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-   -   Judgment questions (https://www.askmehelpdesk.com/showthread.php?t=177677)

  • Jan 28, 2008, 01:08 PM
    Brenok
    Judgment questions
    Hi all - I am new here so have patience with me. I have a question about a summons and answer regarding Unifund CCR and a scumbag collection attorney.

    I have been studying the posts on judgments in here all day long. I have some great and appreciated information about filing an answer, verification, etc. Now I have a few questions:

    1. How soon do I file the answer and send a copy to the scum attorney? Does it have to be filed in court before I send it to the scum attorney? I read on another website to wait until about the middle or last of the 30 day period, thus not giving them a whole lot of time to respond.

    2. I don't deny the debt, we had to retire, husband is disabled with no income at all, and I have a small civil service retirement, etc. etc. - no sympathy requested, we owe the debt but just can't pay. I found that the retirement is excempt from judgment. Should I have my bank put a letter in my file addressing that my funds are from retirement? I have no other choice but direct deposit. I know that if a judgment is filed I can file an exemption form here in OK, but should I let the scum attorney know up front that information as an affirmative defense?

    Well, I won't overburden you all - I am trying to limit my questions to those that haven't been previously answered. If anyone has any suggestions, I would be forever grateful!
    B
  • Jan 28, 2008, 01:48 PM
    Choux
    I am in a similar position only I'm not married. Last year, I had several judgements against me, and my only income, Social Security, is deposited directly into my checking account.

    I panicked at first, but I couldn't see how the bank could allow a judgement(not IRS) against a checking account in which money was going in and out almost every day... in doing that, they would ruin an old person irretrievably. I worked at a bank for 15 years, but I don't know for sure, but there may be language in the signature card(check Rules and Regs of your checking account which banks are required to give you) you signed at the bank when you opened the account saying that they don't have to accept liens or judgments on your checking account(except IRS). Get information from your bank. Also, it may be that they will accept judgements on savings accounts, check about that. Retirement accounts are exempt.

    I have had no money taken out of my account ever, and it's been over a year, thank heavens.


    Good Luck.

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