Summary judgment granted aginst me ---

[rbaronex]

Judge granted scumbag credit card company a summary judgment today. I will be contacting an attorney to file my BK-13 this week. How much time do I have prior to them trying to garnish my salary or go after my bank account?

I'm in Arizona..

Thanks,
Rob

[clevelandmom]

Hi Rob,

I'm in Ohio, but welcome to my life. If you're filing BK next week, you have absolutely nothing to worry about. They would still have to get notice to your employer and give THEM time to respond.

I, too, received a judgment and actually beat the motherless rat bastard blood suckers by one hour - LITERALLY. You will be okay. Just get it done as soon as you can. Best of luck my friend!!

[TeresaS]

I was discharged from a BK in June 2009, filed Nov. 2008, just found out I'm liable for HOA payments from when I filed to when the bank took possession, which was in Dec. 2010. got a call from a collections agency trying to collect $6700. My attorney never told me, when I contacted her, she said "I'll check into your liability" WHAT???? You're the BK attorney and you didn't know this... Florida condo.... Does anyone know what they can do to me if I don't pay? The BK is on my credit for 10 yrs anyway..... I can't pay it..

[systemslt]

get the money out of the account NOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

if you have direct deposit stop it NOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[kornellred]

They say that timing is everything. I believe it. You will be given no notice whatsoever if the judgment owner goes after your bank account. From what I understand, you will receive advice concerning intent to garnish wages.

Get your money out of your primary bank account and cease direct deposits - no matter what. But be advised that the bank will charge you various fees if they receive an order to freeze the funds in your account - even if there is no money in the account.

Funds seized from a bank account get paid to the sheriff's office after a one month waiting period. Then, it is the sheriff's responsibility to pay the judgment owner. Once you file for bankruptcy, all collection measures are included in the automatic stay, so you will recover any money seized by the judgment owner post-filing. But save yourself the hassle and get filed!

[justbroke]

I was discharged from a BK in June 2009, filed Nov. 2008, just found out I'm liable for HOA payments from when I filed to when the bank took possession, which was in Dec. 2010. got a call from a collections agency trying to collect $6700. My attorney never told me, when I contacted her, she said "I'll check into your liability" WHAT???? You're the BK attorney and you didn't know this... Florida condo.... Does anyone know what they can do to me if I don't pay? The BK is on my credit for 10 yrs anyway..... I can't pay it..

In Florida, you are only liable from the time you filed until the foreclosure. Since the foreclosure was 12/2010 and you filed 11/2008, that's 2 years and 1 month.

Now, there is a Florida law which protects you from part of this. The bank is responsible for the taxes in an amount for up to 6 (or 12) months or 1% of your total balance on your loan, whichever is less. F.S. 718.116

However, since this is over 2 years, you may owe a significant amount. Sorry that your attorney didn't explain it. This is one case in which a deed-in-lieu would have been better than just abandoning. Condos are so hard to sell in Florida!

What can they do to you? They can pursue this all the way through to a judgment lien and then levy your bank accounts and even obtain a garnishment order. You might be able to negotiate a "settlement" amount, but they do have a valid claim.