Something similar was suggested in another thread, but what about calling one of your local TV stations? Many of them have consumer lawyers or advocates. I know that the debt is valid, but maybe if the sitution gets some exposure this guy will be a little more reasonable.
I happen to be a Police Officer in PA and used to be a Constable. I can offer some insight into this....No they cannot legally enter your home unless the court order states it as such. As far as the $200.00 an hour thing, no way! You are pretty well protected in PA as it comes to them taking your belongings. PA gives the debt collector who obtains a judgement very little to take. Since you probably don't own anything worth while or if you do your probably paying on it and they couldn't take it anyway then theres not much they can take. They can garnish your wages with a court order but they can't take much and it is alot harder to do this in PA. Be glad you are in a state that doesn't give too much a debt collector can take from a poor man. You ever hear the old saying "You can't take blood from a stone??" Tell this guy to stick it and speak to a good lawyer. Filing for any type of bankruptcy just because of this is simply foolish and stupid on your part. Let this guy try whatever he can as long as it's legal to do. If you find him violating his rights I would then sue him in small claims court for damages! Good Luck! Tac
QUOTE: " Well, the sale of tha venture was halted, but I recieved a phone call from Mr. Funeral home yesterday, and he told me basically that I need to come up with 2300 bux by friday, or he will go get a order to enter my home with the police and constable, (whether I am home or not, by the way) Again, I told him that I would file a chapter 13BK, but he said he would get his money that way, through the courts. I even informed him that 7 months from now I would convert to chapter 7. again, he said he would re-file for a new judgement. he also said that to have the sherriff come to do a "home inventory" would cost ME 200.00 per hour and take 8-10 hours. All of which would be added to the judgement. I am not sure of several things" ****************************************** I have never heard such non-sense, there is no JUDGE in the USA that would issue an order allowing this MORON to come to your home. One thing is clear HE IS HARRASSING YOU, LYING TO YOU, ATTEMPTING TO INTIMIDATE YOU, AND INTENTIONALLY INFLICTING EMOTIONAL DISTRESS UPON YOU, TAKE HIM TO COURT & STOP HIM NOW, & SUE HIS SORRY BUTT OFF. HE NEEDS TO BE TAUGHT A SERIOUS LESSON, THIS IS NOT A COUNTRY RUN BY THE GESTAPO. He is a DISGRACE To the HUMAN RACE.
The important thing is to know your rights. In most states your home cannot be entered for a civil judgement. This guy is just feeding you a line of BS using aggressive collection practices. I think the Restraining Order, which you can obtain ex parte and for a minor fee is an excellent idea. If you can afford it, send this guy a letter telling him to deal with your attorney and not to contact you further. Hope this helps.....
Wanna play? Make up a bunch of fliers detailing, in scrupulously truthful terms, how this guy is harassing one of his former customers with threats of forceble entry into your children's home and his liberal use of profanity. State that you have repeatedly tried to set up a payment plan, list the fact that you are sending him money, then ask "Do you want to do business with someone who takes advantage of you in a time of crisis and then threatens you afterwards?" Distribute them all over town. Expect to be sued for defamation, so make it entirely truthful. Then picket strolling up and down in front of his sidewalk with a sign saying " I believe XYZ Funeral Home engages in unethical business practices." (I believe makes it your opinion, which you are entitled to) If you can find a friend to walk with you make another one saying "300 families trusted a Georgia Funeral home only to find their loved ones dumped in the woods." It has nothing to do with this case but it was a Funeral Home PR nightmare! It'll cost him lots of bad publicity and lost revenue. Have fliers available to pass out to onlookers. Call your local news station and tell them what time you plan to picket and would they like to come tape it for their consumer advocate section? Screw him back! With any luck, he'll threaten to kick your posterior. Have a convenient witness available to assist you when you file your assault, or can we hope, (if he touches you) battery case. Also contact The Funeral Consumers Alliance of North Texas at 972-509-5686. They are a non-profit group of volunteers that can provide info. The Texas Funeral Service Commission's number is 1-888-667-4881. I'm not sure what state you are in but I'm sure they can refer you to the right people. Dancer
Thats stupid (only an opinion - not a fact so you can't sue me)..Why would anyone want to provoke a lawsuit? I firmly believe in getting back at the people who make your life miserable, but there are better ways to do it than getting yourself sued. Do an search on "revenge". It is amazing what this will turn up. Lots of good ideas out there. I know this makes me a bad person, but I am tired of being taken advantage of. It is time to fight back.
