After Judgement can they take funds from your bank account?

[BKHELP138]

1st is that legal ? How would they know my account number etc ? How long does it take ? I am currently unemployed just and FYI .I just had a judgement entered and I am waiting on my attorney to finish up my file so I can sign for my BK.

Thanks for all the help this site rocks

[AngelinaCatHub]

Short answer. YES. However, there are things they must do. Normally a letter of request to pay. Then a writ of attachment, lets say, car, personal stuff or levy on account. You would be informed of this first. Before anything, deplete your account as much as you can but not all at once, as this could be an attempt to hide assets. They also can subpoena you to depose you for what you own. If you are going to bk, I would say, you would have a good chance to do so before all that could happen. They just cannot go in take your money without due process. 'Hub

[BKHELP138]

Thanks ... I was tripping that they would come just take my money. I spoke with there attorney and he said they want to settle after the judgement. I'm not sure if this is BS or not but im sure tehy would be willing to settle before they just start taking money . They took 11 months to finally get a judgment after the sued me. Now the question comes to BK all my debt or settle and hope the other creditors don't sue. I stopped paying them all about 1.5-2 years ago and all 3rd parties are trying to collect. Maybe just maybe I can wait out the time and hopefully make the 4 yr make. Thanks again

[AngelinaCatHub]

BKHelp I'm not understanding? The four year mark? Have you bked in the past and are waiting out the time limits or what? You stated that you are finishing up paperwork to file. So what's with four years? Now if you are going C7 you can get the Judgment set aside, so I would not settle. If you can't file soon, it would be wise to get a settlement and pay them. They can pecker you to death with levies and garnishments. Others can sue you as well, but they will be second in line to collect anything. 'Hub

[BKHELP138]

The 4 years is the statue of limitations in CA. They must sue before that is up from the date last used or payed on the loan. Not sure which it is used or payed. After the 4 yrs they can sue however I have a defense and should be able to get the case dismissed. I do not mind letters from collection agencies no phone calls. Sometimes I enjoy the calls if I am bored. I have not had another scream or yell for more than a few minutes till I calmed them down and explained to them my situation and most say sorry. I guess Im just stupid or stubborn that I rather not file.Maybe it is my large amount of debt and not want to go thru and audit with the USD. I have nothing to hide etc but I have really really bad anxiety so that would just plain suck.

[BKHELP138]

Oh im not working and not sure If I will be working anytime soon so Im pretty much uncollectible. knock on wood

[bladerunner]

right...every legal aid class I attended, had mentioned that if you are unemployed, you are judgement proof...I've been out of work over two years now, defaulted on three credit cards (was 10 grand probably 15 grand by now) and I have yet to be served with any judgement papers. I also do not own anything and I closed my bank account. I believe one attorney did say even if you are unemployed or on Social Security, if you put money in your own bank account those funds are subject to judgement...just a thought I may be wrong...but i wouldn't chance it...just keep pennies in the bank if you can...