whats worse on cr judgment or bankruptcy?

The bankruptcy attorney will take care that the judgment is removed by your creditor. It is like replacing one negative information with the other. If you don't file for bankruptcy, the judgment will remain in the file for as long as 20 years. If it is discharged in chapter 7 bankruptcy, this negative info will stay for ten years.

Qualifying for new credit will be tough at the initial stage after filing bankruptcy. But if you take care of the new accounts and do timely payments, your credit will improve gradually even after bankruptcy is staying in your file.

Hello

I had a judgement from a storefront payday loan placed on my credit report. If I paid this will they remove this from my report?

It should be removed automatically after seven years, but even a judgment that's satisfied can't be removed before then. Your credit history - the good and bad - is reported for a period of seven years.

My Husband and I are being sued by several collection agencies. We filed Bankruptcy 8 years ago. So in Ca we cannot file again for two more years. We have had some bad income problems and do not have the money to pay all these debts off. Around 15 thousand. I am starting to crack under the stress and our family is falling apart. We have three children and own nothing. I do not know what to do. I am having a nervous breakdown. I need help, any advice?

I forgot to add, if they garnish his wages being that there are several that are sueing, can they take all of our money? If not how do they decide who can garnish and who can not? Will we be homeless?

Even though several collection agencies are suing you, I'm almost positive that only one garnishment can take place at a time, and I believe that the garnishment amount can only be 25% of your income. Also, I'm not advising you to file bankruptcy, but I thought it was only 8 years had to take place between bankruptcy filings, not 10 years.

You can receive a Chapter 7 BK discharge eight years after your previous Chapter 7 discharge. It stays on your credit report for ten years, so maybe that is why you are thinking ten years?

And yes, the maximum garnishment amount is 25% of your disposable income (usually your take home pay). So anyone who wins a judgment against you after your wages are already being garnished at the 25% level would have to wait until the first garnishment was satisfied before they would be able to garnish.

Oh, and I almost forgot . . . If you are being sued, be sure that you appear in court. Otherwise, the creditor will get a default judgment against you. If you go to court and can show the judge your budget, it's possible that he or she may just tell the creditor to work out payment arrangements with you.

"If you go to court and can show the judge your budget, it's possible that he or she may just tell the creditor to work out payment arrangements with you."

You are freaking kidding us, right?

Pray tell, how many such deals has a publicly paid, ethically bound and impartial bench officer cut for you and your legal clients?

No alias is not kidding you, it can happen, my sister just went through this with her garnishment, they were taking 25% of her check and she is head of the household with two children. You can only have one garnishment coming out at once and those have to be renewed every 90 days until the garnishment is settled.

The judge reduced it down to 15% of her check which will help a little. Do not ignore this and make sure that you show up to court or as alias stated they will get a default judgement. The day we went to court only three people showed up for about 25 cases and those were default judgements because they did not appear.

Nonsense.

A garnishment happens after you've already lost, ladybug. The guest poster isn't there yet, she's only been sued. In that context, alias plainly stated that if you show the judge a budget he'll make the creditor accept payment arrangement.

Your experiences involve garnishment, which is a post-judgment remedy (at least in my home state of California). You can't be seriously suggesting that the right strategy here is to lose the case so you can beg the judge for a "deal," can you?


Get a clue folks and get some freaking legal representation. A skilled lawyer can give you some real advice, not amateurish gibberish. If you just can't bring yourself to hire a lawyer, go to the Nolo Press website where you can get real self-help forms and publications.

Good luck.

BTW, why is this place suddenly so dead? A while ago not a single registered user was online, and right now there are just two.

[quote]alias plainly stated that if you show the judge a budget he'll make the creditor accept payment arrangement. [/quote]

Really?? Because it doesn't look to me like that is what I said.

[quote]it's possible that he or she may just tell the creditor to work out payment arrangements with you[/quote]

And I have NEVER advised anyone not to get a lawyer. If they want a lawyer and can afford one, I would CERTAINLY advise them to get one. However, the reason most people are here is because they are in serious debt already and can't AFFORD the high prices that you and other lawyers charge.

So why don't you just get off your high horse and go back to the beer that you claimed you were looking forward to earlier?

And you obviously haven't been trolling these boards and looking for members to trash for long, because it is usually pretty dead on the weekends, AND late at night.

By the way, WhatTheF, aka CalLawyer, if you are so concerned about people on this forum being given erroneous advice, why don't you become a member and help some of them out with some real legal advice? Or is the extent of your "free" advice to "get some freaking legal representation"? Because I can tell you, that advice is not going to help most of the people on this board, who come here because they are desperate, and who don't have money to PAY an attorney. If they did, they wouldn't be coming here to start with. And have YOU ever tried to hire a lawyer on a contingency basis? Because I have tried, and I know that others on this board have tried, and it's not easy.

"Really?? Because it doesn't look to me like that is what I said"

Whether the judge "makes" or merely "tells" the creditor what to do is both a quibble and entirely beside the point. Law, ethics and an oath of office require the judge to follow procedure, and to do so impartially. Furthermore he wants to get this junk off his desk with a minimum of fuss. Spend a day or three watching the calendar call in these cases. Then come back and tell me how many deals like yours got cut before judgment.

"By the way, WhatTheF, aka CalLawyer, if you are so concerned about people on this forum being given erroneous advice, why don't you become a member and help some of them out with some real legal advice?"

Because first, it's unethical for a lawyer to dispense legal advice without reviewing the client's file and speaking with her in a confidential setting. Second, I????????ve spent many hours staffing local pro bono clinics, which is the proper place to help people, and I routinely give out free advice to people in these situations: all they have to do is call. And third, genuine advice isn't the true purpose of this place.

