got court date for judgment, what now?

[curlysue]

I was recently served with papers for my credit card debt (totaling about 6500 at this point with interest and lawyer's fees) and my court date is set for next week. I contacted the firm handling my case and told them that I don't have a job or a bank account and most likely won't have a job for awhile, and they sent me a form so I could fill out my monthly expenses, along with a Consent to Judgment document which I have just gotten. I've posted here before about my situation and was told I was "judgment proof" but I'm looking for some clues as to what to do now, what with going to court and what to expect. My other debts include $400 to Sprint and a private student loan co-signed with my mother that has about 4k left on it (she pays this.) With such a low overall debt total I was told by people here that filing for bankruptcy was not the best route to take.

I was wondering what to do about the court date itself, whether I should attend or not and what I can expect to happen. I cannot afford a lawyer. If the Judgment passes regardless, what happens next? I have no assets, nor will I have a job in the next 2-3 years on account of returning to school (I am in the process of working with my area's Unemployment council to receive a scholarship and aid to go to nursing school.) Any help, guidance or links to resources on this matter would be very much appreciated.

[drowningNdebt]

They will put a judgement on you and levy your wages when you do get a job. If you have any money in a bank account they will seize that too. If you have none of the above, nothing can happen. You will proceed to court, hear the case and move on.

[curlysue]

So should I just sign the Consent to Judgment form? Will a judgment for wage garnishment prevent me from getting a job in the first place? And if I get a bank account in the future (assuming I get a job and need to get one to cash my checks) can they seize funds in that too? I don't currently have a bank account. How does a judgment affect credit scores?

[mrbsf]

Are you still in the time period to answer the summons? If so, I would consider answering the summons with an affirmative defense questioning the accuracy of the balance. This will at least buy you some time. You can handle this pro se (without attorney). I would NOT provide any information to the CA firm. You are under no obligation to provide details of anything unless you are in court under oath. DO NOT sign the "Consent to Judgment" document. Make the collection attorneys earn a judgment. If they do, you are essentially judgment proof at this time. However, judgments are good for at least 10 years. So once your out of nursing school, earning decent money they could resume collection attempts. Best of luck.

[curlysue]

If the end result is a judgment regardless, why not just sign the consent form? I'm not going to file for bankruptcy and I understand that a judgment means wage garnishment whenever I do end up getting a job. If I sign the consent form would that harm me from perhaps filing for bankruptcy further down the line (I don't know why I'd need to, just throwing it out there.) What specific benefits are there to letting them earn a judgment as opposed to just signing the consent form?

At this point I'm just wondering if a judgment for wage garnishment will hurt my chances for a job in the first place, and if they can seize a bank account created after the judgment passes.

[mrbsf]

If a CA firm obtains a judgment, it turns an unsecured debt into essentially a secured debt allowing them to garnish wages, seize assets from bank accounts etc. ANY time in the next 10 years. You may be judgment proof now, but it seems like you want to be in a better financial position in the next few years.

Having a judgment against you does not prevent you from filing bankruptcy in the future. In fact, it will vacate any judgments against you. Remember the people that sued you are not the original creditors, they are debt buyer's, who purchased your debt for a fraction of it's original value. Why give them "retail" price. I would explain my situation to the CA firm and try to work out a payment plan, even if it's $25 a month. Submit your proposal in writing and mail it certified w/RR. If they reject it, take a copy to the court date and tell the judge you've tried in good faith to work something out. The judge may be sympathetic toward you and strongly suggest the CA firm work something out.

[curlysue]

I have already spoken to the CA firm and they sent me a form to list all of my income (none), expenses (none), and bank account balance (which I don't have.) It also has spaces for payment plan information, but I am so seriously poor that I couldn't even afford $25 a month. Maybe $10 a month if I begged my parents to pay for me. Right now I'm applying for aid from the Unemployment agency which would help me with gas expenses and new clothes because I have never had money for either. At this point scrounging up some change to pay for gas to even drive down to the courthouse is a concern. (My parents have their own financial problems and don't make much money besides, and are therefore unable and unwilling to help me, which I completely understand... my debt, my problem, after all. But it's also part of the reason why I haven't been able to get out of the house to get a job because they haven't been able to help me with getting a car or lending me transportation. Yadda yadda...)

Since I'm going back to school and have received a Pell Grant I'm worried that once my check comes, and if I get a bank account to deposit/cash it, if they can seize that and take it away from me.

If I go to the first court date and explain my situation to the judge, could that possibly delay a judgment?

Oh and I just wanted to add that I appreciate everyone who is taking the time to answer my questions, I'm very grateful.

