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HelpfulInfoLady · Posted: Wed Aug 08, 2007 12:21 pm Subject: Court & Judgement can you help?

I will be going to court soon and yes I answered the letter I was sent within the 20 days.I got a paper with a court date.Now my question is what will happen or can anyone tell me so Im a little more prepared?They say they are seeking a judgement however I have set up an appointment with a credit counseling agency as well as a Bankruptcy Attorney.Now I know the attorney cant do anything until my $800 is fully paid but with the credit counseling and all is there a way to stop this court procedding or the judgement?I know once Im able to file bankruptcy all this stops.ANy help/advice would be greatly appreciated .I need some rest from this.

Posted: Wed Aug 08, 2007 12:57 pm Subject:

Talk to the credit counseling company immediately. They can call your credit company and try to get some arrangements done before the court proceeding starts. If the arrangement gets done, the creditor will withdraw the case from the court and there won't be any legal actions against you. Remember, most DMP companies will not be able to help after a judgment is placed against you. So, you have to be quick on your actions.

Eddie in Florida · Posted: Wed Aug 08, 2007 12:57 pm Subject:

As I understand them, the bankruptcy laws (revised in 2005) wipe out most debts, liens and judgements. On a judgement, it doesn't matter if it's in the process or you already have one. The bankruptcy places a "stay" on everything. Even if you have to go to court on a judgment or lawsuit, before your bankruptcy attorney actually files the paper on your bankruptcy, just go because it doesn't matter how it turns out. Once your BK papers are filed, whatever is going on has to stop. You should consult with your BK attorney about this. Not long ago, someone else on here mentioned that they even included in their DV letter that they were "scheduled for pre-bankruptcy counseling", which is required. After mentioning that to the CA attorney, nothing ever happened. Often if they know you fully intend to file bankruptcy, it becomes a waste of their time and money to pursue a lawsuit. Some may still pursue you and take the position that you are "bluffing". So be it. Once you file, it's over. Some debts are not dischargeable in bankruptcy...like taxes you owe or child support payments and things of that nature. Again, ask your BK attorney. He is an expert.

Sandra Ayres · Posted: Fri Apr 04, 2008 7:18 am Subject: judgement

I have a court date for a judgement its for credit card debt that a collection agency has purchased, should I call them and tell them Im filing for banckruptcy, Im worried they will garnish my joint acc! can they do that in Virginia if its only one partners debt.

Posted: Fri Apr 04, 2008 10:01 am Subject:

I think they can place a levy on the account if your name is on it. As for garnishment here is what VA state law states:

Virginia uses the federal wage exemption.

The maximum part of disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of;

1. 25% of disposable earnings for that week, or

2. The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum wage.

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