Bullet proof? What does that mean?

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Jul 22, 2008, 11:32:57 PM7/22/08
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Collection agency/harrassment
Question: QUESTION: I'm writing on behalf of my brother (he's 47). He
acquired a student loan in 2004. Due to medical problems, he lost his
job, has struggled to try to find work, ultimately the bank took over
his house & I went out to California from New York to move him to stay
with my mother in Georgia in March '08. Somehow this collection agency
found his new location & since then have been calling/harrassing both
he & my mother. He's had MRIs, various tests to diagnose his problems
which appear to be neurological affecting both his mentation, walking,
taking care of himself. This collection agency have threatened him &
he asked me if I could do anything. He has no money. He's always been
very independent proud & it kills me to see him this way and now being
harassed.If he had the money, he'd pay.I've supported him for over 1
year when his condition became apparent & he could no longer live
alone. He did keep his 1995 p/u truck which is paid for. I had nothing
to do with the loan,do not have ANY money to pay them nor does my
mother who's retired on very limited income. What can he do? They
continue to harrass my mother who's quite upset & I worry about her
medical condition. I suggested anonymous call blocking and to tell
them that as he has no money, they'll have to do what they deem
necessary. Should he sign title to the truck over to my mother or
myself? What can they do to him? He's applying for Medicaid & Social
Security, disability as he literally has no money. I hope that you
understand my question, concerns and will answer soon. Thank you so
much for your attention.

ANSWER: Sounds to me like you are all just about judgment proof. They
can get judgments but since you have nothing, little or no income
there just isn't much they can actually do to you.


---------- FOLLOW-UP ----------

QUESTION: Thanks for responding. I'm not sure what you mean by
judgement proof-can you please elaborate? Also, should my brother sign
title on his one asset-the truck over to me, mother? Thanks again.

Answer: I believe that I did explain what is meant by judgment proof.
It is also sometimes called "bullet proof" and means that you have no
assets and no income that can be found or garnished. For instance, you
say your brother has no assets and little or no income. Oldsters or
those on disability pensions are judgment proof because their incomes
cannot be garnished by anyone other than the government. Many people
such as those who do nothing but odd jobs or handyman work or maybe
window washers who own their own business are also considered judgment
proof because they go down the street from store to store and make a
few bucks cash, collect on the spot and are gone are also judgment
proof.

There simply isn't any practical way that they can be followed from
little job to little job and grab the money from them.

Now, should you worry about the truck? Not really. It is too old and
is his only means of transportation. They won't touch it because they
can't get enough out of it to make it worth while and can't because
the law won't allow it in most states. You would have to check your
state laws to see whether taking someone's only means of
transportation is allowed or not.

Collection agency/harrassment
Question: QUESTION: I'm writing on behalf of my brother (he's 47). He
acquired a student loan in 2004. Due to medical problems, he lost his
job, has struggled to try to find work, ultimately the bank took over
his house & I went out to California from New York to move him to stay
with my mother in Georgia in March '08. Somehow this collection agency
found his new location & since then have been calling/harrassing both
he & my mother. He's had MRIs, various tests to diagnose his problems
which appear to be neurological affecting both his mentation, walking,
taking care of himself. This collection agency have threatened him &
he asked me if I could do anything. He has no money. He's always been
very independent proud & it kills me to see him this way and now being
harassed.If he had the money, he'd pay.I've supported him for over 1
year when his condition became apparent & he could no longer live
alone. He did keep his 1995 p/u truck which is paid for. I had nothing
to do with the loan,do not have ANY money to pay them nor does my
mother who's retired on very limited income. What can he do? They
continue to harrass my mother who's quite upset & I worry about her
medical condition. I suggested anonymous call blocking and to tell
them that as he has no money, they'll have to do what they deem
necessary. Should he sign title to the truck over to my mother or
myself? What can they do to him? He's applying for Medicaid & Social
Security, disability as he literally has no money. I hope that you
understand my question, concerns and will answer soon. Thank you so
much for your attention.

