View Full Version : Florida law legal judgement
Margie602010
Sep 22, 2010, 11:59 AM
I am on SS and also receive a disability monetary amount monthly from the last place I worked. It is considered long term disability money. About two years ago, I started owing the IRS money ($10,000). I had to decide whether to pay the IRS or my credit cards, I chose the IRS. I am still paying them monthly. I occasionally take money out of my pension plan to substitute my income. I am 60 years old. Once I take money from my pension it adds up so that I have to pay taxes on the SS money and the disability money, so that is why I keep owing the IRS. I am in a new payment plan for 2009 taxes and paid off the 2007 taxes I owed. I own my own home and am still paying payments.
I also have a car I pay on.
My question is one of the credit card companies is going to take me to court and will most likely get a judgement. What exactly can they do with this judgement.
Can they garnish my SS wages and Disability wages?
Is a judgement only utilized when you sell your home or car?
Do I really need to show up in court to defend myself when I do owe the money?
JudyKayTee
Sep 22, 2010, 12:25 PM
I am on SS and also receive a disability monetary amount monthly from the last place I worked. It is considered long term disability money. About two years ago, I started owing the IRS money ($10,000). I had to decide whether to pay the IRS or my credit cards, I chose the IRS. I am still paying them monthly. I occasionally take money out of my pension plan to substitute my income. I am 60 years old. Once I take money from my pension it adds up so that I have to pay taxes on the SS money and the disability money, so that is why I keep owing the IRS. I am in a new payment plan for 2009 taxes and paid off the 2007 taxes I owed. I own my own home and am still paying payments.
I also have a car I pay on.
My question is one of the credit card companies is going to take me to court and will most likely get a judgement. What exactly can they do with this judgement.
Can they garnish my SS wages and Disability wages??
Is a judgement only utilized when you sell your home or car?
Do I really need to show up in court to defend myself when I do owe the money?
SS cannot be garnished; private disability benefits can.
The creditor can use any method legal in your State to collect on a Judgment - could seize a car (very seldom happens), file a lien on real property, freeze and seize a bank account, file a garnishment on income (including pensions).
If you have no defense, no, you don't "have" to show up. A default judgment will be granted. If you have an interest in negotiating a settlement at a lower rate (I usually recommend you suggest 40% IF you can do that), then contact the Attorney for the creditor and make the argument that that is all you can afford.
sunnyland
Sep 23, 2010, 09:20 PM
I have a Motor Home. I have been paying on it for seven yrs. My job will be shuting down in Jan 2011. So I will be out of work and will have to live on ssc. I will no longer be able to make the payments. If the Bank has to take it will I still be held lieble to pay for it?
JudyKayTee
Sep 24, 2010, 05:48 AM
I have a Motor Home. I have been paying on it for seven yrs. My job will be shuting down in Jan 2011. So I will be out of work and will have to live on ssc. I will no longer be able to make the payments. If the Bank has to take it will I still be held lieble to pay for it?
Yes - it's like a car loan in most instances, not a mortgage, so it would be seized, sold, you would owe the difference between the sale price and what you owe.