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what happens when you are sued by creditor?

Posts: 742
Credits: 9845.15
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I'm looking for someone who has been sued by a creditor..Can you post exactly what happens and what the outcome was? Like from the beginning to the end... I've not been sued, but some day might be, I really want to understand the process or can someone tell where to look to get this kind of information?

I'd also like to know if you are sued and the creditor wins, is this when and/or how your wages get garnished or do you just have to make pmt arrangements and stick to them?

Thanks Reny




ladybug

Posts: 2757
Credits: 28243.95

Sub: #1 I have been sued by a creditor and didn't take it seriously when
Sat, 05/31/2008 - 12:50

I have been sued by a creditor and didn't take it seriously when I was younger. From what I remember you will receive a summons to appear in court after you have been notified (I want to say within 30 days) the hearing will take place. Make sure that you go to this court hearing or the creditor will get a default judgment. At least with your appearance in court the judge might look more favorably on you and not just grant the amount that the creditor is requesting and order the creditor to work payment arrangements out with you.

When you have your wages garnished (happened to me also :oops: ) They have to go by a worksheet and they are only able to garnish a percentage of your check, it will be less if you are head of household. With garnishments those are court ordered (I think)so I don't think at that point you are able to work with them for payments that is why you need to attend the court hearing so the judge can order them to work out payment arrangements with you. If you enter into payment arrangements make sure that you can afford them or you will be back in the same spot.

Other's will be along to advise your further.




lrhall41
Posts: 245
Credits: 6478.65

Sub: #2 Ladybug is correct. If you get sued, they usually give you 20-3
Sat, 05/31/2008 - 16:37

Ladybug is correct. If you get sued, they usually give you 20-30 days to respond. Please do whatever is necessary to respond to the lawsuit. I did that (See my post"Its been a year...") and after a year they want to file a judgement against me, because according to them, we have not replied. Well, I have news for them... we are going to court on June 18th and we are going to win. We have all the evidence that we responded and our intention to defend, and they never responded. I will keep everybody posted on the results.




ladybug

Posts: 2757
Credits: 28243.95

Sub: #3 Good luck to you...I hope that you WIN!!!!!!!!!! Let us know.
Sat, 05/31/2008 - 16:42

Good luck to you...I hope that you WIN!!!!!!!!!! Let us know.




imadebtcollector
Posts: 67
Credits: 904.6

Sub: #4 Be proactive. If you know why you might be sued its probably pos
Sat, 05/31/2008 - 20:21

Be proactive. If you know why you might be sued its probably possible to resolve things voluntarily.

If the creditor gets a judgement against you, that judgement is good for ten years. So a creditor is more likely to sue a twenty-something with no assets because the likelihood of their situation changing is quite good. What Im saying is that the financial damage of a judgement against you might not be felt for years. I hope you are able to find a way to avoid getting sued.




Unregistered

Sub: #5 Troll-spew deleted. Have a nice day. ~ Uncle Wulf
Sun, 06/01/2008 - 12:56

Troll-spew deleted. Have a nice day. ~ Uncle Wulf




meircats
Posts: 91
Credits: 846.2

Sub: #6 Bankruptcy discharge
Sun, 06/01/2008 - 15:58

Even if you were sued and a judgement is set up against you, if that debt that you are being sued for winds up as a judgement, can you include this debt in bankruptcy? If you can and the debt is discharged, than legally they can't come back ten yrs. from now trying to collect. Is this correct?

"Always, not sometimes.., but always, walk by faith, and not by sight."




cajunbulldog

Posts: 4859
Credits: 42498.45

Sub: #7 All debts legally included in bankruptcy and discharged are fore
Sun, 06/01/2008 - 16:25

All debts legally included in bankruptcy and discharged are forever gone.

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.




procollect69
Posts: 26
Credits: 237

Sub: #8 if you cant afford to pay then you might have to file bankruptcy
Mon, 06/02/2008 - 15:50

if you cant afford to pay then you might have to file bankruptcy, but before that look at debt settlement first which is something you can do yourself.




Unregistered

Sub: #9 JUDGEMENT
Mon, 12/22/2008 - 16:32

I HAD A VEHILE THAT I had to give up almost 6 years ago i receive a letter that I NOW HAVE A JUDGEMENT AGAINST ME they are requestign me for tax returns and paystub vehile registation i want to make monthly payments i don;t have the money to pay this in full i was never aware that this was happeing they were seding this letter to my wrong addess i was never notfied in preson for court date. what happens now please advise :(




Unregistered

Sub: #10 Joe don't panic. First off what state do you live in? When wa
Mon, 12/22/2008 - 17:03

Joe don't panic. First off what state do you live in?

When was the last time you made a payment on the vehicle?

Who is the person who sued you, It should be an attorney and either a debt collector or the company who you got the vehicle from.

Lastly did they file the lawsuit where you live? You need to call the court house as soon as possible and find out when it was filed. You will then need to motion to vacate the judgment for improper service. After that we can figure out what to do next.

Pleas do answer the questions above though, any information about the companies and attorney will be helpful. Depending where you live, they might have illegally got a judgment against you for one reason that comes to mind. The statute of limitations could have been up and at that point they can't sue you. BUT the courts most of the time don't know this It is up to the consumer to bring that fact up and the case will be dismissed with prejudice. Most of the junk debt collectors and now scum sucking attorney debt collectors will purposely serve papers to a false address hoping to get a default judgment on a debt they know they can't legally sue on. If this is the case with you, you can sue them and make them pay you. I will explain all that after we figure out what is going on.

We will do the best we can, hang in there.




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