A coincidence or sneak attack

[ivehadit]

I got a judgment last month after checking court records online i see i have a judgment debtor exam coming up, it just happens to be on payday. I get a paper check now since before the judgment do i need to be concerned about getting my paper check on same day as exam? I need that money to make mortgage payment and get household goods. I'm already 1 month behind on mortgage this would really hurt if i lost my check.

[AngelinaCatHub]

Forget to pick it up that day. Pick it up the next day. 'Hub

[ivehadit]

That would be easy enough to do... the more i think about it i suppose the judge couldn't demand I turn it over when i get it. Looks like this is the motivation i need to get the ball rolling on the bk. I still have to find a lawyer.

[treehugger1]

Were you served for the debtor's exam? Check your state laws and see if service is required and what type of service is legal.

In a lot of cases, it seems the judgment creditor's attorney first sends a written request. If you fail to answer they can then have you served to show up in court.

If you have nothing to lose other than wages, then you should show up.

In terms of your paycheck, how timely on the part of the plaintiff's attorney. I'd wait and see what transpires at the exam. The judge could issue an order stating you cannot dispose of any non-exempt assets. This would also mean cash. So, you might want to hypothetically determine if you can make it on 75% of disposable (after-tax) income. Or, you might be able to make an argument that you need your entire paycheck to support yourself, family, etc. It might also be an opportunity to state you are preparing to file for bankruptcy.

There are a lot of variables here. If you were not served, and service is required, and you received nothing eluding to the debtor's exam, you might ignore it. I would not do so lightly, but if you didn't show up and a judge held you in contempt, they might order you to court to show cause. If you were not properly served/notified maybe this is cause to miss the hearing.

How long have you know about the judgment? Is the cerditor local o rsome attorney firm representing one of the national/regional CC companies?

[treehugger1]

[treehugger1]

[ivehadit]

Thanks for the responses, I cannot find a definitive answer for what kind of service is required for Ohio. I received the default judgment in Sept from a local creditor, I was a small time farmer and the creditor is a local chemical supplier they applied herbicide and fertilizer to my crops and charged me more than I got from the crop sales I had enough and did pay half the bill but then i had no more money. I sold most of my farming tools since but still have a few. I looked on the county website monday and saw where they requested debtor exam. I have not received anything yet concerning the exam nor did i receive interrogatories. If i'm not served in some manner I'm not showing up otherwise I will and pead guilty to being broke. A garnishment will screw me up pretty good so i guess that's the nuke button for bk so to speak.
Would it be wise for me to try to collect my paycheck and spend it before the exam? (pay mortgage buy food with the rest) I would be hard pressed for time but might be able to make it happen.