What happens at a judgement hearing?

[jeff0633]

As my first pot says, I was served a summons on Nov 16th, and the court date in general sessions is Feb 7th. Is the judgement against me set in stone? Does the judge have the power to say. "this guy has two kids, on welfare, disabled, ex won't pay support, I am going to throw this out", or are his hands tied and he must side with the collection agency no matter what? I just don't understand what the hearing will encompass, will the collection agency have a lawyer there?

Jeff

[GoingDown]

As my first pot says, I was served a summons on Nov 16th, and the court date in general sessions is Feb 7th. Is the judgement against me set in stone? Does the judge have the power to say. "this guy has two kids, on welfare, disabled, ex won't pay support, I am going to throw this out", or are his hands tied and he must side with the collection agency no matter what? I just don't understand what the hearing will encompass, will the collection agency have a lawyer there?

Jeff

No. That's not how it works.

The judge will only rule according to what the laws say, and they are stacked in the creditors' favor. He will rule in favor of the plaintiff, most likely, and will hand down a judgment against you. The most that you could hope for would be to get some of the fees reduced from the final judgment, but I wouldn't count on that, either. And besides, you would have to file an answer and that costs money.

The only possible way to prevail in court, since you have admitted to owing it, is if the debt was so old that it is beyond the statute of limitations for your state. What was the date of last activity on the account? When did you make your last payment on that account? And what state are you in?

[jeff0633]

Hi. I am in Tennessee and it has been about 3 and a half years.

I wonder if I should deny the charge and force them to take me to trial? I know the judgement would probably come through anyway, but from what legal aid told me, I am fairly secure against the judgement with the exemptions. By making them go to trial, I could make the next collector think twice. Midland credit themselves have three more accounts against me, so that make make them think twice before another summons.

[SinkingFast]

The SOL in TN for Open Contracts, Credit Cards, is 6 years. So you are well within the SOL and they can come after you.

Here's a link to a site that discusses the Exemptions the Legal Aid person was telling you about:

http://www.bcsalliance.com/debt1_tennessee.html

Sounds like even tho you are techically "Judgement Proof" against claims from your old Creditors as far as your property goes, your Creditors might still be able to get a Wage Garnishment against you. Unless you're drawing Public Assistance or Social Security, or one of the other forms of Exempted income, you could have a Wage Garnishment placed against you.

[jeff0633]

Yeah, I am disabled and on SSI. I also get public assistance. So my income is exempt too. I now need to find out how long they can come in my home and take stuff out.

[GoingDown]

Yeah, I am disabled and on SSI. I also get public assistance. So my income is exempt too. I now need to find out how long they can come in my home and take stuff out.

Are you talking about the writ of execution and sheriff's sale after a judgment?

If so, don't worry about it. It rarely ever happens, period!

They are mainly interested in real estate property and liquid assets of significant value like stocks, bonds, checking accounts, savings accounts, etc.

Imagine how much it would cost them to come out and seize old, used appliances and furniture, etc.

It would cost them more than they could get for it at a sheriff's auction because they have to pay for the writ of execution, and for the sheriff's time, plus they have to pay someone to move and store all of the items until they can be sold at auction, and they have to insure it in case something gets damaged, lost, or stolen before the auction. Then they have to pay the costs of the auction. And then they would have to pay you for the value of the exemption. They would end up paying you money, and not getting anything in return. They simply aren't going to do that.

They may use it as a threat to scare you into paying them, but in reality they aren't going to do that to you.

And once again, the only way they can find out about your personal possessions is by you talking to them and telling them what you have.

I'm not sure about other states, but in Arizona, a sheriff has no right of entry into a person's home when serving a writ of execution. So in essence, if the person simply keeps their doors locked and refuses to let the sheriff inside, the writ of execution is worthless, as far as seizing personal belongings inside a person's home.

You need to remember that this is civil matter, not a criminal matter (collection agents love to blur that line to scare you into paying), so they wouldn't have probable cause to obtain a search warrant, and thus, they have no right to enter a debtor's home, unless the debtor voluntarily allows them to come inside. In the very extremely unlikely event that the judgment creditor pursues a writ of execution, I would simply not open the door.

Talk to Legal Aid about this at your next appointment with them.