Saturday, June 7, 2008

Debtor Responses And The Myth of The Bankruptcy Threat Part -1st

Unlike collection agencies, my office does not call debtors. Instead, debtors call my office. They either call once they receive an attorney demand letter or if they don't call then, they call once they are served with a lawsuit, or if they don't call then, they call once a judgment has been taken against them. In most cases, the debtor doesn't even show up in Court and a judgment is taken by default in their absence. The defendant debtor learns of the judgment through a letter they receive from any number of local bankruptcy attorneys who pay college students to go through the court records daily and make a list of everyone who has a judgment taken against them. The debtor would then receive a letter from a bankruptcy attorney saying, "Michael Herrin's client just took a judgment against you. I can help you get out from under that judgment by filing bankruptcy for you." Regardless of when, eventually the debtor calls my office.

When the debtor calls my office, invariably I hear only one of four things.

First and rarest, I want to pay the debt in full. Believe it or not, that is the least often statement heard. It does happen, but not as often as the remaining three.

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