Posts Tagged ‘judgment against’

how do i resolve a debt with a debt collector who will not talk to me?

its from a credit card debt, which was turned over to Arrow Financial Services (a debt collector), they in turn had Mann Bracken LLP (a national collection attorney network firm) contact me to settle the debt. I made arrangements to pay the debt, and was making monthly payments, directly taken from my checking account. After paying 00.00 over several months time, I received an "Agreed Judgment" from Mann Bracken in which Arrow Financial Services is the plaintiff and is seeking a judgment against me. I was in communication with Mann Bracken and was told to sign the Agreed Judgment and they would agree to not execute, abstract, or otherwise seek to enforce the agreed judgment during the term of our temporary agreement, as long as I (the defendant) complies with the payment terms. I agreed to pay 0.00 monthly directly from my checking account for 9 months, then the parties agree to review the matter again and attempt to negotiate a final settlement agreement.
This was in Sept of ‘09, in which I was dealing with my daughter and my grandson who were in crisis and our family was occupied with their issues, so I had every intention of signing the agreed judgment, but I got distracted and didn’t sign it, so at the end of Oct ‘09, a "Final Default Judgment" was issued against me. I of course called Mann Bracken and was told that after our agreed 9 month period of consistent monthly payments, they would have the judgment taken care of.
So I made my monthly payments every month, but in Dec ‘09 the money was never taken out of my account, so I called Mann Bracken, but the phone # was no longer in service. I tried several different #’s and all were disconnected, then I read on line that Mann Bracken had been investigated/sued and went into bankruptcy! So I then contacted Arrow Financial Services, spoke to a representative, explained the situation, and was told that a new debt collector attorney will be contacting me, but that has been 6 months now, and no one has contacted me.
What do I do? How do I settle the debt, I am more than willilng to settle, and what do I do about the Final Judgment? I’ve pulled my credit report from all 3 credit bureau agencies, and there is no judgment listed. I contested the debt with Arrow Financial, but after the investigation, the debt still stands in effect on all 3 credit bureaus.
Do I need to hire a lawyer?

Technorati Tags: , , , , , , , , , , , , , , , , ,

How can I negotiate a settlement with a debt collection company?

I have a verbal agreement (which I know is worth the paper it’s written on) for half of the total balance. However, they want a lot of personal info relating to our hardship: bank statements, paycheck stubs, self-employment income, and list of expenses. I’m uncomfortable providing this information. They do have a judgment against me and I’m afraid to put much money into our personal account. What information should I definitely NOT give them?

Technorati Tags: , , , , , , ,

I need to file bankruptcy but can’t afford to pay a lawyer. Is there anywhere that provides assistance?

I lost my business, home, etc and owe a lot of business and personal debt. I want to pay it in time but can’t afford to pay anything right now. The creditors are harassing me and so I need to file now because one has filed a judgment against me.

Technorati Tags: , ,

My credit cards are in collections, and I’ve been given settlement offers. Should I settle or file bankruptcy?

I have 5 credit cards total. 2 with American express, 1 with Washington Mutual, 1 with Capital One, 1 with Barclay. The debt with WaMU has been sold to a company, and is no longer owned by them. The rest of the debts are still ‘owned’ by the original creditors and I can settle the amounts with them, most at 50-60%.

I have not made payment on any of these accounts in over 5-6 months, and am now in a position through assistance from a family member to pay off all the debts via settling. After speaking with a couple of people though as to how this will affect my credit I wanted to know what I should do.

Should I settle the cards? Or should I file bankruptcy? The total debt on credit cards is -14,000K. I also have k in student loans, and a ,000 judgment against me from court. I am fairly certain that me filing bankruptcy would not remove the judgment against me, or my student loan as it is through the federal government. Am I wrong?

My main question though is, what will hurt or be best for my credit? Me settling the debts, or filing bankruptcy? Which helps me the best for rebuilding my credit in the least amount of time?

Technorati Tags: , , , , , , , , , , , , , , ,

Can you file for bankruptcy for future lawsuit?

I might have a judgment against me in the future for about 200 grand and i will definitely not be able to pay it of if it goes through. So my question is can i file bankruptcy before the judgment or do you have to wait after the judgment???

* if i did file it would be for only 15 grand, would the court grant me bankruptcy?**

Technorati Tags: ,

Can I file bankruptcy to cover a judgment?

I have a judgment against me for over 0,000 due to a crazy con-artist ex-boyfriend. He only works under the table so of course, they come after me. I’m a single mom and work very hard for a living to support my children. I have now received notification of garnishment. I’m wondering if filing Chapter 13 bankruptcy could include a judgment or not? I have an appointment with an attorney on Monday, but would like to get some sleep this weekend!