[AngelinaCatHub]

Well Curleysue I see you posted in two places. A real confusion factor. Those people are telling you the same thing I said in your second thread. Don’t deal with that agency at all. Don’t sign any of their forms. You will be doing yourself in. You best see an attorney in this case as you are getting confused by talking to them and asking us about it. You do need professional legal help on this one. I say you do not ever want a Judgment. I can tell you tales about them. ‘Hub

[debtmonster]

My question is, what is the "trigger" or "mechanism" that enables the people to find you in order to garnish your wages once you do get job job?

Everybody posts like garnishing a wage is so easy. I don't know of any public database that has the entire working population in it that gives out free info for anyone who asks for it.

If I were to get a job working at Home Depot, who is the tattle tale that goes out and says, "He's working over here now! Come garnish him!!!"??

If it's so easy to garnish, why has nobody ever done it to me?

I lived in Illinois for almost 2 years which gave them plenty of time to come and find me and garnish my $70k job.

I lived in Missouri for 8 months making $55k. Nothing happened there.

I lived in South Florida for many years and nothing happened there.

I wish somebody would post the solid facts that show why some people get a judgment while others don't. If there's anyone on this entire forum that should have judgments, IT'S ME! In nearly 20 years the only time I have been served papers is for a car repo. I moved and did not give them my new address. My car was in a parking garage which made it too difficult for a repo man to drive in and take the car.

Why has GMAC not put a judgment on me for an $8,300 deficiency? Why has Citizens Bank not put a judgment on me for $17,000? I am a home owner now and have not moved in over 3 years. At my previous address I lived there for 2 years. So I've been fairly stable during the past 5 years. Why no lawsuits against me and why are others here getting burned left and right for such small debt amounts? What makes me so special? There has to be some science to all of this madness. Somebody who works for a firm who goes after people must know the answer to this.

I'm sure lots of people would like to know the answers to this.

[dr618]

I'd like to know that too, Debtmonster. I have a judgment against me for almost $3,000. I know from reading here that there are people who have more debt than me, I don't have a good paying job or a house.

[debtmonster]

I'd like to know that too, Debtmonster. I have a judgment against me for almost $3,000. I know from reading here that there are people who have more debt than me, I don't have a good paying job or a house.

I know. This doesn't make sense. These people need to be chasing me, not all of you. I don't know of any magic that I have done in the past to fend these people off. I do remember arguing with many CA's though telling them that if they ever sent somebody over to collect the money and that person brought a gun, I would beg them to pull the trigger. I don't know if they document crazy stuff like that and just write me off or what. You should have heard some of the screaming matches I have had with bill collectors. It would blow your mind.

I remember when I was getting my $200/wk. unemployment, the CA's would tell me to go work at Burger King. I said, "Why would I do that? I would make even less money than I am making now and then I'd have to spend gas money to drive over there." That's when the minimum wage was $3.35/hr. here.

Are people here not changing their phone #'s? I did that often... but not because of creditors. It was usually because I could not afford the bill.

[AngelinaCatHub]

Debtmonster, I did some skip tracing in my spare time once. Remember I do have some computer skills. Give me your name and address, or even state, I can find you, your SS number and where you work. Some of it is legal even. It is not hard to do.

Small story, we searched for a couple who cheated me after my Mother's death. By finding where they were, (ten minutes on computer) I called their then landlord. He stated they were evicted. I asked permission to enter the residence without a key. He said yes if you bring the three airconditioners back to me. Well the Mrs. and I simply opened one garbage bag and put it on a blanket on the floor. In one hour, I knew all bank account numbers, bounced checks, friends phone numbers a map to their new location, the new address, the last three places they worked. All this from only one garbage bag. Luck maybe, but too often this is one way to find you. There are other ways too. We drove home and went by the new address. I put a business card on their door. LOL 'Hub

[dr618]

I've changed numbers in the past, somehow they always managed to get my new number, go figure.

[AngelinaCatHub]

I've changed numbers in the past, somehow they always managed to get my new number, go figure.

see above

[debtmonster]

Debtmonster, I did some skip tracing in my spare time once. Remember I do have some computer skills. Give me your name and address, or even state, I can find you, your SS number and where you work. Some of it is legal even. It is not hard to do.

Small story, we searched for a couple who cheated me after my Mother's death. By finding where they were, (ten minutes on computer) I called their then landlord. He stated they were evicted. I asked permission to enter the residence without a key. He said yes if you bring the three airconditioners back to me. Well the Mrs. and I simply opened one garbage bag and put it on a blanket on the floor. In one hour, I knew all bank account numbers, bounced checks, friends phone numbers a map to their new location, the new address, the last three places they worked. All this from only one garbage bag. Luck maybe, but too often this is one way to find you. There are other ways too. We drove home and went by the new address. I put a business card on their door. LOL 'Hub

That's why I don't understand why I have no judgments. If it's that easy to find me, why aren't people banging on my door wanting to serve me? Do I live too far in the boonies now? Is it too much of an expense to pay a processor?