Judgment against me in small claim court:

Submitted by alamo9 on Sun, 12/07/2008 - 03:20
Forums
Credit repair

I need suggestion and help, I just received a judgment against me in small claim court for the amount of almost $2000.00. I am out of job from last few months and i have only few hundred left in my personal account. I have some shares worth now $1100.00 and i also have joint account with my brother (and he has money in his account). I also have one credit card.

1-What can i do that court wont take money out of my account and if i can pay the amount in installment?
2-Is it better for me to take my name out of the joint account with my brother?
3-After taking my name out of the joint account can court still take the money out of that account or they will ask me that why i took the name out now?
4-Court can sell my share and take the money out of it?
5- Court can take money out of my credit card?

Please suggest me whats the best option i have. Thank You.

Christopher Ya… (not verified)

You may want to simply contact the individual or company that obtained the judgment against you and see if you can negotiate satisfaction. Most creditors know that the cost of collection is significant.

First, they may not know how to go about attaching your account. Second, if they hire an attorney to help with this, his cut will be at least half with no guarantee of success.

In short, you may be able to pay $0.25 on the dollar. Just make sure you file your satisfaction document it with the court. Most small claims courts have a form for this. You will need to get it signed before you can file it.

Author, FixYourCreditDVD.com

Sun, 12/07/2008 - 04:05 Permalink
Mary

Yes, Christopher is right, you can simply call the creditor and tell them your problem and negotiate with them for a settlement plan which you think will enable you pay off your debt. Now the question whether it is a judgment to garnish your wages or a judgment to garnish your bank account. If the judgment is to garnish your bank account, then you cannot remove your name now after the judgment has been issued, as the creditor might have deposited a copy of the judgment with your bank.

Tue, 12/09/2008 - 10:40 Permalink
Justin

Hi alamo9
The court only issues judgment against you if you really owe the debt to the creditor. The court is not responsible to collect the debt for the creditor. It is upto the creditor to decide the means by which he would like to enforce the judgment to recover the debt. Before the court proceeding, the creditor must let the court know the type of garnishment he would like to use - either garnishment of income or garnishment of bank account, and based on that the creditor can garnish the account.

Tue, 12/09/2008 - 11:13 Permalink
scott

A creditor can never take money out of your credit card or sell off your shares to recover the debt. They can either garnish your wage or garnish your bank account. However, even if the creditor or the collection agency garnish your wages, they cannot garnish more than 25% of your income as per the Fair debt collection practices Act. But if the creditor bring judgment to garnish your bank account, he can take out the entire money from your bank account as soon as there is any credit in your account till the time the debt is repaid in full.

Tue, 12/09/2008 - 11:26 Permalink
debranewell2008

Hi Douglas,
Welcome to the forum. We discuss ways in which you can repair your credit. Example if you pulled your credit report and something was being reported wrong then we discuss how to fix it to where it is reported correctly. If you have any other questions feel free to ask. Someone will be glad to help you.

Sun, 01/24/2010 - 01:33 Permalink
Aaron (not verified)

Hi alamo,

First of all what is most important is whether or not you believe that you owe the debt. If you believe that you don't owe it you can opt for debt validation. However if you think you owe it; as you are facing money constraints; you can go for a debt consolidation or you can negotiate with the creditor. Call them and explain to them the situation, the hardships you are facing.

Whether or not joint account can be garnished depends on the state you live in. Moreover the non debtor account holder will have to supply with proofs of the amount of funds held in the joint account. Then the court will decide which fund is subject to levy.

Thanks,

Aaron

Mon, 01/25/2010 - 13:19 Permalink
ashmichaelss (not verified)

Hello. I just moved to the Miami area. I am looking for a solid company to help me with a refinance. I purchased the house from a short sale and had to do business over the phone because I was living in Az. I dont think that I got a good deal. My interest rate in now 6.99 percent. I think that I can refinance and get a much better deal. Please point me in the right direction.

