One more question If I may
Date: Mon, 03/19/2007 - 13:26
I read where summary judgment's are frequently granted to out-of-state Attorney's.
The idea of this is really upsetting to me as a debtor could wake up one morning to face their wages garnished or their checking accounts cleaned out and frozen or someone at the door to pick up their vehicle.
How real is the possibility that a CA could get a summary judgment against me and I would be unaware until after the fact?
If you keep in contact with the CA and make and keep some sort o
If you keep in contact with the CA and make and keep some sort of payment arrangement, your chances of this happening are very slim.
Judgements require a court hearing at the minimum. By most laws
Judgements require a court hearing at the minimum. By most laws of venue,they will need proof of service to get judgement. I am not certain who your source is,but you need to stop listening to them and read up on legal procedure for your state.
Actually, Student loans DO NOT need to go to court before a garn
Actually, Student loans DO NOT need to go to court before a garnishment can begin. It is at times the same with child support.
That is true fin,but student loans and government obligations us
That is true fin,but student loans and government obligations usually don't require a judgement of any kind.
What kind of debts do you have in collections, Reesie?
What kind of debts do you have in collections, Reesie?
Quote:If you keep in contact with the CA and make and keep some
Quote:
If you keep in contact with the CA and make and keep some sort of payment arrangement, your chances of this happening are very slim. |
fins, I would like nothing more, so I could have some peace of mind.
But, it's difficult to set up payment arrangment's when you don't have the money to pay.
We would be forced to let payment's on our secured bills go.
We are only months away from having a secured bill paid, where we can apply this payment to our unsecured debt, but the pay off is months away and won't help us right now.
Quote:Judgements require a court hearing at the minimum. By most
Quote:
Judgements require a court hearing at the minimum. By most laws of venue,they will need proof of service to get judgement. I am not certain who your source is,but you need to stop listening to them and read up on legal procedure for your state. |
Cajun, believe me, I have read up on the legal procedure per my State codes.
I did find something on summary judgment, but the info. was ambigious & brief - at least it was to me.
Reesie ,read civil procedure from start of a civil claim to fini
Reesie ,read civil procedure from start of a civil claim to finish in district rules and in lower court rules.I don't know about your state but in mine a summary judgement must be a open motion in court or chambers.By the way,where are you located?
Sorry Cajun, the guest post is from Reesie. I forgot to Log in.
Sorry Cajun, the guest post is from Reesie. I forgot to Log in.
Here is list of grounds for pretrial garnish courtesy of state
Here is list of grounds for pretrial garnish courtesy of state of ga. code.
Here is defense to that garnish courtesy of ga. state code.
Here is defense to that garnish courtesy of ga. state code.
Thank-you so very much Cajun :D :D I don't understand thi
Thank-you so very much Cajun :D :D
I don't understand this ground for pre-judgment garnishment.
1. (1) When the defendant resides outside the limits of the state;
Can you explain #1.
The other grounds I am certain do not apply to me.
I assume ocga 18-4-45 applies as a defense if the plantiff has sufficient grounds to request a pre-judgment garnishment.
One states when you have a residence outside of state jurisdicti
One states when you have a residence outside of state jurisdiction. I really don't see any grounds for them to go for a garnish pretrial.
I noticed this was a credit card.Be very careful of them trying to drag you to a arbitration board.A lot of collectors will try this because just about all credit card terms and services contact state you agree to this. Fight it very throughly if they try. That board is nothing but a kangeroo court for creditors and collectors. As long as you object in front of mediator and tell them you will drag it to court,you can preserve your rights. In court they will have to prove everything based on Georgia's court rules of evidence.
I think it will depend on the state that you live in. It seems
I think it will depend on the state that you live in. It seems odd to me though. It seems Cajun has given you some great advice!!!
Cajun, you have given me some peace of mind tonight. Again, T
Cajun, you have given me some peace of mind tonight.
Again, Thank-you for taking the time to do the research and also for the advise.
Not many people nowadays are willing to give you any time. :D :D :D
That is what I am here for!Don't claim to always be right but we
That is what I am here for!Don't claim to always be right but we will work it out!