Getting served - going to court - what now ???

[uwishtoo]

[HHM]

I can't speak specifically to IL law, but understand that the IL Code will define specifically what "disposable earnings" means. I suspect, like most other States, all it means is income after payroll deducations (i.e. federal and state taxes, FICA and Social Security, and possibly any child support payments if applicable). Thus, that means the creditor is entitled to 15% of your $312.00 net pay. On a side note, the Gross Pay part of the statute probably is in there to apply to those who are self employed, or other employees who do not have payroll deductions.

Generally, inability to pay (which is essentially what you are saying) is not a defense to a law suit. Also note, judgements can hang around a long time...you will hear that judgments have a time limit (typically 6 years), but they can generally be renewed, and moreover, they can follow you state to state if you move.

If possible, when you go to court, if you can suggest a payment plan, the judge may allow you to do that...but the Judge will grant the creditor a judgement in their favor only to be used in the event you default on your payments.

[GoingDown]

You won't have to explain any of this information at this particular court hearing. The judge will only want to hear whether or not you owe the alleged debt and whether or not you paid it off or how much you paid off up to the date of the court hearing. They are very one-sided court hearings, and the judge is typically on the creditor's side.

You should attend the hearing and try to bring all the necessary documents and cancelled checks showing how much of the debt you have already paid, and object to any interest charges or late fees, as well as attorney fees since you probably did not sign an agreement allowing them to add these fees to the amount you owe.Trying to deal with debt collectors is usually a waste of time. They are never trying to help you. They only want to get as much money out of you as they possibly can. The less you talk to them, the better off you will be.It sounds like you're going to be losing about 15% of those pennies very soon, once they start garnishing your wages. Try to find some way-- any way-- to downsize and economize your life to prepare for the coming blow to your income. Look for things to cut and save back money. You'll need it.

For such a relatively small amount, it's not worth filing for bankruptcy. Their wage garnishment will eventually pay off the amount.

And get every penny out of your checking account/savings account, because as soon as they get a judgment against you they will seize everything you have in there, even if a portion of it is "exempt." After someone gets a judgment against you, your money is safer under your mattress than it is in a checking account.

Basicaly I just need a good list of what I should take to prove my claims of my household things - and what the judge is likely to do ?

I can't morally see a judge garnishing wages that are needed to pay for living expenses but I don't know and that is what I am asking.

[I]Sadly, the judge won't care about any of this. Judges are tools of the creditors. Start looking for ways to minimize the impact of this judgment by making yourself as judgment proof as is reasonably possible. You own real estate and have a garnishable job, so there is only so much judgment proofing that you can do. [/I]

I have nothing and still wont have anything in the foreseeable future.

Thanks for any advice or help

But, unfortunately, in the eyes of the creditors you do have something-- you have real estate and a job. They can put a lien on your house and if you ever tried to sell it or refinance it, the lien would have to be paid off. And your wages are easy money for them to garnish.

[uwishtoo]

But, unfortunately, in the eyes of the creditors you do have something-- you have real estate and a job. They can put a lien on your house and if you ever tried to sell it or refinance it, the lien would have to be paid off. And your wages are easy money for them to garnish.

My house according to what I have read - is exempt up to 15000 in equity - so they cant touch that since I dont have that much equity in it. My auto is worth less than what I owe on it by about 1200.00 and I have that ppaerwork to prove it - the loan payoff and a NADA report on the blue book value.

I still dont understand on the 15 percent of the wages - 15 percent of WHAT wages ? The full amount or what is left over after the exemption? That is going to make a heck of a difference - 15 percent of 453.00 will kill me and not make me able to pay my mortgage or keep up with any other payments like my car or anything else. That is nearly 100 out of each paycheck ! On the other hand - 453 less the exempt amount = only 141.00 of garnishable wages - which would be 21.15

And I HAVE nothing to give up - I dont spend a dime on entertainment or anything else. The only "luxury" I have is cable - whoopee -

This just really sucks -

I AM going to ask the judge why she allows a guy that ripped me off for shoddy workmanship and who has 15 judgements at last count against him, to walk around scott free without having to pay a dime ? If he had done my roof correctly I wouldnt have had to pay out almost the same amount of money trying to get it fixed after he ran and I would have been able to pay my bills - I see he is going in front of the same judge a few days before my debt collections hearing and HE is suing someone ELSE ! For what, I have no idea - but he filed a petition to sue as a "poor person" - yeah right - he is as poor as any UAW spouse can be ! But since he is on SSDI and SSI he is exempt from evertyhing -

[GoingDown]

My house according to what I have read - is exempt up to 15000 in equity - so they cant touch that since I dont have that much equity in it. My auto is worth less than what I owe on it by about 1200.00 and I have that ppaerwork to prove it - the loan payoff and a NADA report on the blue book value.