Wed, 02/24/2010 - 21:00 Permalink
fireyone

ashmichaelss, I would go to a local bank for a refinance. I would not just trust anyone with this. What makes you believe you did not get a good deal? In the end that part will not matter since you already have ownership of the home. I would look local for refianance.

Wed, 02/24/2010 - 22:11 Permalink
FreemanCavazos

Hello there
Clearly I am a beginner at this point. I recently came across this site through google search and I stumbled upon this interesting community so I signed up.
Thank you for welcoming me in advance!

Tue, 03/02/2010 - 07:30 Permalink
Aaron

Hi Freeman,

Welcome to this community :)

You can feel free to ask if you have any questions regarding credit and debt. You can also feel free to give advise and share your knowledge on credit.

Regards,

Aaron.

Tue, 03/02/2010 - 12:00 Permalink
fireyone

Hi, Hope you enjoy the site. There is so much information here. If anyone can help you with anything just let us know.

Tue, 03/02/2010 - 12:07 Permalink
Aaron

Hi Morrow,

Welcome to this forum :)

You can feel free to discuss your problems on credit and debt and share your knowledge here.

Regards,

Aaron

Wed, 03/03/2010 - 07:28 Permalink
WrightCardona

Whats up,
I am Alex and this is my 1st forum entry here.. I am pleased to be associated here and think to discuss my views and know your own suggestions or changes
Appreciate it. See you guys

Tue, 03/09/2010 - 13:06 Permalink
Aaron

Hi Wright,

Welcome to this community :)

You can feel free to discuss your views and queries in this forum.

Thanks,

Aaron

Wed, 03/10/2010 - 10:06 Permalink
mikejohnsonrules (not verified)

Hello. My wife and I bought our house about 6 months ago. It was a foreclosure and we were able to get a great deal on it. We also took advantage of the 8K tax credit so that definitely helped. We did an extensive remodeling job and now I want to refinance to cut the term to a 20 or 15 year loan. Does anyone know any good sites for mortgage information? Thanks!

Mike

Wed, 03/10/2010 - 22:21 Permalink
johnlongslinger (not verified)

Hello. John here. I am new to the community. First of all, I want to thank those that have put this together. It is a great place to learn and get more information. I just wanted to make an introductory post to introduce myself. Thanks for the help.

Mon, 03/15/2010 - 17:42 Permalink
Aaron

Hi,

Welcome to this community :)

If you have any query, or if you want to share your knowledge on credit, you too can feel free to discuss in the forum.

Thanks,

Aaron

Fri, 05/21/2010 - 09:33 Permalink
cynthia denlea (not verified)

if i negoiate payment with the collector what do i need to get in writing? is there a form i can access on line?

Mon, 07/12/2010 - 10:45 Permalink
Aaron

Hi cynthia,

You should get a payment agreement before making payments to the debt collector.

Thanks,

Aaron

Mon, 07/12/2010 - 11:34 Permalink
nena (not verified)

I had a judgement against me about 18 months ago. I paid it about 12 months, $5000.00, paid in full.
Now that I am trying to buy a house, it appeared on my credit report!!
Per my attorney and the other attorney, if i paid it within a 6 months, i wouldnt preveal or be reported to credit bureau.
What do i do now? I have a letter of satisfaction from the court house staying that the case was closed.

Tue, 03/06/2012 - 04:44 Permalink
Lenard (not verified)

There's a three month trial period https://josbinder.at/index.php?nav=37 instant loans for bad credit lenders only In a statement released late Tuesday, IU Health announced it's cutting more than 100 additional positions.  This after stating on September 12th that it was eliminating about 800 positions at six facilities across Central Indiana. They now say that figure tops 900 and affected workers are being told this week.

Tue, 02/10/2015 - 04:25 Permalink
книга кЅ (not verified)

I believe that you are wrong,

Sat, 04/11/2015 - 01:13 Permalink
Hilton (not verified)

What's the current interest rate for personal loans?

Sat, 03/19/2016 - 02:32 Permalink