2 days until Wage Garnishment trial...

[helpmepuhlease!]

Wednesday is supposed to be the day (3/21) I go to trial for the Wage Garnishment. Not sure exactly what my lawyer has done. I spoke with him yesterday and he said he was going to call the law firm representing the credit cards. He is working on filing a petition and I am (not at the moment) working on my credit counselling online (can't file for bankruptcy without it I guess). How long does it take after court hearing for them to go to your work and begin garnishing your wages? I am so embarrassed I wanna take the whole week off from work because I am afraid there will be some kind of a scene at work regarding this. What happens if you don't show up for court?

[Spartan]

Don't file until you have arranged to pay rent to your parents. No point in going to CH13 just b/c you stay at your parents. You'll be screwed if you file as is now.

Is 3/21 the trial date or the last day to answer the summon? Did you get a summon that states you have to answer by 3/21? If so, have your lawyer just answer the summon. Then a trial date will be set, that will be a month away, at the minimum. If you don't answer by 3/21, a default judgement will entered against you and then they will dispose you, ie send you a form to fill out, which give them info as to how to enforce the judgement.

I am not sure. But from the sound of it, it isn't a trial date. It is the last day to respond to the summon. You don't get to go to trial unless you have answered the summon. If you did, you should have been much further along in filing already. Thus my reasoning that 3/21 is the last day to respond to the summon before a default judgement is entered.

You should have done your homework long before 2 days before 3/21...

[SinkingFast]

Spartan may be right. You have until 3/21 to respond to your Creditor's complaint. If you don't respond, the Court will issue a Summary Judgement in favor of the Creditor against you. That's when the wage garnishment process will kick in gear. If you file a response, any sort of response, that will slow the whole process down.

All you have to do is ask for the debt to be verified. You can claim that you don't agree with the $$ amount. Or you can say you did not open an account with said Creditor on whatever date they are claiming. Just find something in their claim you do not agree with. You'll buy yourself additional time.

[helpmepuhlease!]

Thanks for the advice...

Thanks so much for your help. I didn't wait til last minute, as soon as I received the letter from the sheriff I was at the bankruptcy attorney the next day. It took me an additional week to come up with the 1500 dollars and the lawyer said they couldn't start the petition until it was paid in full and I was told about the credit counseling but was unaware that it needed to be completed before filing. I just didn't know what happens after the trial. (At least that is what I think it said) As that date gets closer it was stressing me out. I don't have the actual "summons" (not sure what it is referred to but the papers the constable left for me) because I gave it to my attorney. I could of sworn that I am supposed to go to my local court house on 3/21 for a judgement.

Let's say that it is what you say it is just a response.. How much time would you say I had before they took action or how long could I put off filing? I am currently looking for an apartment so that I will qualify for Chapter 7 and the last thing I need is to find a place and then have my wages garnished. Thanks in advance...

[helpmepuhlease!]

I found the summons...

i found the summons and it is a motion for a hearing on 03/21/07 at 9am. Do I go? I am assuming my lawyer would have told me to go if I had too.. I know he has contacted the law firm representing the credit card companys. Oye Vay! This stinks!

[lrprn]

i found the summons and it is a motion for a hearing on 03/21/07 at 9am. Do I go? I am assuming my lawyer would have told me to go if I had too.. I know he has contacted the law firm representing the credit card companys. Oye Vay! This stinks!

YES, YOU NEED TO GO! If your attorney shows up in court in the morning, great. However, if your attorney doesn't show up and you don't show up either, your creditor automatically wins and the process to have your wages garnished will start right away. At least if you show up in court in the morning, you have a chance to explain your situation to the judge directly. If your lawyer has handled everything already, then you've only lost a morning. You could lose much more by not going.

[SamanthaJones]

You have to go to the hearing.

And it's a hearing, not a trial. Worst case- they win their argument, and you lose. After that though, there's another hearing if you don't pay them- a hearing to show your income and asset and ability to pay to the court system- if you have no ability to pay, they can't collect, but could file for a lien on your property, perhaps. If you do- the court will decide that you can be garnished. Even then? The creditor has to spend even more time and money to enforce the garnishment order. You have plenty of time to breath and collect your thoughts. Do you have income to pay the possible judgment order? If not- try telling the creditor that fact in advance- thye may decide to give up.