I still dont understand on the 15 percent of the wages - 15 percent of WHAT wages ? The full amount or what is left over after the exemption? That is going to make a heck of a difference - 15 percent of 453.00 will kill me and not make me able to pay my mortgage or keep up with any other payments like my car or anything else. That is nearly 100 out of each paycheck ! On the other hand - 453 less the exempt amount = only 141.00 of garnishable wages - which would be 21.15

And I HAVE nothing to give up - I dont spend a dime on entertainment or anything else. The only "luxury" I have is cable - whoopee -

This just really sucks -

I AM going to ask the judge why she allows a guy that ripped me off for shoddy workmanship and who has 15 judgements at last count against him, to walk around scott free without having to pay a dime ? If he had done my roof correctly I wouldnt have had to pay out almost the same amount of money trying to get it fixed after he ran and I would have been able to pay my bills - I see he is going in front of the same judge a few days before my debt collections hearing and HE is suing someone ELSE ! For what, I have no idea - but he filed a petition to sue as a "poor person" - yeah right - he is as poor as any UAW spouse can be ! But since he is on SSDI and SSI he is exempt from evertyhing -

It's 15% after your employer witholds money for federal and state taxes, and if applicable, alimony and child support payments. In other words, your take home pay will be reduced by 15% for each pay period.

Your house may be safe from being forcibly sold for now, but it would not stop the person who is suing you from puting a lien on it after they get a judgment against you. The lien would have to be paid off if you ever sold it or tried to refinance it.

Your car is probably safe for now as well. If you ever pay off the car loan, the judgment creditor could seize it.

Once again, I would advise you to get any money out of your checking account because after the creditor gets a judgment against you, that money will be quickly seized.

You're right... it's not fair. But we're not talking about what is right or wrong-- we're talking about the law. The laws were written to protect the interests of the people in power, and they are far wealthier than us.

You could present your argument to the judge and see what happens. It's worth a try. If you don't show up, you will lose by default, so you might as well show up.

[uwishtoo]

Oh yeah I plan to show up - I have no reason not to present all my documentation. I have all of my most recent bills, utility, phone, mortgage statements, car payment statements, etc - all in a file - I have no chekcing account and my savings account only has as much in it that I get paid each week and that is only in that account for about 4 hours - in time for me to get to the bank on payday.

I have a clear spreadsheet showing that after my basic bills are paid for every month that I have 42.00 to pay for gas for my car to go back and forth to work and pay for food.

Court date is set for Now 1st, so .... wish me luck ! I am fighting a claim against an insurance company for my homeowners insurance where they refused to pay a claim for over 7000 worth of losses - and I should hear something by this week - If I get them to settle finally with me I will take the check, cash it and then take MO's out in my own name and hang on to them. I KNOW for a fact that the idiot collections agency's lawyer will try and approach me before we go to court that morning and when he does, IF i have the money and IF he offers to settle for less than I will just do it - but I want to see this through one way or the other. If I get my insurance settled I COULD very easily just pay the judgement off without going to court but I think they will offer to settle before we go into court so they might come down on a settlement which will tickle me to death especially knowing I have the full amount but they wont know that.

It's 15% after your employer witholds money for federal and state taxes, and if applicable, alimony and child support payments. In other words, your take home pay will be reduced by 15% for each pay period.

Your house may be safe from being forcibly sold for now, but it would not stop the person who is suing you from puting a lien on it after they get a judgment against you. The lien would have to be paid off if you ever sold it or tried to refinance it.

Your car is probably safe for now as well. If you ever pay off the car loan, the judgment creditor could seize it.

Once again, I would advise you to get any money out of your checking account because after the creditor gets a judgment against you, that money will be quickly seized.

You're right... it's not fair. But we're not talking about what is right or wrong-- we're talking about the law. The laws were written to protect the interests of the people in power, and they are far wealthier than us.

You could present your argument to the judge and see what happens. It's worth a try. If you don't show up, you will lose by default, so you might as well show up.