Notice of summary judgment hearing, what to expect, garnishment?
Date: Sun, 10/28/2012 - 10:03
I of course plan on attending but I am extremely fearful of social situations and am trying to find out what to expect as far as outcome and garnishment.
A little history.
I am in Indiana
The hearing is for a debt of around 5k that was originally for a Chase credit card from 2004 (sob story, broke my hip, lost my job, used it to pay bills, not smart I know) I have tried several time to work out a payment plan with the creditor that owns it now with no luck.
I actually paid off ALL my other debts (two cards and school loans) last year and had planned on paying this one off this year but my son was born with complications which led to me losing my job due to his NICU stay.
I dont work, we dont own a home or car, I AM married but the card was before we were married and was not a joint card.
We do not have a joint bank account but I DO have a bank account of my own that my husband deposits money into for me to pay bills with online.
My husband does have some stocks and CD's he could cash out that would cover around 2k of the debt, but we wont be able to get the cash in hand before the hearing, it will take at least a week.
Heres what Im wondering.
Will the judge help set up a payment arrangement or will he just be like "Give them their money" and allow them to garnish what ever they can?
What are the odds that they will discuss a lump sum settlement that is lower then the owed amount? Over 2k of the debt is interest fees alone.
If he signs a garnishment waver, or whatever it is called, how long will it take for them to find my bank account and drain it?
I only have about $30 in it right now and that is to cover my sons medication, which is why Im worried.
CAN THEY GET TO MY HUSBANDS CHECKING??
His paycheck is DD ONLY, and barely covers our monthly rent and utilities at this point, we WILL be homeless if they garnish his account.
Thanks for any help you can provide.
Cam
Well lucky for you since the debt was incurred before your marri
Well lucky for you since the debt was incurred before your marriage, your husband can't be held liable..make sure that gets pointed out..bring a copy of your marriage certificate.
Take the money out of your account and have your husband either use his account for all the bill paying and meds, or have your husband set up one of those prepaid debit cards in his name.
You mentioned that another company owns this debt and not the original creditor? You should demand to see documentation proving you owe what they say you owe and they did not illegally inflate the amount. That means they should show a signed contract/agreement and the last statement showing what was owed...not sure how the summary judgement hearing works other than it sounds like they want to just get a 'yes you owe it' statement and win...fight it. Tell the judge you had a card, but the amounts seem off and you want to see documentation. Asking for those two is very reasonable and if the company is legit they should have them.
If you lose the judge will grant them a judgement and any account with your name on it can be garnished as well as any paycheck you receive. If you don't work and don't have any accounts with your name on it, you should be fine and can pay it off at your speed, but keep in mind a judgement accrues interest so whatever payments you are making make sure you keep that in mind.
You said you were in Indiana? SOL for that state is 6 years...w
You said you were in Indiana? SOL for that state is 6 years...when did you default on the card (stopped making payments) I know you said the card was from 2004, but when did you stop paying? If it was before 06 the debt may be time barred and you can use that as a defense.
They have the date of delinquency listed as January '08, would t
They have the date of delinquency listed as January '08, would that be it?
Well did you stop paying it in January of 08? Just because they
Well did you stop paying it in January of 08? Just because they have that listed doesn't necessarily make it right.,...what do you remember?
If it is in 08 then it is still within SOL so you won't be able to use that as a defense...but remember that if it is anybody but the original creditor suing you, demand documentation to prove it.