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needHELPdesp · Dec 2, 2008, 07:27 AM

I live in Florida, separated from my husband in 2004, then enrolled in a debt consolidation program thinking I was doing good in ending my debt, I have been legally divorced for over a year now. I now have a judgement filed against me for 20,000 (approx, after added interest fees) I don't know what to do. If I just go along with the judgement how much could they enforce me to pay (single with school loans and living expenses, rent, utilities, car payment, etc.) (weekly bring home $580.59) (monthly expenses $2021)
... ... OR...

Do I file bankruptcy, and even that is difficult as I don't have the money to pay for it either. Some day I would like to buy a house again, but I am not sure which would make my life worse, the judgement or bankruptcy. HELP PLEASE, I really can not afford legal advice and I need some direction as to what would be best. Any help would be AMAZING!

Thank you!

ScottGem · Dec 2, 2008, 07:44 AM

Did you actually lose a lawsuit resulting in the judgement or did you just receive a summons about being sued?

If they actually obtained a judgement, were you aware of the suit?

If they do have a judgement, then they can use it to garnish your salary, attach your bank acounts and maybe go after other assets.

needHELPdesp · Dec 2, 2008, 09:25 AM

I am currently going through the process of the judgement being filed (yes I have knowledge of it)

Other assets such as what? I don't own anything other than my car which is 3 weeks old and being paid for (through a loan) I was married when they first started this of which there was a house. However, I am now divorced and the house he had (it was foreclosed on). I have a savings account with maybe 60.00 in it and I think my bank account is just a tad more (living check to check) I get no alimony, so I am not sure what is left to take.

ScottGem · Dec 2, 2008, 10:09 AM

Then you may be what is referred to as judgement proof.

Are you fighting the judgement?

needHELPdesp · Dec 2, 2008, 11:03 AM

Not sure how I could fight a credit card I spent money on or what to do, and unfortunately I can't afford a lawyer. There is a court date Monday, and I have no idea what to do. It is a motion hearing for judgement, followed by another court date Tuesday (also labeled motion hearing) both are scheduled for a 10 minute period.

ScottGem · Dec 2, 2008, 03:28 PM

If you look through this forum, you will see a number of threads similar to your. Did you request the plaintiff supply verification of the debt? Is the plaintiff the original creditor or someone who purchased the debt?

needHELPdesp · Dec 2, 2008, 03:31 PM

Yes, I have asked and received verification of the debt. I did try and settle out the debt, but they would not respond. This is actually a lawyer firm who has purchased the debt, not the actual originating creditor.

ScottGem · Dec 2, 2008, 03:57 PM

What did that verification entail? Did it include a copy of the original contract you signed?

needHELPdesp · Dec 2, 2008, 06:12 PM

No, nothing I signed, but copies of all the statements showing the usage of the card... Real quick... I want to say THANK YOU, you have given me more direction than anyone I know. I really appreciate you talking this over with me.

ScottGem · Dec 2, 2008, 07:16 PM

That isn't sufficient verification. All that shows is that the card was used, not that you opened the account. When you get into court advise the judge that you requested verification and didn't receive sufficient proof. Then request a dismissal.