Can I force an attorney to sue me over a credit card debt so I can be declared dislodgement proof ?

Asked over 1 year ago - Concord, NH

I lived in Florida until about May 2007 , moved to Tennessee briefly , then moved to New Hampshire . I have not been back to Florida for over 5 years , 9 months . The last credit card payment I made was December 2007 . Creditors have contacted me over the years and I gave them the current address , but nothing else . This debt is effecting my credit and ability to find an apartment . Can I force the creditors to sue me , so I can be declared judgment proof ? Can something be done to stop tolling the debt , over and over , between the different third - party creditors that buy it ? I have no ability to pay , am not disabled , and also owe on student loans totaling $ 35 , 000 .

Attorney answers (3)

  1. Gary D. Bollinger

    Contributor Level 19

    3

    Lawyers agree

    Answered . You wrote, "Can I force the creditors to sue me , so I can be declared judgment proof ?"

    A: No.

  2. Matthew Scott Berkus

    Contributor Level 20

    3

    Lawyers agree

    Answered . You could file bankruptcy. That will stop all the continued negative reporting and allow you to actually rebuild credit. Bankruptcy is how you accomplish the goals you indicated.

    As to your questions.

    1. Can I force the creditors to sue me, NO
    2. Can I be declared judgment proof, there is no such declaration...except bankruptcy.
    3. Can something be done to stop tolling the debt...declare bankruptcy, otherwise, no.

    At some point, the debt will pass beyond the statute of limitations, but that doesn't necessarily stop collection. All it means is that if you are sued, and the debt is outside the statute of limitations, you can have the case dismissed. Generally, negative entries on your credit report have a 7 year lifespan, but as the debt gets traded around, you will spend countless hours and hassle trying to dispute new negative entries.

    Whether you like it or not, bankruptcy is the only thing that will accomplish what you set out in your question.

  3. Carl H Starrett II

    Contributor Level 16

    3

    Lawyers agree

    Answered . You cannot force someone to sue you and there is no such thing as "judgment proof": http://blog.chs-law.com/2010/07/think-you-are-j....

    If you want to get rid of the debt and cleanup your credit, you'll probably need to file for bankruptcy.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more

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