Look at this thing critically Alias: why would this board be so slow on a weekend, just when other forums all over the 'net are going gangbusters? Why don't these boards point debtors to the wealth of low and no-cost legal aid available in most U.S. cities, or the best self-help books and forms all available for free at the local library or on county court websites? Alias, who calls you back when you sign up for the consultations offered here, who pays their salaries, and where does the money come from?

Open your eyes Alias, and you????????ll see that the truth is the same regardless how high your horse.

I see, so your real purpose is only to criticize this board and its members. Well, that was pretty clear, even before your most recent post.

And you, with your fancy legal degree, entirely missed the point of my post that you are so critical of. The point was that the person should show up in court and avoid a default judgment. Showing up at least gives them a CHANCE of having SOMETHING go their way, instead of just not going and having EVERYTHING go the plaintiff's way.

Alias, you haven't understood a single thing I've said, but as the saying goes, "there are none so blind as those who will not see."

More than a few people now are beginning to ask the right questions here. I hope that soon you'll be one them.

Good luck and best wishes to you.

i only have one question whathef,why don't you leave and never post again?i have had enough of your lawyer/nugget speak.ladybug posted from experience,who are you to say anything.alias also posted good info,you seem to want to push getting a lawyer down everyone's throats.same with a few other lawyer/nuggets.i can't wait to hear your response,if you have one.

Dude, you have got to do better than that. I just don't think you can.

You see, the real battle over the crimes seen here is only just beginning. Your anti-lawyer gibberish will only help prove them.

:shock: what the crap happened :?: :!:

What happened is that Nolo, aka CalLawyer, aka WhatTheF, aka AnotherPaidShill, aka VeryConcerned, aka attorney911, aka etc., etc., etc. thinks that everyone who has a debt concern or question should be consulting an attorney, and that everyone else on this site should keep their mouths shut, unless we are opening them to tell everyone that they should consult an attorney.

However, his real concern isn't for the people who come here looking for help. His real concern is that he doesn't like the forum, owners, moderators, members, etc.

right on alias,why don't you start your own sight.i even thought
of a name. i'mashysterlawyer.com. how's that work for you whatthef?

It is my understanding that some of our members here are attorneys, or have been. There is enough knowledge here that just may surpass the "Bar Association". I think we will be just fine with out the "aka" person. Are who knows, maybe he or she will come around and discover that we are only here to help and this sites track record reflects as such.

Oh, but according to the aka person, it would be unethical for an attorney to give advice on a forum such as this. Oh, and it's also bordering on illegal, or maybe downright illegal, for anyone else to give advice on a forum such as this. Just ask him.

As I said, it is "my understand" and a true attorney such as he or she will understand that it is just my opinion . Alias1958 you know as will as I do that these people come here and crap and then leave...that will never change. Lets take care of all the ones that are here for help and enjoy each others company while we do it.

love ya,
Luke

Working on the new site right now, great idea, thanks. (Actually, that's precisely why I'm here.)

OT, Nolo Press, which I always recommend, is a non-profit with a very nice website. Not SEO mind you, but anyway Nolo produces truly excellent, inexpensive legal books and forms covering just about every imaginable legal problem, including debtor-creditor law. You can check out Nolo's stuff for free at your local library.

Meanwhile here, on this putative "self help" site for debtors boasting a kazillion pages full of beautifully implemented SEM and "social engineering," how many references does Google find to "Nolo," the largest, oldest and most trusted publisher of self-help law materials on the planet?

Six.

(Lots of references to for-profit "debt settlement" companies and the like though. Think about it.)

Yes, Luke, I agree. Maybe if we just ignore him, he'll go away! :wink:

I have to ask...this book "Nolo" when is the last publication? I would like to add it to my collection.

thank you,
Luke

No way dude, you need to pay me first!



(Just kidding.)

Truly, if your request is in earnest I'll look poke around for you. FYI, Nolo isn't a book, it's a company, and the book that's apropos here was "money trouble" or something similar. There's several others well worth reviewing in the debtor-creditor law context.

All are regularly updated, but I don't know off-hand when.

Like I said, if you're sincere let me know and I'll come up with some specific recommendations.

Signed,

Your Friendly Neighborhood Ambulance Chaser
(tights not included)

P.S. Alias, you may ignore me any time, really. BTW, ever devote any thought to the root of the word "ignorance?"

As much as I would like your recommendations I cannot except them at the cost of you disrespecting the members here. When you find a way to help me and respect each other, then I would like your help.

Thank You,
Luke

lotsa luck luke,this lawyer/nugget only wants to slather this forum while attempting to look like they know of what they speak.by the way i think your an ambulance chaser and a shyster,and I'M NOT KIDDING.

Luke, go to nolo.com, and under "Property & Money," click on "Credit Repair." Over on the right side is the book titled "Solve Your Money Troubles." You can get an actual book or an e-book.

Thanks for the support! :)

thank you my beautiful pink piggy.

thank you also paulmergel you two are great :!: :lol: :hug:

Nothing ventured, nothing gained.

Best wishes.

What is wors to your credit? Chapter 13 or SEVERAL Judgements?

GoingNuts...you might want to start your own thread with this question, that way you will get more responses. This thread has already been addressed and people may ignore it.

how is anyone suppose to come up with the lawyer fees if you are broke to begin with duh?it cost at least 2 grand here in ny to file ch 7 and or 13 ,well the object of these chaptors is that you dont have any money to pay your bills so how the hell you gonna pay a lawyer to help you?

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