QUESTION
What is the starting debt I owed them not including interest, the $14,000 on the judgement issued or the $12,000 turned in when I filed the bankruptcy
Asked on Aug 01st, 2017 on Bankruptcy - Oregon
More details to this question:
A finance company repossessed a car and brought a judgement against me for $14,000 (not including interest). I filed a bankruptcy before the judgement was enforced. It was a non dischargeable debt. The proof of claim they submitted was $12,000. After my bankruptcy payments were complete, I was presented with the original wage garnishment order. During bankruptcy, I paid $10 000 towards the debt.
4 ANSWERS
It is hard to discern what occurred in your case from the information here. I would be willing to review your file, but I charge hourly for these matters (with a one hour minimum).
Answered on Oct 10th, 2017 at 5:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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They are not allowed to collect twice for the same injury. You should pay no more than the judgment plus interest.
Answered on Oct 10th, 2017 at 1:40 PM
If the judgment was in fact not dischargeable, you are still liable for the full amount less anything you paid during the bankruptcy. Therefore, after your bankruptcy they can garnish you until it is paid in full. Your only recourse is to plead with the creditor to accept voluntary payments in an amount less than they can take from your paycheck under state garnishment laws. Good luck with that!
Answered on Oct 10th, 2017 at 1:06 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Only the $12,000 in the claim is non-dischargeable, if you paid $10,000, then $2,000 of principal and interest should be what's left.
Answered on Oct 10th, 2017 at 1:06 PM