Actually, it's your right to picket on a public street. You just have to keep walking so that you can't be arrested for vagrancy or loitering. The FH director can't do a thing about it and it'll hit him back in the pocketbook. If he breaks the law and violates your right to assembly and free speech you get to sue him! If he threatens you, you get to press charges. America, what a country! Dancer
I love some of the Ideas that you all have given me. I know bankruptcy is not the best choice at all. I am glad to hear that it is unlikely that they can enter my home for a civil judgement. I just wish it would just end. I am so stressed out right now, it is unreal.
To heck with "Unlikely", find out for sure. Get that restraining order! That way you won't worry everytime someone knocks on your door. Remember, restraining orders state that they can't try to contact you through a third party (the police) either. Find out if the funeral home records incoming calls. Then call your operator for the number that allows them to track the last incoming call. Then, just for fun, call them (remember you're not constrained from contacting them), talk a few minutes and say you're going to pay in full, then say "Excuse me, I've got a call coming in, if I don't come right back, call me in a few minutes and we'll work out details." When they call back, say you changed your mind and hang up. Then dial that number that lets the operator trace your last incoming call and presto! Violation of a court order! He'll say "But your Honor, he said I could call him!" The Judge will say " I said you couldn't, who are you listening to?" Yes, I know I'm an evil man............. Dancer
I think ya'll are all on the right track as far as hitting this guy where it hurts the worse, in the pocket book. I would contact an attorney tomorrow A.S.A.P.!! Like someone else mentioned, just for a consultation. Make sure you get one that is knowledgable in this area. Surely this guy is breaking the law by doing what he is doing to you! Go to the doctor and get a prescription for some sort of anxiety meds. You don't have to take them, but I would build the best case I could on the grounds of harrassment, mental anguish and suffering. My goodness, how long ago was the funeral? I would sue him in small claims court. In Texas, you can get up to $5,000 plus court costs and attorney's/legal fees. I don't know what the limits are in PA. Then, I would give him back $2,300 of his own money. Just because you owe someone money doesn;t give them the right to break the law to try and collect it. Talk to an attorney tomorrow and give us the details!! I would love to know what this low-life creep can get!!
Love the idea of anxiety medication! You know, if you had a sympathetic boss, he could do a performance counseling recommending you for stress counseling as a result of this psycho's activities. More documentation...... Be careful with this one though, it'd be best if you had the only copy of it, so it didn't get into your company files and possibly prejudice the HR types against you. Dancer
Careful with the restraining order idea. The RO will be binding on all parties if you can even get one. I seriously doubt a judge will grant a restraining order to prevent someone with a valid judgement from trying to collect. This isn't an alleged debt any longer. In the eyes of the court, it's valid and as a judgement debtor, you have the right to enforce the judgement.
You aren't trying to prevent collection. You're rying to prevent assault because youu're in fear for your safety from this idiot's threats. Unrelated issues? Dancer
Dancer, No way a judge will buy that once they learn of the judgement. As I recall, all of the contact has been by phone. It's a stretch to imply that someone is in physcial danger because they are getting pushed to pay a judgement. The danger to Shawn is if you take the guy to court, the judge will rule against him on the RO and, the funeral home will then start wage garnishment. Shawn's best bet is to figure out some way to pay the judgement or, challenge the validity of the judgement.
That would be ideal. Unfortunately he can't pay it now. Don't be too sure he can't get a restraining order issued temporarily. Physical threats and threats to break into someone's home, especially if they have children, are something judges take very seriously. The other issues aren't on the table when a temporary restraining order is issued. The order gets issued and they get given a date when they have to be in court to verify whether it is indeed warranted. If he does go in front of a judge, he can show that he has tried to make payment arrangements and that he is in fact making regular and reasonable good faith payments to the FH. It is the FH that is being unreasonable and making threats. It is entirely likely that the judge will agree that the FH director is a schmuck and order him to take the payments that are being made. If the judge squares him away, that's great. If the judge says: "pay it now" he can still file BK and stop all collections. Either way, he keeps the psycho out of his house. Either way, the FH director gets a public black eye with the restraining order, even if it is later set aside. Dancer
Dancer, That's just not how the court system works. Judges don't have the authority to alter a judgement. That's a solid court order. The only relief will be to return to the court that issued the judgement and petition to have it vacated. An RO isn't going to work either. It won't survive first contact with the FH's lawyer when he files his emergency appeal and lets the judge know it's over collecting a debt in which the creditor does have a valid judgement. Look, I feel for the guy but none of this is going to help because it just isn't realistic. He's got to pay, get the juudgement vacated or, prepare to file bk because the next step is going to be a wage garnishment.
keepmine, I will bow to your superior knowledge on this issue. But personally, I wouldn't bet on a judge not telling the FH director to take the payments he's getting and be a good little stooge, especially if he pisses the judge off. I've seen it happen. Dancer
