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    Judgement semiresolved semi problem

    Hi,
    We avoided bankruptcy, all of the credit card issues will fall off our credit report because of write off and time on or before March 2008

    We have one strange issue outstanding. A company sought and got a judgment against us for a business purchase. The sheriff showed up to take an inventory of our items. We contacted the lawyer for the company that sued us and informed them that (a) a lien is already on all business assets for a small business loan and (b) items were listed that were personal items and the loan was not personally guaranteed and could not be seized. We offered to pay off the amount and the company agreed.

    Here's the problem. We have been trying to get the lawyer representing the company to give us the final amount due and to negotiate removing interest charges which were excessive - more than the original amount. We cannot get this lawyer to respond AT ALL. It has been over six months. We haven't been making any payments until we get the details for the payments and we can't get them to remove the sheriff action on the items. We are not allowed to move the items from our house but we are MOVING in a month to another state.

    I think that the lawyer knows that this company is totally at a loss to collect anything right now because they cannot touch any of our assets but we want to get this taken care of. What action can we take? We want to make payments to take care of this but this lawyer in the middle is not communicating at all with us and we need to get this removed so we can move.

    Any direction anyone can give us would be appreciated!

    Wish us luck - we are moving to another state, have jobs ready to take care of our lives, and may get the fresh start we needed without filing bankruptcy.

    #2
    Have you tried contacting the original company to tell them about their lawyer's non-response for six months despite your repeated contacts? This company needs to light a fire under him if they want their money - he's working under their direction.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      You can also see if there is a Consumer Advocate Attorney in your area. You might try contacting one.

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        #4
        I'll try that. The company has been less than cooperative. We just want to pay this amount, they can't take any business or personal items and I think the attorney knows this but he isn't helping the relations between us and the original creditor.

        Comment


          #5
          I'm writing to congratulate you on solving your debt issues 'the old fashioned way' and avoiding a bk. Congratulations! It must have been difficult, but you can see the end in sight - good luck on your new jobs and new start!

          Comment


            #6
            I just discovered that the sheriff "thing" says that if the suing company does not take action for 6 months after the inventory is taken then the sheriff department will abandon the levy. It has been over 6 months. I'm thinking of just calling the company that sued us and ask them to stop any more legal fees or actions and we will make monthly payments. Would that cover myself or do I need to do something to make sure the levy is truly dead and I can MOVE!!!

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