QUESTION
What should I do if I can't afford the judgement against me?
Asked on Mar 27th, 2012 on Bankruptcy - Colorado
More details to this question:
A company representing a credit card (which I think is my ex husbands) has filed a judgement against me. I was never served any papers and live in the same town as I did when we were married but the county courthouse accepted the filing anyway. My ex and I have a house in foreclosure which has no equity with a 1st and 2nd mtg (sba loan on the 2nd). I work part time about 36 hours a week but am struggling, I have rent, a car loan, a few medical bills and now a 8K judgement which I cannot afford, what should I do next? I have thought about bankruptcy but not sure this is the best answer for me. Is the judgement legal since I was never served papers and can they garnish my wages?
8 ANSWERS
Probably the best thing to do is file a Chapter 7 immediately and have all your unsecured debts discharged.
Answered on Mar 30th, 2012 at 9:51 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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If the law suit was served at the last known address, then service of process was probably proper. You might want to look at filing a chapter 7 to get a fresh start.
Answered on Mar 29th, 2012 at 11:19 AM
Accidents Attorney serving Orange City, FL
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Principle Legal Offices, P.A.
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You may be right and the judgment may be void. but you need to file the right paperwork top get a hearing to make the 8k judgment to go away.
Answered on Mar 29th, 2012 at 9:14 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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The judgment is correct until you set it aside by court order. You may want to discuss bankruptcy with an attorney.
Answered on Mar 28th, 2012 at 3:30 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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It is inadvisable to file bankruptcy on account of a relatively small judgment. Contact the creditor and work out a payment arrangement. If they garnish wages you can file for an exemption. Consult an attorney if this happens.
Answered on Mar 28th, 2012 at 12:44 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes. It is legal until you set it aside. To set it aside you must prove 2 things. 1. You were not properly served. 2. You have a viable defense. If you owe the money then you can't prove 2. The Judge will tell you that now that you know about the lawsuit you have been served. Since you owe it then the Judgment stands. The fact that you cannot pay the Judgment is not a defense. You should really explore bankruptcy. Get a free consultation.
Answered on Mar 28th, 2012 at 12:24 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Bankruptcy is an option. You can also attempt to set aside the judgment in State Court on the grounds that you were not served. If the court set aside the judgment you would still have to fight the lawsuit in State Court. It appears that you were legally responsible for the credit card, therefore going back to State Court is not a good option. The bankruptcy would probably discharge the judgment and any other unsecured debts you may have. As a matter of cost; a good bankruptcy attorney will cost you less than fighting the judgment in State Court.
Answered on Mar 28th, 2012 at 12:19 PM
Daniel James Wilson
Unfortunately in my experience collections firms often cut corners in serving complaints. If you can afford an attorney it may be possible to have the judgment voided, but it is a long shot. If the judgment stands you will get garnished. Considering your other debt BK probably makes sense. I urge you to see an attorney. Most BK lawyers give a free initial consultation.
Answered on Mar 28th, 2012 at 12:07 PM