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    Xalicarius Posts: 11, Reputation: 1
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    #1

    Nov 20, 2007, 10:39 AM
    Default Judgement&Exemptions
    Hi.
    I was recently served with a default judgement. My question is this.. When I first received my summons from the court, I contaced the attorney who was handling this case for the debt collector. I admitted to the debt and offered to pay $100.00 per month and sent them 2 payments, which they cashed. This was prior to the default judgement. How could they enter a default judgement, if I admitted and made payments beforehand.

    My other question is: I have a Roth Ira and I have read different things about it being exempt. I live in Indiana, and have read that a traditional is exempt, but a Roth ira is not.
    I was wondering if Indiana has a wildcard exemption that can be used against a judgement? If so, how much could I use on my IRA?

    I received another court notice that says:Motion for proceedings supplemental discovery. It also states that an execution of judgement will not be effective, and that the judgement defendant has non-exempt property from which the judgement may be satisfied.

    This has me thinking that they know about the Ira, and are going to take it. I am self-employed and this is the only retirement income that I have.

    Thanks for the help.
    Xalicarius's Avatar
    Xalicarius Posts: 11, Reputation: 1
    New Member
     
    #2

    Nov 20, 2007, 12:05 PM
    I was also wondering if I withdrew money from my ira account before I went to court, if they could charge me with hiding assetes or Fraud??

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