Posts Tagged ‘judgment’

Bankruptcy – Should I file now?

I was involved in an accident recently (a fender bender, really–no alcohol involved or anything), and the other party is trying to sue me for 0k (my lawyer informed me that they’ll probably seek about M with pain and suffering, etc.). I’m only covered for 0k, so the rest would be on me, which by no means am I able to pay.
My question is, would it be imprudent to file for bankruptcy now? I have other debts, and the prospect of getting rid of those as well is attractive, but I’d hate to file, then if this judgment comes up ruled against me, I still would have no way to pay it. So would I have to wait until a decision is reached before I were to file for Chapter 7?

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How will a foreclosure affect my credit after discharge of chapter 7?

My mortgage was included on a chapter 7 bankruptcy 2.5 years ago. I continued making payments until recently and now have decided to walk away from my home. Will a judgment of foreclosure be added to my credit report even though the debt was discharged?

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Can a creditor report negative information on your credit report after you file Chapter 7?

I have two accounts that are still being reported negative as of 5/31/2011. They do say Chapter 7 at the bottom of the list but it also says derogatory and has a recent date listed all of the other accounts say paid. My bankruptcy was discharged in April of 2010 and these accounts were listed on the bankruptcy. Also a judgment was filed on one of these accounts against me after i filed bankruptcy. How would i go about removing these thank you for any advice.

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Bankruptcy and car loan?

In November, I made the decision to file bankruptcy and it was filed a week ago today. My problem is I recently purchased a car (4/4/11) and I have a car loan, but I want to surrender the car under the bankruptcy. The problem is the car is not in good shape as they told us it was (they said they replaced the transmission, but the transmission is stalling and jerking), and they are not willing to switch the car/trade it. I also called the bank and they are more concerned with getting their money than actually helping me (go figure). Will this look bad on my part or is it fine to do? I am wondering because I have to make another payment tomorrow and I would rather not if I can surrender the vehicle, and I don’t want to pay if it will jeopardize my bankruptcy. I emailed and called my lawyer, but he left early for the day :0) Please help!!!!

I am filing because I was sued twice and a lawyer told me to do nothing, so now I have a judgment. I am the only income in my home, and trying to get a reliable vehicle, I opted for a car loan thinking that was going to ensure I had a good vehicle.

I also make sure I work overtime so i can afford the car to be able to work. With a family I am trying to do what I can, but I can’t do that and pay back ,000 that was run up in my teens. I was pregnant with no job so I maxed out credit cards to buy food and clothing etc…. I regret it, and wished I never done it. Now I want to be able to start fresh with the new life I am making for myself.

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Is it better to file bankruptcy or just let collection call?

I bought my home in 2006 and put down $ 100k, yes its 20% down for a $ 500k house. I have put in another $ 50k in upgrades and remodel. Fast forward to 2009, laid off, no income I resort to using my credit card to pay my mortgage while my house was being listed by my realtor. 6 months went by, then a year, the house remained unsold. I’m up to my limit in credit card debt, thinking to sell the house for $ 350k, which will give me approx. $ 50k to pay my credit cards. Year and a half later, house is in foreclosure; credit card at max limit. No job, no car (sold it to pay credit card debt), ..and now living like a deadbeat.

Credit card companies still call and say "hello". Same story told to them over and over, no income, no job, no money etc. They "understand". Then they sell the debt to collection agency, same thing again. I told them my story..and they don’t care. "When are you gona pay?" I say with what? I can sell my t-shirt and underwear, but that might be worth 25 cents. What good will it do? So now, they are suing me in court. Went there and told the same story…judgment for the plaintiff. Okay, now they want to garnish my wage…but I don’t got no job. They want to freeze my bank acct…I have none. They want to..probably kick my ass..that they can definitely do..but that would hurt them, because if I get hurt and sue, they probably owe me money.

So here is my dilema, should I file Bankruptcy ..as there are other creditor waiting in line to sue me. Or should I go to court and and plea guilty but have no way to pay?

Yeah, I know..I’m a deadbeat, but I don’t blame my misfortune on no one except myself. Lost my life savings and people are laughing at me. What a cruel world this is. To file BK or not to file BK? If I do, I will have a fresh start says a friend. If I don’t, my friend says that the creditors will put my balance on my credit report, and renew it every 7 years…meaning that I can call the credit reporting agency to remove it, but they have a right and probably will repost my balance…as nothing had been collected. Is this true? I thought a negative item must be removed after 7 years, but it could be put back in and stay for another 7 years?? Please help. Thanks in advance.

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How does bankruptcy affect a judgment?

I’m filing chapter 7 bankruptcy and the BK attorney tells me that my questionnaire looks good, and I pass the means test so things should go fairly smooth. A collection firm is presently suing me for credit card debt and I expect they will have a judgment soon. I’ve been told that my bankruptcy will "take care" of the judgment. But what exactly does "take care of" mean in this case? Does the bankruptcy simply relieve a need to pay on the judgment? Or does it also erase the existence of the judgment from my credit record? If not then can I take some follow up action to erase it myself?

