Debt Settlement - expecting to be sued - Canada

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RE: expecting to be sued

Postby fightback » Mon Jan 25, 2010 01:35:28 PM

Thanks for the input, I think After reading the messages I received from you good people I overreacted when I said I expected to be sued.

Essentially I think I am judgement proof, if I had $20 m I would love to get this over with but about $10m is all I good get my hands on from relatives.
fightback
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RE: expecting to be sued

Postby RichardC » Sat Jan 23, 2010 01:33:57 PM

I'm not sure why the creditors would want to sue.

It just doesn’t make any sense. Are you sure it's not just empty threats or do they know something you didn't mention in your post? You say you have no assets and limited income. With the home transferred in your wife’s name for over 5yrs they can't cry "fraudulent conveyance" and do anything so the home shouldn't be an issue.

I have however seen some really stupid moves by creditors suing people that have nothing, but most are pretty smart about it.

Of course the trustee will encourage you not to settle on your own, he only gets paid when you jump on his ship. These trustee's have been making a killing over the last 16 months.

If you owe $50k and have access to about $20-25 you should be able to do this on your own.

Tip: when you search, a poster by the name of Average_joe settled tons of debt on his own and knows his stuff so you can rely on his info, its solid.

If you are in over your head and don't understand or want to go the DIY route then contact my office for a quote, we may be able to help if you haven't gone very far on your own. But be honest with my guys if you do call and tell them what you have done so far, they will call it like it is with you and maybe give some reasonable suggestions to help even if we can't.

Best of luck.
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RE: expecting to be sued

Postby bogey » Sat Jan 23, 2010 07:26:04 AM

wouldn't a divorce from your wife shield her and the house from any creditors / debt collectors?

it will probably affect the way you both file income tax - eg. you both might pay more

I contacted CPP once and asked if those funds (CPP/OAS) are eligible for garnishment due to outstanding debts and CPP said no, unless you owe money to the CRA (income tax).

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RE: expecting to be sued

Postby fightback » Sun Nov 22, 2009 06:30:23 AM

I think after doing research on this site I have my answers, 50k in total owed, income OAS,CPP $1500 per month, no assets(see below) unable to work and can prove that.
So I know (I think) most of the cards that the cc companies will play, as for my cards just one thing I am unsure about. The house was transferred to my wife over five years ago. is that in any danger? its not my asset.

Trustee in Bankruptcy tells me to forget debt settlement and just file as a single person. rather do debt settlement myself but dont want any issues re the house
fightback
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RE: expecting to be sued

Postby montyloree » Thu Nov 19, 2009 02:57:13 AM

What are the amounts of the debts and how long overdue are they?

Do you have ability to repay any amount?
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RE: expecting to be sued

Postby average_joe » Wed Nov 18, 2009 05:17:08 PM

Who are the creditors that you owe too? When was the last time you made a payment on these accounts? What province do you live in? Are the debts with a collection agency? Are you working or have any assets?

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expecting to be sued

Postby fightback » Wed Nov 18, 2009 04:51:00 PM

tried to settle debts with credit card issuers with no luck expect to be served any day now from the court.
Nevertheless I still would like to know the procedure to reply to the summons as while I do owe the debt I think there are some errors on the account.
Hope this make sense, new member and kinda confused by alll thats happening.
fightback
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Joined: Wed Nov 18, 2009 04:33:55 PM
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