Wednesday, March 17, 2010

What do I do about a credit card debt that has turned into a judgment against me?

I've been sued for a credit card debt originally totaling $1100, I'm now I'm being threatened with an enforcement of the judgment. A garnishment of my wages (I'm a homemaker), placing a lien on property (don't own any) or levy of any non-exempt real or personal property (what?) and I have no idea what I should do? I really need some advice on this topic.

What do I do about a credit card debt that has turned into a judgment against me?
umm...you need to pay them back their money...





what people dont seem to understand is when you use a credit card or a get a loan you are basically using someone elses money to afford something you cant afford...if you dont pay that money it is actually stealing....its their money and you agreed to certain terms and you owe them that money plus interest....





its is a no-brainer and those people have every right to come after their money by any means necessary
Reply:How is it you could get a credit card without any income? That is what you mean by saying you are a homemaker. Yet, you have a computer, and an internet connection. Someone in your household is making the money on which you live, unless you are on government assistance. There is much you are not telling us about your lifestyle, and income.





While you may consider your credit score separate from your spouse's, the reality is that they are connected. When your score goes down it affects your partner's also, unless you are living with someone to whom you are not married. Regardless, your credit score has been damaged (lowered) for years. You may still be able to file for bankruptsy, but you will need to hire a lawyer to advise. One way or another it is going to cost you. You should search "bankruptsy" for sites that explain the basics. See the two links below also.





Non-exempt Property


Items that the debtor usually must forfeit include:


Expensive musical instruments, unless the debtor is a professional musician


Collections of stamps, coins and other valuable items


Family heirlooms


Cash, bank accounts, stocks, bonds and other investments


A second car or truck


A second home or vacation home





Exempt Property


Certain types of property are exempt, meaning that the debtor can keep that property. Exempt property includes:


Motor vehicles, up to a certain value


Reasonably necessary clothing


Reasonably necessary household goods and furnishings


Household appliances


Jewelry, up to a certain value


Pensions


A portion of the equity in the debtor's home


Tools of the debtor's trade or profession, up to a certain value


A portion of unpaid but earned wages


Public benefits, including public assistance (welfare), social security and unemployment compensation, accumulated in a bank account


Damages awarded for personal injury
Reply:Hire an attorney. Maybe they can get the judgment opened. At the very least, they should be able to negotiate a resolution. Are you sure you live in a state that allows wage garnishment? Call your local county bar association or legal services group for a referral.
Reply:Right now the only damage is to your credit score, due to a judgment. Mindshift is totally wrong that this effects your spouses credit.





I don't have enough details to recommend anything. What state do you live in? Are you married, and does spouse have any property/income?





Generally, if this debt is in your name only they can not garnish your spouse (in most states). You have no property in your name so there is nothing to take. That makes you "judgment proof", and there is nothing they can do.





Personal property exemptions are different in every state. But rarely to they try to go after this sort of stuff.





You have two options. You can ignore their threats, but judgments last for many years. Eventually you may get a home, car, or a job. They they can come after you again.





Or you can offer to settle this. If they are not going to give you reasonable terms, you can go back to court and ask them to order installment payments for an amount that you can afford to pay. It won't delete the judgment from your credit though, and it will stay there for 7 years.
Reply:You could pay the debt you incurred.





Seems like a no brainer.
Reply:Well, it doesn't sound like there is much they can do to you if you don't earn any income and don't have any property.
Reply:You might try communicating with them and negotiating a settlement.





Is it just phone calls with threats because of non-payment or have you been issued a summons?





If the original amount was $1100 see if they will "Settle" for that. Arrange a way to pay it and follow through.





Credit Card Companies threaten because they can't repossess an item that secures the debt.





Sell some stuff on ebay or craiglist, if you have items of value, get the money from the sale of stuff. Stuff isn't as important as serenity.


You need to be aware of the law regarding Fair Debt Debt Collection Practices.:





http://www.daveramsey.com/etc/cms/index....





You might want to look around the site in the above link and see if you can find information that will be beneficial for other things.


My wife and I have been "working the program" for about 5 years, and are about 2 years away from being DEBT FREE..





We are living like no one else, so later we can truly live like no one else. Don't be normal, Normal is broke and in debt.

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