I received a judgement against a credit card...? I had a credit card with a small put a ceiling on,
Answers: If you receive a notice that a non-attendance judgment has be issued against you and you were not aware of the court date, immediately be in motion to the court and request copies of all the paperwork.
Look for mistakes and misinformation, especially on when and how you were notify. If you believe you were not given "due process" then you can database a motion for rehearing or motion to dismiss with the court.
If you can prove that you were not given due process, the authority must consider your circumstances. It's possible to have the case dismissed. Unless you are totally comfortable with filing pro se (by yourself) I notably encourage you to discuss your case near an attorney well versed in credit and debt consumer tenet.
If you have recieved notice of a upcoming judgment and a court date, then you might try the following.
Request a waiver as self "Judgment proof" (if you qualify)
Judgment-proof is the commonly used term but a more accurate term would be "execution-proof"!
Although creditors and debt collectors win lawsuits, they still own to collect from you, but if you are penniless then you are at least temporarily insulated not from taste but from execution of the judgment (the collection of the debt)
You may be considered "Judgment Proof" during periods of job loss or while drawing disability pay or disability retired pay or if you hold no assets such as home, car, land, and other big-ticket items. In other words, you own no money and can prove it!
Never ignore a lawsuit just because you are broke or enjoy no assets! If a debt collector or creditor is trying to sue and you believe that you are judgment proof, you must respond to the lawsuit as such.
Failure to appear and show the judge why you are pronouncement proof opens the door for the judge to forfeit the collector a "default judgment". Even though they cannot collect anything from you now, near a judgment against you, collectors can wait lots years while periodically trying to collect the debt.
Judgments also show up on your credit report as a huge negative! If you lose your "judgment proof" status due to brand new employment, be advised that whoever owns the judgment can aim wage or bank account garnishment.
So, unless the debt have expired, once you're employed again, it's better to negotiate a reduced payoff rather than risk a court-ordered judgment.
Your credit report will show "debt settled" instead of the more distrustful "judgment"!
Hope this is of help
LEGAL DISCLAIMER: The advice contained herein is for informational purposes single. It is not to be construed as Legal Counsel nor Legal Advice.
Hey..they want their money! I am not sure why they are taking it to court unless you stopped making the payments. YOU did not receive a judgment against a credit card company, THEY are seeking one against YOU. And their is nil YOU can do to stop it. THEY would have to withdraw the court process, which would individual happen if you reaches some sort of settlement agreement beside them
Hi there!
Did you ignore a summons to court? Is this a audible range to determine how the judgment will be enforced or is this the start of the court case?
If this is a sentence hearing, then you necessitate to contact legal aid society in your nouns and get someone to help you. You will have need of to assert your exemptions to prevent your assets from being taken. Seeing as you have hugely little from what you describe in your situation, you're probably judgment proof as it is. An exemption is something that you ask the court not to filch. You're allowed exemptions, but what exactly varies from state to state. If you lose a court case, typically the plaintiff must serve you beside the necessary exemption papers. You then steep them out and send them to the court and to the plaintiff who can either raise objections or accept what you submitted.
Does the credit card company know about your situation? Were you sued by the credit card company or a debt collector/collection agency?
If this is a summons for the start of a imperative suit, then you have some time to respond. It's rough from what you've typed what your situation is. I suggest that you contact Legal Aid. They often work with family that have very little money, and considering that you are taking attention to detail of a disabled adult and two children, you are definitely a entrant.
I hope that your situation improves.
Good luck.
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You didn't pay your debt and now a mediate is going to tell you to pay or obverse the consequences. Why would you think there is anything you can do to stop this from taking place? This is what happens when you don't pay your credit card or other bills. Your duration situation, while sad, is completely irrelevant to the credit company and the courts. Hi,
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Without knowing what state you are in or any other information, the only warning I can give you is to show up and defend yourself. Challenge the amount...etc.
You might want to help yourself to my advice and join the one or both of the forums scheduled below. They can provide tons of help for people mortal sued.
http://www.debt-consolidation-credit-rep...
http://www.creditboards.com/forums/
Good luck getting it sorted out. Again, I highly recommend you join those forums. At this point you can do two things. But I digress how old is this debt? If it is former the statute of limitations (usually 4-5 years) since the last payment after by all means step to court and state that it is past the SOL. If not either name them, explain the situation and see if they will work with you, another option that purely came to mind is to call the local Consumer Credit Counseling Service contained by your area, a non profit agency that might be able to receive a payment plan without, or next to a reduced interest rate. If all fails and the court date remains product sure you show up because if not, they win by default and can and will frills your wages.
The only thing you can do is be in motion to court at least you can tell the arbiter your story and they may let you pay pennies on the dollar. If you do not turn they will garnish your wages for 25% of your earrings. (Good Luck)
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