Problem with a debt collector.

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wembley

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States involved are Massachusetts and Oklahoma.

I received a letter from an attorney in Massachusetts last week. I now live in Oklahoma. Evidently I had a judgement against me from 1999 for a credit card bill. I never even received a notice to appear in court, I was told that an ex-roomate had signed the certified letter with the notice. The judgement was for $3500. I was told by this attorney that judgements are enforceable for 20 years and that he was going to come take my car and auction it off. I believe in paying what I woe so I called and tried my best to set up payment arrangements and he would not even consider it. I am currently unemployed and collecting unemployment and obviously need the car to find work. My questions are a few.

1)Since this attorney bought the debt do I owe him? After all I owed the Credit comapny.

2)Can he take my car? I owe 9,000 on the car still so technically doesnt the bank still own it?

3)Should I sign the car over to my brother/sister/girlfriend? Is that even legal?

The fact is I am willing to pay the bill, I just cannot draw blood from a stone and need to make payments. I do not want to get stuck paying for car that is in this leeches hands. Thanks in advance for any advice.
 
I'm in a very similar situation and know very little but I can tell you this:

3)Should I sign the car over to my brother/sister/girlfriend? Is that even legal?

It won't help. I transferred a title into my mother's name and I just had a hearing on Monday where they inquired about it. Then Friday, I received a letter saying they were reversing the title swap and I've got another hearing Friday.

Good luck to you, I sincerely mean that and I feel your pain!
 
i'm not familiar with the applicable state laws, so this is just my opinion (as always)

1) you owe the judgment creditor. the judgment creditor can assign the debt (giving the assignee all the rights that were the creditors) to anyone they so choose.

2) depending on (your) state law, yes. they may also be able to attach wages, levy bank accounts (and third parties), lien any property you own, and seize other personal property they wish.

3) no. it's not legal to transfer an asset to avoid a creditor. it wouldn't help you anyway.
 
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