Creditor lawyer attached note to judgment asking to talk to me

[rogue22]

Wife received motion for judgment as expected (credit card debt). However, the creditor lawyer asked for her to call him because he "believes this can be settled out of court". Obviously, he wants us to create a payment plan, but we intend to file BK CH.7 in Oct./Nov. Wife is currently on the last extension of unemployment (next UC check is the last one) and will get a part time job that only pays $7.50 an hour for the first 90 days then $10. So eventually in the long run he could he a whopping $50 a check at most, briefly before we file ch.7. Or by the time the judgment is final and he files for garnishment, he may not even get anything depending on how fast he and the court is.

So I should I even bother to call the lawyer to explain the situation that he's basically wasting his time. He wont believe me anyways and im sure he'll continue with the judgment regardless.

I just dont see any benefit of calling him.

[bcohen]

No, do NOT call the attorney--especially if he doesn't already have your phone number. Calling him will not stop any efforts to obtain a judgement--especially if he has already invested the time and money to bring suit. Once he gets the judgement, he still has to locate any bank accounts that you may have, or employers that you may be working for in order to garnish/levy the funds. For a private creditor, this is often more easily said than done.

However, once the judgement is entered, you should make sure to close all bank accounts or keep the balance below your state's nonbankruptcy exemption amount. For example, I live in Arizona, where we are allowed a piddly $150 exemption, which means that a creditor can seize everything in your bank account except for $150, which would mostly be eaten up by bank fees for processing the levy anyways. So if I got hit by a lawsuit, I'd close all my accounts ASAP and keep the cash in my apartment, and then use money orders to pay the rent and utility bills. However, there are some states where you can exempt $1000 or more, so if you are genuinely poor then you don't have to worry about your funds being seized. Again, you need to research your state's laws on this; we are not attorneys, and this forum is not intended to provide legal advice.

Likewise, even assuming that the judgement creditor somehow finds your wife's employer and wishes to begin garnishing her wages, she will have the opportunity to object on hardship grounds, and if her wages are as low as you suggest and she can prove your living expenses, a judge may block or reduce the amount that can be garnished. Again, this varies by state law, and you should research the laws in your state.

[AngelinaCatHub]

I agree with bcohen. What amount is this CC and "possible" judgment? If less than 10K it would be small claims (dependent on State). If more, still, they know if you are not a collectable client, they may not even bother. It could be a bluff. As far as garnishment, here in FL you have a minimum of 500 a week that cannot be attached from the primary income. You are in FL and read the exemptions. Google FL exemptions to judgments and they are same as bk or close to it. Wish you well and you will do just fine. 'Hub

[Exployer1234]

I can only tell you my experience that even if you work out a payment plan with the lawyer they still can process a judgment and garnish your wages. Also just because you state has certain minimum amount that has to be left for you each week does not mean that the creditor will not try to get around that amount.

My case was that a garnishment was obtained against me for 25% of my pay each week. Problem was that the creditor was not supposed to get 25% of my pay since I only made 7.25 an hour. Needless to say the judge signed off to take 300 dollars a month. It would have taken more for me to fight this in court to have this reversed. I went ahead and filed BK because there were more creditors in line to file judgements against me, and even though the law states that every creditor would have to split the 25% I could already foresee that somehow each creditor would get 25%. I also worked out the payment plan with the lawyers office, but that did not stop them from sending a garnishment through for a higher amount than was agreed.

[rogue22]

Hub, the CC is for about $19,000 but is listed on the clerk of court website's record page under the small claims section.. As noted in my other topic, the $7000 valued car is the only thing we have really, but the consensus was thats its not worth enough for the CC lawyer to take.

[shark66]

By calling him back you've got absolutely nothing to gain.

Ignore the lowlife and proceed as planned, towards the much needed relief of Ch. 7.

Good luck.