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Court & Judgement can you help?

Date: Wed, 08/08/2007 - 12:21

Submitted by anonymous
on Wed, 08/08/2007 - 12:21

Posts: 202330 Credits: [Donate]

Total Replies: 10


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.


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.


lrhall41

Submitted by Bony on Wed, 08/08/2007 - 12:57

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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.


lrhall41

Submitted by on Wed, 08/08/2007 - 12:57

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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.


lrhall41

Submitted by on Fri, 04/04/2008 - 07:18

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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.


lrhall41

Submitted by JCEMT on Fri, 04/04/2008 - 10:01

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After having home repo in 2004, never heard from anyone until July 27, 2009. Now have a collection agency call me and give me 3 days to settle the account. I live in Texas and they are in California. They sent the settlement agreement letter, which I received Friday, and they want their money by Monday or say they will take me to court. No way I could get the payment there in time over the weekend. Can they take me to court and put a lien on my property or my current house, or bank account. What can they actually do to me?


lrhall41

Submitted by on Sun, 08/02/2009 - 10:59

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hang on gec--you live in Texas, so you MUST do some research on this one. Texas has the best laws in the country for you right now--you MUST send them a debt validation letter immediately by certified mail. Do some checking, and on this forum, you want to look up a member named 'nascar devil'.....he can tell you all about texas collection laws.

Do NOT pay these people one penny until you check these laws out and send them that certified DV letter!!!


lrhall41

Submitted by on Sun, 08/02/2009 - 19:39

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