surviving a summons

I don't know a lot about this but from what i have read when you go to court it will look favorable on you that you are with a debt settlement company and are making an effort to take care of your debts so the judge may make payments that you can afford...

It also depends on how your court system works.

For example - In my state, you cannot claim you are "judgement proof" (broke). But both parties are required to go through mediation first, which can give you a chance to work out payment arrangements. Otherwise, it will go before the judge, who will only rule for or against the judgement. If the judge rules for the judgement, it is due and payable by 5pm that day, or else the creditor can start garnishing your wages or attach your bank account. The judge could care less if you'd been making an effort, the only question before the judge is if you legally owe what the creditor is asking for.

Now, that is only in my state, Oregon, so things may be different is your state.

Did you check with the court to make sure that it is a real summons. Some of these low lifes will send you an official looking piece of paper that is simply a scare tactic. Also has your consolidation company been in contact with them at all prior to this?

That is something I don't understand. From you're posts yesterday I got the impression that you hadn't been served yet . . . . So how did you get the summons? Have you called the courthouse to verfiy that it's legit? If so, make sure to file an answer, or else a default judgement will be entered against you.

It came out in the paper.

Cival suit, money judgment under 10,000.

It says summons issued, however we have not been served. This is why I am thinking they saw we had no assets and just will not persue.

I wouldn't assume that . . . . I would call the court and find out how to file your answer. Usually you can request a hearing. Then you can go before a judge and plead your case. Until you have confirmation from the courts that the case has been dropped, I would act like it was still going on. It could be they just haven't been able to serve you yet.

Also, you could try calling the company and trying to set up some payment arrangements.

I just went to court a couple days ago on a similar type suit. If it's anything like me state, you will have a chance to arrange payments, but only if the company accepts.

If a police officer hasnt served you papers then you do not have a summons to court. I would call the courthouse to verify just to be 100% sure something sneaky did not happen but 99.999% you have to be served in person and the papers will list your court date. If you go to court and they can show you owe the money the judge will find in their favor and basically say you owe the money. The company then has to go through the court again to garnish wages and take assests but it all has to be court approved and that is when your paper work will really come in handy to prove you have no money. Basically a judge isnt going to let 50% of your weekly wage to be taken to make a payment if it puts major hardship on the rest of your finances.

Ok, so basically, you go to court and Judge says you owe money. THEY CAN'T garnish your wages at that time? Am I understanding this right?
They have to again go to court.

Well, it is my understanding that the credit card companys pull your assets and determine if you if you anything at all they can get repayment of. Since we own nothing, chances are they will not take it to court further to garnish wages. I pulled up my fathers public records and almost all of them were dismissed and he never had to go to court.

I have not been served as of: 5/16 and the civil suit was issued on 5/7/07. Ten days have already passed and nothing. Most I look up on public records are served that day or the day after.

I will continue to keep a close eye on the acct.

Thanks

Yes, once they get a judgement they then have to file more paperwork to get a garnishment going. But they can do this fairly fast, depending on your courts process. In my area they can file for garnishment the same day, and will usually have the order within a week or so.

Yes you go to court and the judge says you owe the money. The judge will probably waive bogus fees that the company tries to charge you like excess interest and penalties but the judge will find in the companies favor for the principal owed and a reasonable amount of interest more than likely. The company would then need to file paper work to garnish your wages to the court and the court would decide the amount per paycheck based on your circumstances. A company can not just walk in and take whatever they want out of your paycheck even if they have a judgement against you for the amount of money owed to them.

It takes a while to get to this point. You have not even been served yet it sounds like to me. Personally I would try to settle it before it went to court. I would shoot for 30% of the amount owed and work my way up to 50%. Dont do this unless you actually have the money to pay them. Make sure you get the settlement in writing and it says settled in full. I once settled a debt for 30% owed and about a year later they sent me a bill. I had to pull out the paper work and send it all to them including the canceled check.

Goudah is correct. It will probably take them a week to get the court order on the garnishment after they get the judgement on the amount owed. I doubt they have any formal hearing on the garnishment. It will all be done on staff level and will only need the judges final signature probably.

Yeah, at least that's how it is where I live . . . . They can also only garnish up to 25% of your check.

Well, we have not been served yet.

I called a couple attorneys in the area and they said through their experience that the Judges will toss out the judgement and rule on our behalf if we can provide verification that we are in the debt settlement company and trying to do this as an alternative to bankruptcy. They also said that the Judge respects the consumers for doing this and trying to make things right. SO, I will knock on wood and pray to the LORD.