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Curious what happens if the collectors do take you to court?

The judge orders you to pay and you have no money -what then I mean what happens then?




Bossy4455

Posts: 5855
Credits: 74303.05

Sub: #1 Before you go to court, when you make your answer to the summons
Sat, 03/17/2007 - 07:43

Before you go to court, when you make your answer to the summons, you can file a hardship, in some states. They will take into account other expenses, etc., and work out a payment plan..Karen

As long as you are alive, there's always hope




cajunbulldog

Posts: 4859
Credits: 42498.45

Sub: #2 Basically if you lose,there is a judgement issued by the court.
Sat, 03/17/2007 - 09:01

Basically if you lose,there is a judgement issued by the court. The judgement is then recorded and verified.After the judgement is recorded,collector can begin the executory process. They will look for property,bank accounts,garnish wages,and try to sale non exempt property.You are allowed exemptions based on statutes of your state. Lexis-nexis will probably place it on credit report as a public record. Once judgement is fully recorded.Validation becomes a dead process because once they send you a copy of it,they have fully validated debt and can continue collecting.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.




Steg
Debt Samaritan
Posts: 391
Credits: 5666.05

Sub: #3 When the creditor or the collection agency takes the debtor to t
Sat, 03/17/2007 - 12:22

When the creditor or the collection agency takes the debtor to the court and files a lawsuit against him, he can file for a judgment proof by submitting wage stubs, income tax statements, or oral testimonials to prove the facts that he cannot afford to pay anything at that time period. The court will look into the matter and offer some time period on his damage payments.

The debt will not be erased until it????????s paid, even if you have qualified for judgment proof. When your situation improves later, you need to pay the debt. The court will fix the time period by which you will have to pay the debt. In case, you don????????t pay within the specified period, the court will call you and ask for the latest updates. You have to put your explanations with proof of your inability to pay. These summons, hearings and demonstrations will continue till the debt is paid off or the judge takes the final decisions writing off the accounts.




Unregistered

Sub: #4 housing
Sat, 12/20/2008 - 00:44

Can they take nyour house?




Unregistered

Sub: #5 Rita, they can't take your house, however if they get a judgemen
Sat, 12/20/2008 - 02:15

Rita, they can't take your house, however if they get a judgement against you they can then place a lien on your house so that the house can't be sold until the judgement is satisfied and the lien removed.




Unregistered

Sub: #6 If you are on SSI Social Security, welfare, unemployment and som
Sat, 12/20/2008 - 04:43

If you are on SSI Social Security, welfare, unemployment and some other incomes, They cannot touch your money it is exempt. If you have no assets and are on one of the exempt incomes, yo are judgment proof. They can get a judgment against you but they cannot take your money.

If you are on one of the mentioned incomes and they get a judgment against you and ask how much you can pay, tell them nothing. You do not have to pay out of exempt income. They can ask you to but they can't force you to.




Unregistered

Sub: #7 BK
Sat, 12/20/2008 - 08:43

I'm was service summons for unpaid credit and am contiplating filing bankrupt, still in the process of filling out all that paperwork. If I get a judgment before I file bk, will the judgment get written off also?




Unregistered

Sub: #8 i owe money to a phone company but i cant pay
Fri, 01/30/2009 - 09:21

the bill is under my business name and its tax ID # ,they do have my name though but not my social security #,since im going out of business what can they do???




smo65d11

Debt Samaritan
Posts: 1468
Credits: 13308.45

Sub: #9 no one is "judgement proof" ... that term is one that shouldn't
Fri, 01/30/2009 - 09:28

no one is "judgement proof" ... that term is one that shouldn't be used, ever! Sure, you might not have any money to pay a legaly rendered judgement, but no judge is going to set aside a judgement BECAUSE you can't pay.




Unregistered

Sub: #10 is there a jail time if i dont pay my bill?
Fri, 01/30/2009 - 09:45

now i m out of business i have no money to pay this stupid phone company, do they have the right to throw me in jail.
note that the bill is under my corporation tax id ,and the corp has been changed what can they do????




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