I would check the code but I think debts based on fraud are always nondischargeable. I remember reading that on the uscourts.gov website.
Yes they are, I just spoke with a 2nd attorney, I needed to talk to a couple to make sure the case is solid, and to guesstimate the fees I'm going to be looking at. If I get a letter from the court saying it's a nondischargeable, she will not ever be able to have it discharged in any court. She can file, all I would have to do is forward a copy of the court papers and it's done. This attorney told me there is a lot of leverage since she committed perjury on her checklist. I feel better now.
Keep your eye on the bigger picture, collectman. You are spending a lot of time on this one debt and you could be collecting on other debts without all of the incumbrences. Remember, anything can happen at the courthouse. No attorney worth his salt would guarantee you a victory. You could spend the money and then lose. You are a smart collector. Some low-lifes just aren't worth pursuing. I do not know if this is a case you shoudl or should not pursue, but it seems it might be a loser. Take the emotion out of the decision and then you will choose wisely. There must be lower hanging fruit than this POS. Good luck
In my opinion she is, however, if it takes me fighting her to prove my point and go for perjury charges, or anything else I can go for, I will. It's personal now, as much as it is morals. Im aware that isn't good to be this personal on 1 account, but if you consider, it is the largest account I have, I'm not going to back down over anything.
Also, I cant allow her to open an account, fraudulantly, and then file banko on it. Not on my watch! :-D *pursistant*
Debt collectors exist because it wasn't worth it to the original creditor. At least it won't dog the id theft victim the rest of their life (presumably).
Attorney is retained, she has already drafted the answer to avoid the judicial lien. Let the game begin
Oh good grief. Now I have to pay to have an appraisal done on her house :-\ Apparently, this will be a suprise, she lied on the value of her home and now to prove there is equity I have to have this done.
I just want to see her face when we get the denial of discharge and I add in all the attorny fees and maybe this appraisal on to her judgment. This cant come soon enough.
I haven't gone through the full thread here, but do you think she will face criminal charges as well?
Update for those who care? The attorney filed the documents yesterday and the debtors attorney has already called my attorney and requested a meeting and offered a payroll deduction, so they are going to get something done today. I'm very surprised that it was this quick. She asked me for a payment arrangement and a settlement if I were willing to offer one. Now I need to figure out how to get everything in writing and on record that she is agreeing to this and the debtor will not discharge this again. Hopefully the attorney has some good documents for that.
My attorney told me that if they were going to play hardball she would start to bring up the false statements and possibly charges for perjury. As far as another ID Theft charge, I'm not sure how that would work in my favor, I want my money!
Hmm..so the debtors attorney offered a whole 250/mth. I rejected that and told them 25% garnishment from what I can tell on her paycheck is 390/mth. Hopefully today I will find out, if that doesn't work then I will just go for the denial of discharge on my judgment, and continue wage garnishments once I'm able to and have my attorney bring up the perjury.
Muhahah! Finally reached an agreement last week and documents are signed. Not as much as I wanted her to pay monthly, but it's either take this or wait until the bankruptcy is over and garnish. So I will just take it for a few months and then when she quits paying, I'll enforce the garnishments, or my attorney stated that I could forward it to the AG for consideration. It's going to cost her about 10k more than the orginial judgment was for because of all this and the interest that the judgment allows for, some people just dont think about the end result apparently, oh well, atleast my track record in court is upheld!
Collectman- In many cases a person is released from incarceration and put on probation. In an earlier post you stated you have solid evidence of perjury. I would think that this evidence is pretty good collection leverage since committing perjury is grounds for revocation of probation and reincarceration. Just a thought for you to ponder....
You are correct, unfortunately, she was released off probabtion at the time she stopped making her payments to me last year. I will have to present all facts to the AG, including the promisary note and reaffirmation agreement, which is not a problem for me. I'm just glad this part is done, hopefully she's gotten smart enough to realize, and from the words/advice of her attorney, that I'm not going anywhere and will fight her all the way.
