[Jerry Tryon]

What happens in a judgment case? Can someone spell out how it goes? I owe credit cards but after Jan 2010 I will be retired and won't be able to pay them sine they have raised the rates and increased the payments in some cases to triple the payment. I no longer want to pay them not even a single penny. They have stung me bad and I must pay them back. So a judgment will be coming all my income after Jan 1 2010 will be from social security and retirement checks federal and county. What will happen when the judge tells me to pay up? Do I say no way or what?

[twinkiedooter]

They can't attach your SSR checks but they can attach your other retirement checks. Have you considered filing bankrutpcy instead of just ignoring or refusing to pay the creditors?

If they get a judgment against you (sounds like they will eventually get one) if you have a home or real estate they can file the judgment in the county where you live and then when the home is sold the judgment will be satisfied. Judgments stay on the county books for 10 years (usually) and then can be renewed for another 10 years.

[Jerry Tryon]

Sounds good but I know for a fact that they cannot touch the federal retirement check nor can they touch the county check I live in Florida. Only when I owe (which I don't) child support or taxes can they get to that. My question was actually directed toward the steps such as 1.) they call me to court 2.) they hear the story 3.) the judge decides 4.) he tells me to pay what happens next? Do I have time to decide what I will do? I have nothing in the way of assets. My small 1972 mobile home is worthless but covered by the homestead laws in Florida my van is worth about 800 bucks I have an AR 15 worth 1200 bucks that's about it. They can't call me on the phone I have only a cheap cell that can be replaced in seconds if the phone starts to ring with un wanted callers on the other end. I'm trying to establish in my mind what the time frame is going to be.

[excon]

Hello j:

The DAY the court hearing is scheduled, is the DAY the judgment will be issued. It won't matter whether you're there or not. It'll last for 10 years, and they can renew it for another 10 years.

You SAY they can't garnish your retirement checks, but I think they can. The only check they CAN'T garnish is your Social Security.

excon

[Jerry Tryon]

Federal Civil Service Retirement benefits (5 U.S.C. § 8346)
TITLE 5 > PART III > Subpart G > CHAPTER 83 > SUBCHAPTER III > § 8346
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§ 8346. Exemption from legal process; recovery of payments
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(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of section 8345 of this title, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.


Florida Law:

222.21 Exemption of pension money and certain tax-exempt funds or accounts from legal processes.--
(1) Money received by any debtor as pensioner of the United States within 3 months next preceding the issuing of an execution, attachment, or garnishment process may not be applied to the payment of the debts of the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is necessary for the maintenance of the debtor's support or a family supported wholly or in part by the pension money. The filing of the affidavit by the debtor, or the making of such proof by the debtor, is prima facie evidence; and it is the duty of the court in which the proceeding is pending to release all pension moneys held by such attachment or garnishment process, immediately, upon the filing of such affidavit or the making of such proof.

Maybe this helps in my argument most people seem to want me to be some nice guy type that wants to help these golden parachute floaters but I say who cares they don't care about us. So paying them is not a part of my agenda. I didn't make the laws they did for their pleasure not mine.

[ScottGem]

I have to ask this. When was the last time you used these cards? Why are they raising the payments? Did you have problems paying earlier?

[Jerry Tryon]

Hey Scott,

Good question. The chase card was used last about a year or so to transfer a balance to become a life of the loan rate of 4% but they sent everyone a change of terms and my payments went from 240 min to 590 min nearly triple. The apr stays 4% but the payback jumps. The sears company card had me for a life of loan rate of 3% but now any stuff I buy is to be at 28% from here on out Discover dropped me from a credit line of 4600 to 700 1 month after I paid them 3100 in full that I owed. And of course the new apr for them is also like 27%. I used the sears card two months ago to transfer some of the other monies I owe since I want as few creditors after me as possible. Oh yeah my payment habits for the 11 years with chase and the 8 years with sears and the 9 years with discover and all the others is always on time and always better than agreed I have a perfect record with all of my creditors no lie. This depression that they the watch dogs of the economy did not see coming has given them their golden parachutes and we the bailout "pee ons" get a shower. Oh bye the way I am part of the chase class action suite as if that will help me. They are in the process of ruining my credit when it was they who have ruined america economically. Now I have to pay for their mistakes while they jet around with the bailout cash. Enough venting.

[ScottGem]

I've been hearing a lot of stories like this, yet I have to wonder. I currently have 3 cards, 2 from chase and 1 from Citibank, that have low rate, life of balance loans. I also pay ontime generally more than the minimum due. Yet my minimum payments have not been jacked up greatly. I have seen my credit limit dropped on one card (an Amex) but increased on others. I have seen interest rise a bit, but not anywhere near 28%.

