Interesting developments - any final thoughts

[catwhisperer]

Hello,
You remember us, we are the ones being sued by a bank for the balance due for a repossessed RV. Well, we went to court and as we suspected the attorney for the bank did not show up. We were representing ourselves and the judge had mercy on us. We now have 30 days to file why we think the amount was wrong for the total due. This will give us the well needed time to make the ultimate decision with whether or not to file for CH 7. Our lives are finally turning around financially so if this judgment comes against us it will turn it upside down again and we still have gargantuan credit card debt.
But, has anyone else had a similar experience and just a thankful hallelujah that there are understanding judges out there that don't always side with the Goliath's out there.

[SinkingFast]

My Brother just went thru a similar experience this week.

He had a car repo'd and the Lender got a Bank Acct garnishment against him. Wiped out his bank acct. Over drafted the acct in fact. This took place in Kentucky. Law requires that the defendent be served first or the Lender have substantial proof that they could not find the debtor. Bro was never served. How they got the Garnishment to begin with remains a mystery.

BUT in KY, it's against the law to garnish wages from age or disability. Bro and his wife both draw SSDI. So Bro got an attny and they went to Court this week. The Judge asked to see 2 months of bank statements and he will sign a Court Order requiring the Lender to return all monies taken. Plus all costs. That's attny's and bank fees.

Sounds like your Lender's attny anticipated that you would not show up in Court to defend yourself. How stupid was that??!!

WoooHoooo for you!!

How you can side step this issue and draw out the situation further, I'm not sure. Maybe others will chime in here with suggestions for you on how to draw out the situation.

This gives you a breather to get your docs collected and an attny picked out. Maybe even get your petition prepped just incase you need to file BK on a moment's notice.

[catwhisperer]

snipped

How you can side step this issue and draw out the situation further, I'm not sure. Maybe others will chime in here with suggestions for you on how to draw out the situation.

This gives you a breather to get your docs collected and an attny picked out. Maybe even get your petition prepped just incase you need to file BK on a moment's notice.

That's what we are thinking. We need to get things ready to file, probably will before this judgment is put against us. From reading here, it is easier without a judgment against you first. The BK is bad enough.
The bank attorney sent us a letter saying they were going to request "with our approval" that the judge decide just on briefs alone. We sent a letter to the attorney saying "NO!" and that we would be there and if they get a judgment we were going to file bankruptcy. The bank attorney is probably going to be pretty durn mad when she gets the note from the judge that is was extended. We wonder what her next step will be. But, in the meantime, we will get our files and info together to get the BK ready to go.

[djk]

I would think that you could file for an extension with the court if you want to string it out. basically, the court gave the other side an extension after a failure to appear. that is what the "with your approval" was about, you were supposed to agree, since you did not and since they did not show it was pushed forward. but as to your other point, yes, indeed most judges are good and as long as you respect them and their court you will be treated ok. I'm thinking this thing is in your favor since you no longer have the RV.