Technorati Tags: , , , , , , ,

How can I file bankruptcy on medical bills, that is my ex-wife's.?

The creditor filed judgment against me on my credit for medical bill, that was from my ex -wife. I was being nice and stupid, she was still under my insurance coverage even we were separated, I had no idea where was she, all of sudden there was medical bill on my credit. I filed divorce on the news paper because I couldn’t find her. I am still not able to pay this money, I am thinking about filing bankruptcy… How can I do it?

Technorati Tags: , , , , , , , ,

What do you do when you are unable to settle with an attorney threatening Judgment for CC debt?

I have an attorney who has been negotiating with another attorney who is attempting to get a judgment against me for CC debt originally in the amount of ,300. I had been served but do not yet have a court date. The judgment paperwork states the judgment at ,000. We have been negotiating for several months, I have offered a lump sum payment of K, which was refused and they asked for K. Payments on k with K down and 0/month (which is all that I can afford), they came back with .1K and 0 a month and 00 down. I just don’t have the cash to do this. It seems they are asking for an exorbitant amount. I’ve worked with many other creditors and they have settled, usually for less than the actual debt, but this guy is being a real knucklehead. At this point I either have to come up with the .5K or take my chances in court. Any suggestions? I’d like to settle this, but I think they are asking way too much. Just FYI…I ended up at this point because I broke my back 5 years ago and became disabled and ended up loosing my house, car and not paying many of my CCs. I’ve been trying to settle most of my past debts

Technorati Tags: , , , , , ,

Should I file Bankruptcy?

Here’s my problem… I am 22 years old, and I went to college for 2 years. during that time I racked up some pretty large bills that I couldn’t handle. I have about 7500 dollars charged off and in collections from credit cards. 2200 of that I have a judgment against me for and they said that they could garnish my wages soon if I don’t pay it off. I had a repossession 14 months ago and owe Wells Fargo ,000 to pay it off. Last but not least, I subleased an apartment to a stranger 2 years ago and I moved out of town. Now I have found out that that person stopped paying the rent and that because I subleased the apartment I am responsible for the rent that was not paid which come out to about 00. So, all together I owe about ,000. I have called all of the creditors and asked what it would take to settle. After calculating that all up it comes out to about ,000. The only thing I have paid perfect is 2 student loans and that’s it. I have no car and I cant get a car loan. I have been rejected for an apartment because of the judgment on the sublease issue. Basically, I am better off dead but I cant bring myself to do that. So I have to decide what to do….Is bankruptcy the way to go?

Technorati Tags: , , , , , , , , , , , , ,

I have been getting numerous adverts from lawyers suggesting I file a chapter 7 bankruptcy?

Discover card has supposedly filed a judgment against me. I have yet to be served and I know from researching they can’t take away my home and in the state of Kentucky can garnish up to 75% of my disposable income. I am currently unemployed but I am still worried as I know about the damage bankruptcy filing can do but I also know they want to get paid. Any suggestions ?

Technorati Tags: , , ,

Ongoing Civil Case: Must file Bankruptcy…What's the best timing? now or after judgment? Thank you.?

I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. :) They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

Technorati Tags: , , , , , , , , , , , , , , , , ,

I have a court ordered judgment against me but if I file bankruptcy now, do I still have to pay?

My husband has a ,000 hospital bill and in the state of California, the spouse is also responsible to foot the bill. So now, we have a court ordered judgment against us. Since our house is now in foreclosure I was planning on filing bankruptcy anyways. Will filing bankruptcy stop this court ordered judgment? If not, can they garnish my wages? -note, My husband lost his job and I am the sole provider for a family of 4

Technorati Tags: , , , , , ,

Chapter 13 Bankruptcy – How are the repayment figures calculated?

I am thinking of filing for Chapter 13 bankruptcy. I already have one judgment against me and I am worried another collection agency will be taking further action. How do they calculate the amount that the Trustee will accept for repayment? I am already paying close to 00 for my unsecured debtors. I am concerned because I am going to have some large medical bills in the near future. Any help would be appreciated. Thanks.

Technorati Tags: , , , ,

What happens if someone gets a judgment against me but I file bankruptcy?

If I just filed bankruptcy but I get a judgment against me by default, will bankruptcy take care of it?

I cant include that in bankruptcy because i don’t owe that person anything, but I cant afford a lawyer and the plaintiff got one of the best lawyers in town…. So the case is pending right now.

Technorati Tags: , , , ,

-->