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what happens when you are sued by creditor?

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PostPosted: Sat May 31, 2008 12:33 pm Subject: what happens when you are sued by creditor?

I'm looking for someone who has been sued by a creditor..Can you post exactly what happens and what the outcome was? Like from the beginning to the end... I've not been sued, but some day might be, I really want to understand the process or can someone tell where to look to get this kind of information?

I'd also like to know if you are sued and the creditor wins, is this when and/or how your wages get garnished or do you just have to make pmt arrangements and stick to them?

Thanks Reny

lmale



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PostPosted: Sat May 31, 2008 12:50 pm Subject:

I have been sued by a creditor and didn't take it seriously when I was younger. From what I remember you will receive a summons to appear in court after you have been notified (I want to say within 30 days) the hearing will take place. Make sure that you go to this court hearing or the creditor will get a default judgment. At least with your appearance in court the judge might look more favorably on you and not just grant the amount that the creditor is requesting and order the creditor to work payment arrangements out with you.

When you have your wages garnished (happened to me also Embarassed ) They have to go by a worksheet and they are only able to garnish a percentage of your check, it will be less if you are head of household. With garnishments those are court ordered (I think)so I don't think at that point you are able to work with them for payments that is why you need to attend the court hearing so the judge can order them to work out payment arrangements with you. If you enter into payment arrangements make sure that you can afford them or you will be back in the same spot.

Other's will be along to advise your further.

ladybug

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PostPosted: Sat May 31, 2008 4:37 pm Subject:

Ladybug is correct. If you get sued, they usually give you 20-30 days to respond. Please do whatever is necessary to respond to the lawsuit. I did that (See my post"Its been a year...") and after a year they want to file a judgement against me, because according to them, we have not replied. Well, I have news for them... we are going to court on June 18th and we are going to win. We have all the evidence that we responded and our intention to defend, and they never responded. I will keep everybody posted on the results.
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PostPosted: Sat May 31, 2008 4:42 pm Subject:

Good luck to you...I hope that you WIN!!!!!!!!!! Let us know.
ladybug

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PostPosted: Sat May 31, 2008 8:21 pm Subject:

Be proactive. If you know why you might be sued its probably possible to resolve things voluntarily.

If the creditor gets a judgement against you, that judgement is good for ten years. So a creditor is more likely to sue a twenty-something with no assets because the likelihood of their situation changing is quite good. What Im saying is that the financial damage of a judgement against you might not be felt for years. I hope you are able to find a way to avoid getting sued.

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PostPosted: Sun Jun 01, 2008 12:56 pm Subject:

Troll-spew deleted. Have a nice day. ~ Uncle Wulf
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PostPosted: Sun Jun 01, 2008 3:58 pm Subject: Bankruptcy discharge

Even if you were sued and a judgement is set up against you, if that debt that you are being sued for winds up as a judgement, can you include this debt in bankruptcy? If you can and the debt is discharged, than legally they can't come back ten yrs. from now trying to collect. Is this correct?
meircats

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PostPosted: Sun Jun 01, 2008 4:25 pm Subject:

All debts legally included in bankruptcy and discharged are forever gone.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Mon Jun 02, 2008 3:50 pm Subject:

if you cant afford to pay then you might have to file bankruptcy, but before that look at debt settlement first which is something you can do yourself.
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