Can I file bankruptcy on a a judgment against me?
I just got out of court, the judge ruled in favor of the plaintiff! Can I file bankruptcy so I don’t have to pay? It is a very large amount and I have no way to pay it.
I live in California.
Posts Tagged ‘plaintiff’
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?
in a law suit for credit debt, if we are truly unable to pay the debt back now, what are our options?
We are filing an answer in the next 9 days, we would like to settle out of court, when could that be brought up in court? or to the Plaintiff. We do not want wage garnishment or to have to pay the full amount. I heard there is a statute of limitations as to how long the creditors have to sue. What is that in Texas?
Settling credit card debt with plaintiff's lawyers?
I am now dealing with the plaintiff’s (credit card firms) lawyers and they state that the check or money order be written out to the name of the credit card firm. How is this possible? I thought the lawyers would become the debt collection agency and the check be written by them? Help
I forgot to mention. These are NOT inhouse lawyers; they outsourced the collection to an outside law firm.
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.
Do i have to pay interest on a debt i was sued for after i agreed to settle it by paying monthly?
I was sued for a margin debt and then i accepted an offer of settlement by the plaintiff. i told the plaintiff in the answer that i accept the settlement by paying monthly. Now they want me to sign a stipulated judgement saying that I will pay interest on the debt until its paid. the plaintiff’s attorney said to me in an email "As you know, you accepted our settlement offer of ,000. If you had paid that sum in one lump payment upon that acceptance, there would have been no interest. However, since you are making payments, interest accrues under Washington law at the rate of 12% per annum." is this true? do i have to pay interest by law because i’m paying monthly?
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.
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.
We are being sued! If we file for bankruptcy will our mortgage lender have to attend the hearing?
My husband is being sued for a car accident that he caused a year ago,for 0,000… we dont make alot of money and we recently bought our first home 4 months ago. If the plaintiff wins and we are not able to pay and he garnishes my husbands wages we will need to file for bankruptcy. Will our lender have attend the bankruptcy hearing and will this at all affect our loan with the mortgage lender? Thanks for your help!
lol..landlord, no of course not. The accident happened over a year and half ago and no, he was not hurt, he didnt even go in an ambulance and his car only had a dent in it…he is suing us for emotional damage and "physicall therapy" and loss of work…he is a total fraud and hopefully we will win in court but just in case we dont, I was just wondering…stop being so judgemental
What happens when you declare bankruptcy….?
….after you get sued for building a faulty house for someone. The judge is in favour of the plaintiff, whose house you built. He rules that you must pay them ,000 to compensate for the cracks in the ceilings & walls and various other mishaps. You then, like a b*tch, file for bankruptcy. Don’t know how to phrase this, but: your claim for bankruptcy is accepted.
Replace the you with defendant. What prompts me to ask this is that the defendant walked out of court saying "You’re not getting one cent" to the plaintiff. Which, for comedic effect, i will add that he got punched in the face :L
Questions:
1) How does the plaintiff get his compensation, in civil law or whatever area of law? Are there alternative ways to gain compensation for this issue other than suing? Obviously the suing did not work out? Like for e.g. in criminal cases you can go to the Victims Compensation Tribunal if suing civilly does not work in your interests.
2) Does the defendant (in bankruptcy) have to sell all his assets and every cent of his future income goes to paying the defendant the compensation? Its only fair..
3) Does he get off scott free?
Thanks in advance 
Would appreciate it if any lawyers on yahoo could lend a hand in releasing me from confusion and unknowledgability.
Ps. The jurisdicton is NSW, Australia.
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.