ANSWER: Sounds to me like you are all just about judgment proof. They
can get judgments but since you have nothing, little or no income
there just isn't much they can actually do to you.


---------- FOLLOW-UP ----------

QUESTION: Thanks for responding. I'm not sure what you mean by
judgement proof-can you please elaborate? Also, should my brother sign
title on his one asset-the truck over to me, mother? Thanks again.

Answer: I believe that I did explain what is meant by judgment proof.
It is also sometimes called "bullet proof" and means that you have no
assets and no income that can be found or garnished. For instance, you
say your brother has no assets and little or no income. Oldsters or
those on disability pensions are judgment proof because their incomes
cannot be garnished by anyone other than the government. Many people
such as those who do nothing but odd jobs or handyman work or maybe
window washers who own their own business are also considered judgment
proof because they go down the street from store to store and make a
few bucks cash, collect on the spot and are gone are also judgment
proof.

There simply isn't any practical way that they can be followed from
little job to little job and grab the money from them.

Now, should you worry about the truck? Not really. It is too old and
is his only means of transportation. They won't touch it because they
can't get enough out of it to make it worth while and can't because
the law won't allow it in most states. You would have to check your
state laws to see whether taking someone's only means of
transportation is allowed or not.

Collection agency/harrassment
Question: QUESTION: I'm writing on behalf of my brother (he's 47). He
acquired a student loan in 2004. Due to medical problems, he lost his
job, has struggled to try to find work, ultimately the bank took over
his house & I went out to California from New York to move him to stay
with my mother in Georgia in March '08. Somehow this collection agency
found his new location & since then have been calling/harrassing both
he & my mother. He's had MRIs, various tests to diagnose his problems
which appear to be neurological affecting both his mentation, walking,
taking care of himself. This collection agency have threatened him &
he asked me if I could do anything. He has no money. He's always been
very independent proud & it kills me to see him this way and now being
harassed.If he had the money, he'd pay.I've supported him for over 1
year when his condition became apparent & he could no longer live
alone. He did keep his 1995 p/u truck which is paid for. I had nothing
to do with the loan,do not have ANY money to pay them nor does my
mother who's retired on very limited income. What can he do? They
continue to harrass my mother who's quite upset & I worry about her
medical condition. I suggested anonymous call blocking and to tell
them that as he has no money, they'll have to do what they deem
necessary. Should he sign title to the truck over to my mother or
myself? What can they do to him? He's applying for Medicaid & Social
Security, disability as he literally has no money. I hope that you
understand my question, concerns and will answer soon. Thank you so
much for your attention.

ANSWER: Sounds to me like you are all just about judgment proof. They
can get judgments but since you have nothing, little or no income
there just isn't much they can actually do to you.


---------- FOLLOW-UP ----------

QUESTION: Thanks for responding. I'm not sure what you mean by
judgement proof-can you please elaborate? Also, should my brother sign
title on his one asset-the truck over to me, mother? Thanks again.

Answer: I believe that I did explain what is meant by judgment proof.
It is also sometimes called "bullet proof" and means that you have no
assets and no income that can be found or garnished. For instance, you
say your brother has no assets and little or no income. Oldsters or
those on disability pensions are judgment proof because their incomes
cannot be garnished by anyone other than the government. Many people
such as those who do nothing but odd jobs or handyman work or maybe
window washers who own their own business are also considered judgment
proof because they go down the street from store to store and make a
few bucks cash, collect on the spot and are gone are also judgment
proof.

There simply isn't any practical way that they can be followed from
little job to little job and grab the money from them.

Now, should you worry about the truck? Not really. It is too old and
is his only means of transportation. They won't touch it because they
can't get enough out of it to make it worth while and can't because
the law won't allow it in most states. You would have to check your
state laws to see whether taking someone's only means of
transportation is allowed or not.

Bill Bauer
405-684-9297
405-227-9423

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