09/14 Court Date - Discussion and Speculation

[talk talk talk]

Do "point in time" garnishments exist in the US? That's when a creditor garnishes up to the balance of your bank account on a one time basis without notice. They're used a lot by the government here when people either don't make or don't keep payment arrangements and they certainly get people's attention.

Generally, yes. Keep in mind that every state has its own individual procedures, so it's hard to answer this question phrased as "in the US" as a whole.

There are exemptions (I checked Virginia) for public benefits, but generally the money in the account is frozen even if it is exempt while the exemption is sorted out.

 

[DonaldJTrump]

Nothing's gonna Happen, The Court, the Bank, Chris and Barb will shit themselves and do Nothing.

 

[cruderudedude]

Nothing's gonna Happen, The Court, the Bank, Chris and Barb will shit themselves and do Nothing.

Let's just throw the entire state of Virginia in there for good measure

 

[DragoonSierra]

The property, a shithole, is in negative equity

Citation Needed.

Both are vulnerable, legally speaking, and I can't imagine Capital One collections being able by federal or state law to enforce possession or payment orders on an autistic pants crapping crossdresser and his geriatric haggard death's door mother.

Law says nothing about any of this.

They WILL be able to put the equivalent of a CCJ on her record however, preventing her from taking any additional credit out. They might write the debt off if the Chandler's genuinely have no spare money but they may also be able to take cash directly from Snorlax's tugboat if they can reasonably prove that they can maintain themselves on a budget, with token payments on a monthly basis to evidence futile repayment - depending on if the law permits this.

CCJ? You live in the UK correct? None of what youve said works like that in the US. Tugboats themselves cant be garnished directly. The bank accounts they go in however can be garnished. If you do direct deposit then the the bank must according to law protect up to 2 months of SSI that is currently in the bank account. The rest they can garnish. Realistically though Barb probably doesnt have any money in the bank. And as for more credit... creditors are happy to give your more rope to hang yourself with.

Basically she'll get a permanent flag on her credit record far, far too late into her life when it'll mean next to nothing. This will only affect Chris and Barb as much as they will be entirely reliant on their tugboats with no ability to use credit for the foreseeable future, if the courts declare them insolvent.


So we can all look forward to more and more desperate begging videos and Chris deteriorating mentally even more as he realises his access to lego and Pokemon has become limited yet again.

Chris isnt a part of this legally speaking... yet.

Well, it's not "their" home anymore. It's got a mortgage taken out on it.

We assume.

Up to $5,000.00 worth of household crap is exempt from process. Va. Code. § 34-4. There are a couple other specific and strange exemptions in Section 34 (like the family Bible) that might protect more crap. I have only seen a creditor go after household stuff once and that was under some very strange circumstances.

I haven't checked Virginia specifically, but I would not be surprised if any judgment would be a lien on the real property, but execution (foreclosure and sale) is somehow barred. It's something that would have to cleared up if the property was ever sold and would prevent a refinancing without being paid off. Even if execution is not barred, foreclosure is a real pain if you are not the mortgage holder.

Generally creditors like to garnish bank accounts. Fast and easy.

It is in fact double that amount for the disabled or people over 65. So its $10K for Barb. This is still a paltry amount. Most other states are more generous with their exemptions with some up to $150K. Virginia last updated the exemption in the 1970s back when $10K was worth around $57K

 

[talk talk talk]

Citation Needed.

It is in fact double that amount for the disabled or people over 65. So its $10K for Barb. This is still a paltry amount. Most other states are more generous with their exemptions with some up to $150K. Virginia last updated the exemption in the 1970s back when $10K was worth around $57K

I haven't followed these exceptional threads, so I didn't know Barb qualified for the extra exemption.

The smaller exemption amounts are for household chattel crap. Most people's crap isn't worth $5,000 or $10,000.

The big money exemptions are for homesteads. I didn't do any research into whether Virginia has a homestead exemption that is worth anything.

 

[Apocalypso]

Nobody cares about this case!

I guess the outcome would be BARB-bitrary.

 

[TheUltimatePickle]

I'm not a massive corporation, but I've won lawsuits. It's excruciatingly hard to actually collect the money, even if the people have it, which I sincerely doubt Barb does.

It'll probably destroy her credit but not much else.

 

[DonaldJTrump]

I'm not a massive corporation, but I've won lawsuits. It's excruciatingly hard to actually collect the money, even if the people have it, which I sincerely doubt Barb does.

It'll probably destroy her credit but not much else.

Agreed, I highly doubt any sane person much less a Bank would see anything in that hoard worth anything, including their cars which Chris got his from one of those shady dealers where theyll take any credit.

 

[repentance]

The smaller exemption amounts are for household chattel crap. Most people's crap isn't worth $5,000 or $10,000.

How do they value it? They've got a house full of relatively new furniture and appliances thanks to the fire but it would fetch fuck all at a sheriff's auction, which is how stuff which is seized to satisfy a judgement gets sold here (you're literally better off selling it yourself than letting it get seized).

 

[DonaldJTrump]

How do they value it? They've got a house full of relatively new furniture and appliances thanks to the fire but it would fetch fuck all at a sheriff's auction, which is how stuff which is seized to satisfy a judgement gets sold here (you're literally better off selling it yourself than letting it get seized).

