A friend of mine received a Final Summary Judgement for a credit card debt. The judgement calls for her to submit a form which contains questions about her financial affairs. She does not want to provide the data and have her wages garnished or have her bank account frozen. The judgement states that she has to submit the form with the information unless the post judgement discovery has been stayed. Is it possible to get it stayed? How does one do that? Is there a way out of this so she doesn't have to submit the form? She doesn't want to file for bankruptcy either. She really wants to settle the debt for 20% of what they're saying is due -- if possible.
Unfortunately, what your freind wants no longer matters as there has been a judgment ebetred against her and she will have to provide the financial information requested, so the creditor CAN garnish wages, seize accounts, etc. She can always negotiate with the creditor, but they are much arder to deal with after they have a judgment entered. She would have been in a MUCH better position if she defended the case or started negotiations earlier. If there is an issue where she wasnt properly served to defenda the case, she should hire a lawyer immediately to try to set aside the judgment. Getting post judgment financial discovery stayed simply because she doesnt want to pay would VERY difficult and most such stays require posting a bond for the full value, which sort to defeats the purpose.
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.