Judgment - receiver help

[Anonymous]

Collection agency got a judgment on me for a credit card debt from 2007. (date of last activity) They are now moving to appoint a receiver. I have no assets, make just over minimum wage, and I am under water with my mortgage. The original amount was 3k but is now over 15k because of interest and lawyer fees. They want no less then 9k to settle. Document says the receiver can intercept my U.S Mail. (I get my medications in the mail) Can't get a second job due to illness. I guess my questions is...what can they do, or what will most likely happen?....and what can I do? If I could afford to make payments I would. (they rejected $50 a month) Is bankruptcy my only option? Would have to try and borrow money to file. This is in Texas. Thanks.

[Shogun]

I've never heard of intercepting US mail.  I'm not sure that's true.  I'll have to look into that one.

[RobertEG]

Was this "receiver" sanctioned by the court to take ANY action vis-a-vis your assets, period?

If they brought action to take any forceful collection activity, you would have been notified of the court preceding, where your insolvency could have been presented to the court as part of their determination of ordering any form of payment, attachment, or garnishment.

I suggest you contact the clerk of the judgment court and ask whether they have brought any such action, and if so, was their any order issued by the court.

Intercepting mail is almost an absurdity as part of any collection on a debt.

[Anonymous]

They took the motion to appoint a receiver to court. I went to the hearing and the judge postponed the motion until I had a chance to talk with them directly. I did, and they want no less then 9k to settle. Offered $25 a month and they got po'd and refused it.

As far as the mail goes.....I have had people tell me yes, it was possible for them to take my mail, and others that said no way. When I mentioned it to the judge during the hearing he rolled his eyes, but stopped short of saying it was not possible.

I have no assets, very little money in a checking account, and I get paid from a company that is located in another state. Why would they assign a receiver??

[Anonymous]

I forgot to add.......along with the notice about the intercepting of the mail......it also said they would go to my internet provider and motion to get access to my e-mail accounts and read my e-mails. Plus they have the option to show up with a Constable and change the locks on my house. (all of this is on the judgment document)

I'm not a business...have no business...have no vacation homes...have no assets.

I understand this is my debt......from 7 years ago......since then became ill and unable to pay the additional 13k in interest and fee's, and this is really sending my health downhill with worry.

[Shogun]

They could also say they're going to take your first born and take a pint of blood from you a week.  Doesn't mean a thing.  I believe this is bullying tactics that they are using. Even law enforcement agencies have to go through hoops and tons of legal tape to tap emails, etc.  And it takes a federal order to intercept USPS mail, and that's usually reserved for homeland security issues.  They have a judgement, plain and simple.  Who is this outfit that's claiming all of this?  It sounds like those bottom feeder CAs that say they're going to come put you in jail and seize all your property.

[RobertEG]

I would bet that you could find a civil rights oriented atty with debt collection experience to take such a case pro bono.

The press would jump all over such issues......

[Anonymous]

So bottom line......at the very least should I expect my bank account to be attached, and my wages garnished? hate to file bankruptcy just because of this one issue. I see no other way out. Thanks for your replies.

[Anonymous]

Sorry, one more question......does the fact that the day of last activity was in 2007 (almost 6 years) mean anything? Someone said the SOL in Texas was 4 years. Does that affect anything here? Thx.

[GregB]

The relevant date for SOL is the date that the debt became delinquent and was never brought to current. There can be activity after that date as long as the debt was not brought current with that activity. Some of those activities can reset the date that SOL tolls.

If you believe the suit was brought after SOL tolled according to the law in the jurisdiction, that would have been your defense when you were sued. If they have a judgement, then you did not adequately defend the suit and you lost. SOL is frequently not simple and there are many things that can reset date that SOL tolls.

Did they bring suit in Texas?

You can now try to get the Judgement vacated but that will be far more difficult at this time. It will be up to the rules of that court and possibly even that judge. A SOL defense needs to be proven and is not always automatic since there are lots of variables.