Even that new furniture is probably filthy, reeks like Shit.

 

[talk talk talk]

How do they value it? They've got a house full of relatively new furniture and appliances thanks to the fire but it would fetch fuck all at a sheriff's auction, which is how stuff which is seized to satisfy a judgement gets sold here (you're literally better off selling it yourself than letting it get seized).

Pretty much the same here.

 

[DragoonSierra]

I haven't followed these exceptional threads, so I didn't know Barb qualified for the extra exemption.

The smaller exemption amounts are for household chattel crap. Most people's crap isn't worth $5,000 or $10,000.

The big money exemptions are for homesteads. I didn't do any research into whether Virginia has a homestead exemption that is worth anything.

i believe its for everything personal property and real estate

 

[Lurkman]

When does Barb pay off her debt to this bank again?

oh yeah thats right, she'll be dead soon so it won't matter! thats the right way to go about your finances now isn't it?

If this is how Barb truly thinks about her finances, why didn't she just kill herself when that other bank sued her? (or when she did that mortgage bullshit with the house)

 

[Tubular Monkey]

I don't think any of us really care what happens with Barb. We all know that she's going to sit in that house for the rest of her life. The remainder of her life will be spent watching TV, fading in and out of lucidity. The only potentially interesting thing is how this impacts Chris. He'll be in debt with that house for more than it will ever sell for. When Barb ascends to the Heavenly Hoard, Chris will be left with a house he'll never own, a ton of personal debt, and probably just enough money to keep the lights on and his stomach full. Enjoy it while it lasts, Chris. These are actually your good times.

 

[Feel My Comeuppance]

I'm looking at Virginia court case records, and I'm not finding this case anywhere.
When I search under Albemarle regional, I find a Trespassing case from Chris in 2006.
For Charlottesville, I find Chris and Barb's cases from the Game Place incident in 2011/2012.
When I search Civil cases (I presume this is a civil case), I can't seem to find anything...
Richmond civil cases doesn't turn up anything either, neither does Harrisonburg
What am I doing wrong?
Here's the site I'm using: https://eapps.courts.state.va.us/gdcourts/captchaVerification.do?landing=landing

Where are you finding that 2006 trespassing case? I can't locate it.

 

[Smol Pupper]

Where are you finding that 2006 trespassing case? I can't locate it.

It's in Albemarle Regional Court cases, I believe in the Criminal section.
I'd post a picture, but Kiwi Farms doesn't seem to be letting me do so at the moment. Here's what I could copy:

Spoiler

Case/Defendant Information
Case Number : GC05009340-00 Filed Date : 07/21/2005 Locality : COMMONWEALTH OF VA
Name : CHANDLER, CHRISTIAN W. Status : Defense Attorney :
Address : RUCKERSVILLE, VA 22968 AKA1 : AKA2 :
Gender : Male Race : White Caucasian(Non-Hispanic) DOB : 02/24/****
Charge Information
Charge : TRESPASS
Code Section : 18.2-119 Case Type : Misdemeanor Class :
Offense Date : 07/20/2005 Arrest Date : 07/20/2005 Complainant : OFFICER BAGGETT, M. 90 ACPD
Amended Charge : Amended Code : Amended Case Type :
Hearing Information
Date Time Result Hearing Type Courtroom Plea Continuance Code
10/04/2005 12:00 AM Continued
04/04/2006 12:00 AM Finalized
Service/Process
Disposition Information
Final Disposition : Dismissed
Sentence Time : Sentence Suspended Time :
Probation Type : Probation Time : 00Years 00Months 000Days Probation Starts :
Operator License Suspension Time : 00Years 00Months 000Days Restriction Effective Date :
Operator License Restriction Codes :
Fine : Costs : Fine/Costs Due :
Fine/Costs Paid : Fine/Costs Paid Date : VASAP :

This info is nothing new, actually. It's already on the CWCki:
Officer Bagget - Sub-Episode 7

 

[cruderudedude]

including their cars which Chris got his from one of those shady dealers where theyll take any credit.

But Sonchu transforms into a robot, that has to be worth a few grand right?

 

[InTheSidePocket]

But Sonchu transforms into a robot, that has to be worth a few grand right?

Son-chu left Chris when he sided with Hitler and the Decepticons.

He now works around the clock keeping the Autobahn safe from autistic invaders.

 

[Feel My Comeuppance]

It's in Albemarle Regional Court cases, I believe in the Criminal section.
[. . .]
This info is nothing new, actually. It's already on the CWCki:
Officer Bagget - Sub-Episode 7

Oh, yeah, I knew of the incident. I just can't find the case with the search for some reason. What's the address of the page you were searching from? Is the wording on the page "Albemarle Regional?"

Anyway, here are links to screencaps of the case details for anyone who hasn't seen them.

http://sonichu.com/cwcki/File:20050720-GC05009340-00.png
http://sonichu.com/cwcki/File:20050720-GC05009339-00.png

 

[Holdek]

Agreed, I highly doubt any sane person much less a Bank would see anything in that hoard worth anything, including their cars which Chris got his from one of those shady dealers where theyll take any credit.

I guess it mostly depends on if the creditors are able to figure out how much a certain someone would pay for Bob's clothes.