In a week and a half I am producing financial documents due to a subpeona duces tecum for a judgement debtors exam. Scarey thought with no attorney... Anyway, this is for a 9 yr 11 month old judgement for a deficiency balance on a car that I let go back to the dealer over 10 years ago. I wasn't even contacted until about 7 months ago and was afraid to contact the attorney because the letter stated garnishing my wages, etc which I cannot afford to have happen. I have no assets at all, my car is 17 years old, I own no home or even jewelry for that matter. All I have is my job. What can I expect at this hearing? I am hoping they will do a payment plan but Im afraid all they are trying to do is locate my work and bank account, freeze that and garnish my wages too. Thanks for the answers. Im just totally nervous about the whole thing. :eek:

Demand to see the original contract you signed at the exam Have they obtain judgment against you? Did you defend against their claim? What state do you live? IS the SOL expired on that contract?

These are some of the question you need to provide inorder to help you understand what is going to happen.

First, if you don't cvontact the attorney, then they get a default judgement against you so you would be making it EASIER for them to garnish your wages. What you need to do is determine if the SOL has passed on this debt. If it has, then you walk into the hearing and ask the judge to dismiss the suit on the grounds that the SOL has passed.

If it hasn't, then you ask the creditor to produce a copy of the signed contract, a record of repo subsequent sale and how much was applied towards the balance, and that they actually own the debt and have a right to collect it. If they can't show all three, then you move to dismiss.

Sorry I didn't provide all those details. I purchased the car in the summer of 1995. So, the SOL on that contract is expired. (10 years written contract in iowa) However, 8/27/1997 a default judgement was obtained against me. The judgement is 9 years, 11 months old if you go by when the judge awarded the judgement, 9/26/1997. The judgement debtors exam I believe is looking for any assets for them to attach to renew the judgement to 20 years. I talked to an attorney yesterday and it is a grim outlook on what they can do to me, even have the sheriff strip search me for any valuables on my person, go through my purse or take jewelry off my body if I have any. He said not to have any cash on me at all or anything they can take right at the hearing. He said that at one he conducted, he has been known to take rings, jewelry, any money or anything else of value right at the hearing. I was told the judgement debtor exam can get really nasty and they can ask me anything and I have to answer them of coarse truthfully or go to jail for contempt, or even be charged with perjury. It sounds really nasty, like nothing I have ever been through before. The attorney I talked to said I am pretty much on my own and won't help me. :(

The SOL doesn't apply here. An SOL is a limit on the time a creditor can take you to court over a debt. But they already obtained a judgement against you. So the SOL no longer has a bearing. Judgements can expire and can also be renewed. It sounds like the creditor had this in a tickler file for renewal and that's what he's trying to do.

With the info you have now given what it sounds like is this is a hearing to a) renew the judgement and b) get a statement of assets from you. What will probably happen, unless you can negotiate a payment plan or other settlement prior to the hearing, is that the judge will renew the judgement and issue a salary garnishment order.

That's really too bad too. It is unsecured. I have no assets other than my job and I make average wages. I tried to contact the attorney to set something up but they won't even talk to me. That means that something I made a mistake with when I was 33 years old will haunt me until I am almost 60. That doesn't even seem fair.

There is always bankruptcy.