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I have a collections debt and want to settle but the company seems like a scam, what should I do?

Well I owe this debt from an apartment lease broken back in 2005. It’s just now caught up with me so I called the company that owns the debt to settle and they agreed. Just being cautious and making sure that the company doesn’t sell the remainder debt to another company, I demanded a settlement letter stating my judgment, damages and attorney fees are settled with that apartment complex, the rep got an attitude and said he wouldn’t deal with me and could not do that. He had his manager call me back who rudely said I must pay by the deadline or the amount will go up then promptly hung up. I’ve called the court, the apartment complex and neither of them know who this collection agency is BUT the collections agency the apartment deals with did claim they sold the debt to this business that I’m dealing with. So anyway, I went to the apartment complex today and they sat with me as I called the collections agency. The same jerk answered and after I told him who I was and that I’m ready to make the payment at the apartment office and would like a faxed settlement letter, they immediately hung up. I called back and they hung up again. The third time I called back I got their after hours voice mail. I am at a loss at what to do. I want to rectify this situation but can’t seem to because the people I’m dealing with seems like a scam. BUT the apartment complex and court both state I need to pay the collections people because the account was sold. I do not trust them. What should I do?????????????????????

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Summons for credit card debt??

I received a summons to appear in pre-trail court due to ,000 of credit card debt. I own this debt. I have a large sum of credit card debt and am considering bankruptcy. How can I avoid a trail and possible judgment? I thought about offering the company ,000 to settle debt.

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should i file bankruptcy?

I am 23yrs old my debts are from 07 i have a car repossession, 2 credit cards, a loan, a cell phone bill, some medical bills in my credit including a judgment and all that equals out to about 10k in debt. I have dreams of someday owning a house. maybe when I’m 30? but for now i would like to obtain a credit car for everyday expenses. Should i file bankruptcy? I am obviously more conscious about the responsibility and importance of a good credit history that’s why my debts are all from 2007 but idk what steps to take. should i? is it beneficial?

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If you were sued in court and have a judgment against you can you still file bankruptcy?

This debt is 20k with interest accruing. Looks like this company is gonna succeed in garnishing my wages but I can’t afford it because it would be a hardship on me. If working with the plaintiff to get the debt reduced doesn’t work, can I file bankruptcy on it or will the judgment still be good for them to collect? I can’t afford to get my wages garnished.

So, my other questions is whether it’s true that you can’t get a credit card or a mortgage for 7-10 years.

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If you were sued in court and have a judgment against you can you still file bankruptcy?

Looks like this company is gonna succeed in garnishing my wages but I can’t afford it because it would be a hardship on me. If working with the plaintiff to get the debt reduced doesn’t work, can I file bankruptcy on it or will the judgment still be good for them to collect? I can’t afford to get my wages garnished.
No, this debt is 20k with interest accruing. Is that true that you can’t get a credit card or a mortgage for 7-10 years.

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How would I and my parents sue Wells Fargo Bank?

First they broke the Heppa Law, showed me my parents accts, in a private office on a computer.2nd,I filed for perm disability,they were to stop my automatic transfer of funds to a savings(you cant have a savings going through filing)the bank did not took them 6 mo. I went without an income due to there error.3rd, this caused my credit card accts to fall behind, I could’nt get caught up4th I started a re-fi with Wells Fargo ( my house is with them)I had a 785 Fico at this time.Long story they backed out,after stating I had the re-fi no problem I have the paperwork to prove this.I now have a judgment from a credit card co,my income went from 65,000 to 12000 a yr.I now have to pay to go bankrupt so I do’nt loose my house which is paid off in 7 yrs.

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What can I do to settle an arbitration award before it gets confirmed by the State Court?

I was recently personally served with legal papers, Petition for Confirmation of Arbitration Award with a hearing date of August 8, 2007. This was from MBNA credit card, asking for ,800. I owe them about ,200. I would like to settle with them before judgment gets confirmed with the courthouse to avoid wage garnishments and liens. I am the major breadwinner of the household and would like to know if it is best to settle with them before the court date or to have judgment confirmed and then settle with them at that time. I wish to keep my financial issues private and not be known by my employer (I work in the legal field). A year and half ago, I signed up with a debt management company to assist me in consolidating and settling all of my outstanding debt. When I discussed the matter with them, they said that I should file an Answer, but the document is not a complaint, but a petition. What proper reply or opposition should I file while discussing settlement with MBNA? Thank u

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I need to contact the attorney that is suing me over a CC debt, I want to settle, how should I word the letter?

I have an outstanding debt with a CC company. They have already filed suit against me. I cannot afford an attorney so I have tried to correspond as best as I am able, but I find myself hopelessly tardy in getting all the correct documents to the right people and to the right addresses.
So I figured I would send them a formal letter stating that I am willing to settle. I don’t know how to word this letter. I am unsure of the legal jargon needed to address the law firm. I also don’t know what amount to offer them. Does this letter have to be officially served?
The total amount of the debt is 42.90. This amount includes all the "FEES" assessed by the creditor. Obviously this is not the amount they will ask for once a judgment is issued against me for legal fees court etc…… I know that the original debtor was willing to negotiate with me, but I was in a near Fatal car crash and was unable to deal with any type of billing issues, much less
anything else.
Please help……. Thank you

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Can you file bankruptcy on a court ordered judgment b/c of car accident to lift suspended driver license?

