Collecting from Alliance One
Posted: Wed Jan 27, 2010 9:09 am
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The Court's Order is a Judgment so you can levy on any of their assets. It
would be interesting for you to levy on one of their mortgage notes, i.e.
force a mortgage borrower to pay you instead of them, but I don't know that
that is worth the effort. The more traditional approach is to domesticate
the judgment in their home state or perhaps take a judgment debtor exam here
since they are "present" for personal jurisdiction purposes. Locate their
bank accounts and levy. Sounds like a lot of fun to me.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Nicholas Gebelt
Sent: Tuesday, January 26, 2010 7:08 PM
To: cdcbaa@yahoogroups.com
Cc: Nicholas Gebelt
Subject: [cdcbaa] Collecting from Alliance One
I have a Chapter 13 debtor who has been in her confirmed plan for a couple
of years. Alliance One and another collector tried to collect money from
her on behalf of Capital One, so we filed an OSC motion. The other
collector settled so we dismissed our motion against them. Now our motion
is just against Capital One and Alliance One. Neither entity filed a
response or attempted to contact me.
Judge Ahart's tentative for tomorrow's hearing awarded us damages, plus
punitives, against Alliance One, but nothing against Capital One.
Appearance is excused, and I am to lodge an order within the next seven
days.
My question: How do I collect from Alliance One? If they refuse to pay,
what recourse do I have? They are located in Trevose, PA.
Thanks for any insight.
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2deb t.com
Web: www.goodbye2debt. com
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Message
The Court's Order is a
Judgment so you can levy on any of their assets. It would be interesting
for you to levy on one of their mortgage notes, i.e. force a mortgage borrower
to pay you instead of them, but I don't know that that is worth the
effort. The more traditional approach is to domesticate the judgment in
their home state or perhaps take a judgment debtor exam here since they are"present" for personal jurisdiction purposes. Locate their bank accounts
and levy. Sounds like a lot of fun to me.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.