twenty days can they garnish or take my bank account without a trail or hearing

[jl0816]

I live in Kentucky and have recevied a notice that that reads as follows:
You are hererby notified that a legal action has been filed against you in this demanding relief as shown on the doccument delivered to with summoms. Unless a written defense is made by you or by a attorney on your behalf and filed in the clearks office within twenty days following the day this paper is delivered to you,judgement by default may be taken against you for the demanded attached complaint.

Although I received the dockument above I have received no summons to appear in court and none appears where there is a space below the above that said proof of service however they did send me a certified letter which I signed for.Can they get a judgement or garnishment without some kind of a trail or hearing.

At the present time I can not afford a lawyer,so Is there something I can do or file myself until in can come up with the funds.Could I file myself then turn it over to a lawyer.I need some way to stop it now before they really stick it to me.Were do I start? In the clerks office or with a trustee?What are the process to get started?I checked the court dockets and their Is no court date set for this.The big is question can they do it without one and or real court summons being served to me.Any advice would be helpful.

[StaciMM]

My best guess (and it is a guess since I don't know KY's policies, etc.) if you don't file an answer, the judgement will be entered and that can lead to garnishment, etc. It probably won't be automatic, as the creditor will need to find out where you work & serve employer w/ paperwork to start a garnishment. If you file an answer (call the clerk listed on the notice to ask where/how) there will be a court date scheduled. At that point, there will likely be a ruling in the creditors favor and THEN a judgement gets entered.

Basically, filing an answer buys you more time.

How much is this debt, when is it from (and when did you last pay on it), and what other debts do you have? I assume you're here possibly for info on filing bankruptcy, or did you already file?

[jl0816]

so what if I.......

so what if I send them a cerified letter saying that I want a court date for my defence will that
buy me more time until I can come up with the funds to hire a lawyer.
The debt is from a bank they have already repoed their stuff. Can I file on this. There is still a balance left.Like I said were do I start.

[Minnymouth]

A little more info needed!!!

Is this over a vehicle they repo'd?? If so, they have picked it up (yes), sold it and now they want a judgement against you for the difference of what you owed and what they sold it for.... the balance is your responsibility.....

Is this correct???

Yes, the papers you signed for is a summons to reply to the court - if you do not answers the summons they will be granted an automatic default judgement against you and can begin garnishment of wages to collect their debt.

If you do not understand the proceedings then you need to consult and attorney.

Basically if the amount you owe is not much - it would not be worthwhile to fight this or hire an attorney..... you would be better off just paying it, even if they garnish your wages....

They can only take soooo much of your wages... In Ky I believe its 25% of anything above $154.00 a week... (not sure, but used to be)....

Consult and attorney and see what he thinks.....

Keep us posted,

[StaciMM]

If filing a BK is your intention, then yes-you can file on it. A first step for bK would be to consult w/ a couple of attorneys. Have info on all your debts, income, and expenses.

There will be a specific process for filing an answer-it probably does not include a certified letter. You'll need to contact the clerk of the court where the letter came from to determine what that process is.

[jl0816]

if they get the judgement.........

If filing a BK is your intention, then yes-you can file on it. A first step for bK would be to consult w/ a couple of attorneys. Have info on all your debts, income, and expenses.

There will be a specific process for filing an answer-it probably does not include a certified letter. You'll need to contact the clerk of the court where the letter came from to determine what that process is.

If they get a judgement can I file on it.

[StaciMM]

You file on the debt, the discharge makes the judgement uneforcable.

As long as the debt is something that is eligible for discharge, then yes, you can file on it. Some examples of things you can't discharge are child support, taxes (there are some exceptions), and damage charges from drunk driving.

[bkfiler]

taxes that can be discharged are ones that have been filed 3 years or more ago on. key word filed. if you filed late then it starts from that date.

if anyone does have a judgement against them then make sure you dont have a lien as well. you will want to take care of this lien inside of your bankruptcy BEFORE you are discharged or it will cost you very much more.