This person smashed up my car from negligent driving and had no car insurance. I received a judgment and had his license suspended all of this happened in Illinois. They are now in Texas and can’t get a legit driver’s license due to the suspension/judgment. They now say they are going to file chapter 7 in Texas to overcome this situation. Would filing Chapter 7 bankruptcy vacate my judgment? Can he really do this?

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How do I know I should file for bankruptcy?

How do I know I should file for bankruptcy? What happens when I file? I live in NJ. I feel I should but what will happen if I do. I am 23 years old and it has been extremely hard for me to pay back anything. I was doing well until I got an unnecessary judgment put on me. (Which is on this link: http://answers.yahoo.com/question/index;_ylt=AjFS14c7T3RPLXBbkja_oPUjzKIX;_ylv=3?qid=20090809082945AAsDabI "

What should I do? Some one please help me.

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Settling a debt after my wages are garnished?

I had a judgment entered against me in January of this year. I could not pay it, and they would not accept payments from me. Now they began garnishing my wages. If I can somehow scrounge up the money from family members or something, can I still settle it and stop the wage garnishing?

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If I file bankruptcy after a judgment is placed against me, will it erase the judgment?

I’ve been sued by an account that was turned over to a law office. I want to file bankruptcy but I need time to come up with the money. What I’m wondering is, when I appear in court march 9th and they obtain a judgment for me to pay x amount per month, will I be released from this obligation when I file bankruptcy or will I have to continue paying it because I entered into a new agreement? Thanks for the help.

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How do you keep your home when filing medical bankruptcy? Chapter 7 or 13?

We are in the process of closing on our first house and don’t want to mess this up. My husband is being forced to file bankruptcy soon on ONLY medical bills. I don’t know if the bankruptcy should be filed just after closing to prevent a lawsuit from one of the creditors or if we should just go to court and settle the bankruptcy after a judgment has been passed. If we filed chapter 13 bankruptcy, what kind of percentage of the total bills do you usually have to pay on medical bills; or does it depend on your income and expenses? Help please! Also, will our credit cards (which we do NOT have a problem with) be taken away from us?

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How can I settle a $9,000.00 discover judgement debt?

The original debt was ,000… Everything I read and know is that companies are usually unwilling to settle a Judgment, but if I file bankruptcy they get nothing. Do you think given the current state of the economy and the pending credit card restrictions that they would be more willing to settle?

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How to settle debt with Attorney Office?

My credit card account is in debt collection and be passed to a attorney to sue me. I have contacted the attorney – he started threatening me that he has my account only to sue me – and that any arrangement with go through the court. I had asked how to avoid that, then he suggests that I settle with him and then will not be sued and avoid judgment – He is willing to settle but I am not sure if this is trap. The reason is that in NH where the account is, if a creditor cashes a full payment check and explicitly retains his right to sue you by writing "under protest or without prejudice" with his endorsement, then he can come after you for the balance. But those exact words must be used. If he writes "without recourse," communicates with you separately, notifies you verbally or writes on the check that it is partial payment, it is not enough.
Please advise how I could make sure he is not going to trap me and come back for the unpaid part later.

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In Virginia can a home be seized by creditors to pay off credit card debt.?

There are provisions in the state code for filing a detinue form for the sale of property to settle debt after receiving a judgment and posting a lien. Is this legal to be used by credit card companies? I get lots of conflicting info off of the web.

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Should I stop paying the collection agencies before I file for bankruptcy?

I am considering filing for bankruptcy. I am paying a collection agency and attorneys for a collection agency. They threatened to file judgments. I also had a judgment filed againstt me last week.

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I live in Chicago and Need to File bankruptcy whre do I start?

About 3 years ago my life turned upside down, I had clinical depresion, lost my job and quit school. I did not care about the world, about six months ago I had major surgery and now I owe about ,000 in medical bills, I have a ,000 credit card judgment on my credit. I need a fresh start. How do I file bankruptcy? I don’t own anything, not home or car. What can I do? Please help me.

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Can I satisfy a judgment myself after bankruptcy or do I have to pay for an attorney to do it for me?

I filed bankruptcy recently and my attorney charges extra to satisfy each judgment at the court house.
Does anyone know how I can do this myself without paying an large fee for each judgment??
Please dont respond with comments such as….
pay the judgment. The judgments have been included in the Bankruptcy. Meaning the detb has been discharged.
I am looking for information on how to remove them after bankruptcy by myself with out an attorney’s fee’s.

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I live in Chicago and Need to File bankruptcy whre do I start?

About 3 years ago my life turned upside down, I had clinical depresion, lost my job and quit school. I did not care about the world, about six months ago I had major surgery and now I owe about ,000 in medical bills, I have a ,000 credit card judgment on my credit. I need a fresh start. How do I file bankruptcy? I don’t own anything, not home or car. What can I do? Please help me.

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