paying a judgement

I'm assuming you're not being garnished on this judgement? At this point you can contact the creditor and set up a payment plan. You're probably going to have to pay more than you want. Explain to them any financial problems you might have. Prove to them that you are willing to pay it..and want to. If you don't follow the payment plan, they can file for a garnishment.

Hi alfredarreguin

I am sorry to hear your case. The court might have fixed your payment plan in the judgment. You will have to pay according to the plan. What type of judgment have you got? Most of the times, wages are garnished from the paystub. Under the laws, you are required to pay within 25% of your disposable earning for the week.

The laws on judgment vary from one state to another. Check with your attorney general office for the laws on wage garnishment. I think that wages cannot be garnished in Texas. Read this link for information on wage garnishment in your state.

http://www.fair-debt-collection.com/state-wage-garnishments.html#44

Move to Texas?

actually...It's 25% disposable for a PAY period, which is not necesarily one week, generally it's 2.

And..Gretchin is correct, I didn't notice earlier that you're from Texas. The only things that you can be garnished for in Texas are IRS, child support, and at times, criminal judgements.

Quote:

That is correct, you can't be garnished for regular debt in Texas. Have you appealed the judgement? Did you demand validation in the discovery process? I wouldn't let that judge do this to you...plead to a higher court, that is what appeals are for!

Is it true that a judgement from a creditor can allow them to remove funds from my bank or credit union? How would they access that information and what do you recommend if I am unable to pay them at this time?

With a judgement they can seize the contents of your bank account. They simply send letters to all the banks in your area until they get a hit.

... or they can call you in for interrogatories, and make you answer under oath where you have any bank accounts at. That's assuming you'd tell the truth, but if you got caught lying then you can face jailtime for perjury.

Your best bet might be to call that attorney and work out a payment arrangement. Usually if they have you on a payment plan, then they're not going to be looking for your bank accounts.

What if you have bank accounts for businesses that are jointly owned. I would assume they cannot seize the contents of a bank account under a business name that has your name as well as other partner's names on it, correct?

there was a judgement filed by the creditor-can they sieze my bank account -I am in houston texas

there was a judgement filed by the creditor-can they sieze my bank account -I am in houston texas

How can I enforce a court ordered judement. What are the consequences if that party doesn't pay? I live in Illinois.

In Illinois, you need to find out how to file a writ to garnish wages,(up to 15% of disposable income), and to levy a bank account. If the debtor does not pay voluntarily, then these are your best options. You cannot "force" the other party to pay. You cannot have them arrested for example.

If you know where they work, then filing a wage deduction is actually pretty easy now that you have the judgment.

If you don't know where they work, you can file a Citation to Discover Assets; whereby the court will require them to come in and answer under oath any income/assets they have that might be available to satisfy the judgment.

A Citation, as I've discussed on other threads, is a very powerful tool in IL and can actually lead to arrest if they ultimately don't show up to court. A citation acts as an automatic "freeze" on any assets; legally they cannot touch their bank account after a citation is executed, and if they do they can face contempt. However, a citation does require service, and so you have to be able to serve them before it is effective.

I live in TX, I have a judgement on my credit report. My husband is trying to get financed to purchase a home. However, the mortgage broker said that he will probably not be approved due to the judgement on my credit report because tx is a commuinity property state. Does anyone know how to get around this?

Sorry to hear that you lost the case. I hope you didn't incriminate yourself throughout the entire process. It is very hard for the plaintiff to win the case if all they have is just an invoice of your alleged debt.

If you got the judgement because you lost the case, then you will have to pay it and Satisfy the judgement. There is no other way around it. The Statute of Limitations for Judgements in Texas is 10 years, and they can also charge 10% interest on the unpaid portion of the judgement.

And the mortgage broker is correct, the loan will likely not be approved until the judgement is satisfied and the lien removed (I am, of course, assuming there is a lien).

You have to pay the judgement, plain and simple as that.

My husband and I have one against us right now for medical bills. It went to a C/A who, was actually very willing to work with us on a payment, once the judgement went thru, so we could avoid garnishment. On a $3,000 judgement, they were willing to take $100 a month until WE decide that we can pay more. I know not all C/A's are like this, but Statewide Credit Association in Indiana is.

In our case, I chose not to go with what the court would propose, but went with the C/A instead. The original creditor basically said "we'll do what the C/A wants to do."

Try it and you may be surprised at the response you get. I will tell you this though, on a judgement, they aren't going to accept "what you can pay, when you can pay it." They need a verbal or written promise/contract from you that they will receive a regular payment, every month.

Sometimes, if the judgement isn't too "big" it may be easier to have it garnished from your check and be done with it

I have a judgement against me and I have been paying since last year. My hours went down at work so I tried to change the payment to $50 and sent $50 and they cashed it but then sent a really threatning letter saying if I didn't call them right away they would be able to garnish possessions, ect. Well, I am now paying $100 a month again and in two months my amount went from $1326 to 1537.00. They claim it is interest, is that allowed. I am sure with the scummy debt collector attorney I am dealing with anything goes. There name is Rubin and Debski, in Jacksonville FL.

Please let me know if they can add interest at anytime, when I was paying $100 a month there was no interest. This has become such a nightmare for such a small amount.

Thanks in advance for anyone's help.

Stressed out Single Parent in Florida

In Florida, they can charge 10% interest on a judgement. If you ever have any doubts as to the amount of interest applied, double check with your local court.

have over 80K in CC debt, behind on student loans, husband now has a job!!!!!!!!!
2 CC's already have judgments, haven't paid any these in over 2 years. Do I wait it out, file BK, or try to work out payments arrangements.

That depends on a lot of things. If hubby's a doctor, then work out payment arrangements. If he's flippin' burgers, consider bankruptcy. I encourage you to start a new thread with your questions here. You'll get better exposure that way.

I currently have a judgment on my credit. Can you settle judgments or do you have to pay the full amount? Do I make an offer to the primary creditor or to the law offices that represented them for the judgment? I'm from NC.

I'm sorry that I don't have an answer for your question, Guest. But I look forward to learning it right along with you.

you would make offers to the law firm representing as the creditor will likely insist that all communication go through them. that said, there's no harm in talking settlement - judgment creditors DO settle, there's just less motivation for them to do so. again though, it happens and its certainly worth a shot!