and they not be even able to change it to their name at the DMV? The bank holds me liable for anything that happens to that truck! The Blue book says its worth about 5K-6K as a trade in. The Blue Book says is worth about 6K-8K if sold privately (but again, sold privately who's going to cough up that money and they don't even have tittle over it and I'm responsible for the balance).
 
Crazyoldgringo said:
When suing, a process server or sheriff will attempt to serve papers. If the can't, they will provide an affidavit of attempted service.

Interesting! I do wonder who owned this before and if its was a repo! So, it may be that the bank could be making money after money by repos, I'll try to find out if they have a history of owners. However, again, if the mechanic tells me the car is in good conditions still I might, just might keep it for the fear of if going to Hawaii and finding a purchase on an owner financed piece of land the bank puts a lien IF I return the truck as a voluntary repo. I'd like to go to the Social Security office also and let em know my sutiation but everywhere I turn I fear. I fear they will/might stop my benefits, agree with the bank to take a % of my income to pay the bank, punish me for not reporting the whereabouts I got or not report the downpayment.... I should just shoot myself! Joking of course!
 
WanderingRose said:
It is a mess, Mario, and you are hardly the first to find yourself in this predicament.

I could give one darn bit about my credit anymore. I once did and had great credit until I got screwed by CAPITAL ONE who helped themselves to my bank account when there was no money in there, 6-7yrs ago! I got hit with an overdrawn fee, a courtesy fee my bank slapped to pay CAPITAL ONE, then a daily fee of $5.00 every single day for almost 30 days (when I found out about it), I tried to pay my Macy's credit, my cell phone, my Best Buy account, all where behind now because of CAPITAL ONE dipping into my account! Music? I have nowhere to rehearse,I have no freedome to do shit at my relatives home, I'm there but I'm also given the cold shoulder and you know how horrible that feels? Its time to leave and go where? Baja? Pay cheap rent and enjoy life if I turn the truck in, yes! But I can't decide whether to keep the truck if the mechanic tells me its in good condition and avoid Bankruptcy so I can possibly move to Hawaii and buy an owner financed land to live off the grid and utilize the truck for hauling heavy things and a shelter also while still paying for the gas and yeah.. I already know how expensive it is to live there, I don't care! I've been there tons of times to SCUBA dive whenI was in better financial shape and.
 
the bank is lying to you about it being in your name until it's paid off. highdesertranger
 
I suspect the bank means the life of the loan will be in his name which is true. The registration will change when title transfers at auction.

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highdesertranger said:
the bank is lying to you about it being in your name until it's paid off.  highdesertranger
How so? Its on my DMV registration   (Lien holder...Bank such and such). In the coming weeks I'll making some life decisions and risks which I see as optimistic because I'll be 51yrs old this end of March and to tell you all the truth, and if you knew my past life all the BS and failures, wrong turns and stupid results I am to the point where I'm so tired of wandering the streets finding safe parking and the financial stress plus I want to find a spot where i can rest, settle, home base, find a wife. I may or may not keep the truck and it will depend on the condition of the truck and weigh the condition of the truck (if its good) and weight my finances and if I keep the truck and my finances are fair to live with I will give it a try instead of going on Bankruptcy. But if I see that that amount I have left to live with is giving me stress and pressure then I'm going straight to the bank, hand em the keys, and wave Bye bye! No, I will NOT skip any court appearances but show all my evidence that I can't even rent an apartment with the cost of the truck, gas, insurance, any apartment, or even if I go back to Section 8 using Fast Track, its not going to work and if the court/just cannot see that then thats one stupid dumb fk judge but I'm 99% sure that they will find me eligible to start fresh and I will tolerate the BS of no credit or fking fiddling with the Johnes FICO score.I don't give a flying fk about my FICO score anymore. I love America, I was raised here since age one (legally I came in, not like these caravans who are demanding a free entrance) but America is all about credit and credit scores and banks who fk you good by jumping your interest rate from 21 to almost 30 out of nowhere! ENOUGH! I'm tired of living supporting these SOB banks and crooks at Crongress who say "Oh, I did not know I had to pay taxes on..." Who was that Senator.. from NY? Yeah, did not know! BS! How many loops to avoid certain taxes does the diprod Trump (whom I voted for also, mistake) made in his life? And yet, poor people like me or some of you forget or make an error on your taxes and your house is on a lien, or wages, etc..etc....etc... YEAH, I'M PISSED! Haha!
 
Dude this a simple civil issue. A contract. You signed up to pay x to the back. You're obliged to pay x to the bank whether you have the truck or not. The only evidence the courts will entertain will be what have you paid and is left owing. Did you break the contract. If so then they will get a judgment. So what? They can't garnish your SSI. The judge does not have the power to create another contract, he doesnt care why you broke the contract.

If you file for bankruptcy, the bank has a priority claim, meaning the debt is secured by the collateral. Your choices are, turn in the truck, reaffirm the debt meaning continue making the payments or negotiate with the bank for cash buyout or repayment based upon the true value of the vehicle.

If you hand the keys back, the car will be sold and you'll owe the deficiency albeit several months later. They have to serve you for court if they choose to sue. You're judgment proof. You have no assets they can seize. Your income is exempt from attachment. Why would they spend the money? If they can't serve you the case gets dismissed unless they do alternative service. Who cares. You dont show up it's a default judgment they can wipe their ass with.

So far as bankruptcy why? You have nothing a creditor can take. From where I sit there's no value to filing BK.

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Folks, this is just a friendly reminder that many of us are reading on our cell phones. So, we ask that you carefully trim any quotes you include to the bare minimum. When you are reading on a phone, and you have to read the same post twice to get a new comment, it can be frustrating--especially if there are pictures!

Be kind and trim!! :)
 
Mario won’t that cost a ton to ship the vehicle to Hawaii?


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ok no politics. don't even go there. this is fair warning. I gave Mario a break but no more, period. highdesertranger
 
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