So I have to wonder why some people are experiencing this and I'm not.

I understand your ire, but I also have a problem with people reneging on valid debts.

[Jerry Tryon]

Your good fortune is great to hear about. I also have a problem with people or companies that reneg on promises. Such as the government that promised free healthcare to veterans. Such as insurance companies that assure us that our claims will be paid but then when a claim is filed they find every reason under the sun to not pay them or tie us up in courts for ever. Politicians that don't keep their words or promises. Oh yes and do you notice how the government at every level refuses to trust the people but they require the people to trust them? How about the lies of Dubya about the Iraq war WMDs that have yet to be found. What about the county and state governments that are now laying workers off but once promised no layoffs. I'm totally against that stuff. My deal with chase was for life of the loan at 4% and there was a 2 % payment on current balance which has been going on for 10 years but boom they cry for bailout money and then turn around and raise the payment to 5% on one card only but the other 2 cards I have with them remains at 2% so they chose the card with the low interest rate to up the rate of payback while the others remained at 2% but the interst rate on them jumped from 9% to 27% this smacks of renegging to me. They drew first blood and have forced me to take my position which would not have been so if they weren't acting like bandits. They claim to be acting within the limits of the law. Which is fine by me since I plan to do the same I'm so glad there is no debtor's prison because when the smoke clears I will owe over $30,000 $18.000 of it to chase who I gave the choice of 240 a month or zero well they made a bad selection. I just hope they don't come and get my new TV set cause I'll be embarrassed when they carry it outside and my neighbors see the cracks in the screen where I killed a fly with a baseball bat. Maybe I can buy a new one with some of the money I will save

[ScottGem]

They claim to be acting within the limits of the law. Which is fine by me since I plan to do the same

But you are not operating within the limits of the law. You are breaking your contract and then defying a court ordered judgment, hiding behind the protection afforded your income.

Don't get me wrong, I'm not saying you shouldn't do what you plan. Nor am I unsympathetic. But don't rationalize what you are doing.

[Jerry Tryon]

I am going to be, as this is upcoming not going on now, operating within the limits of the law. I know you saw the laws I posted earlier. That is the law that I will follow. I abide by the laws of the land so do you I assume. The most important law is as you know "Self survival." You seem to advocate that they are entitled to the money simply because I owe it to them. With that said would you disagree or agree that you and I are both entitled to fair and equal treatment when it comes to credit and lending etc.. If you agree then tell me why as you have said did they not raise your rate to 5% on the money you owe them and at the same time you consider that try and guess why they only raised it on the one card and not the other two that I have with them? Hint: The other two cards have higher aprs and this card can not be changed so they go ahead and raise the payment to offset the loss they feel they are getting from a deal they agreed to when they offered it to me. The courts did away with debtors prisons a long time back. These card companies came up with that universal default thing. They punish you and me and others for defaulting. So as I see it they are in default with their end since the 2% rate has been the "past practice" for 9 or 10 years or more when ever you loan money with out security you obvious take a risk which is why they charge such high interest as time goes by the creditor may trust you more and more and soon gives you more credit you at the same time begin to trust the creditor this goes on for some time and if all stays like it should you eventually pay off the loan as I have done many times to various card companies. My combined credit lines at all cards is 80000 dollars I have never let them down not any one of them always on time better than agreed then the bunch of them get the bailout and start stabbing me in the back ruining my credit not yet but in the process of doing so. They then have "breached the public trust" and for that they now must receive my version of debtors Justice. "Within the limits of the law". That is why I call it within the limits of the law which I posted on this sight if you care to check you can go on line and find it for yourself. I did not make the law I only abide by it as I would abide by the contract with the card companies but unfortunately they have managed to prevent that by not allowing me to discuss the problem with them in an equal manner. I called them and all they did was infuriate me more. When a killer is sentenced to death and it takes place we as a people don't like to kill a human but penalties must be carried out to stem the increase of wrongdoings otherwise where would it stop? Some laws are made to punish, others are made to protect. In my case the two laws that are in place for my protection as far as I am concerned are right on time. I don't care to change your position but I hope I have clarified mine. Thank you for this discussion. If I file bankruptcy I will have to stop paying everyone and I will not do that I only wish to be protected from the scoundrels that have breached the public trust... Jerry

[Jerry Tryon]

It's okay to disagree, we all do once in a while that is an American required trait, but don't forget if you were a government employee once these same laws of protection were in place and I know you raised your hand and swore allegiance to comply with and defend the constitution. Now unless at some point since then, you renounced your support for the laws you still support obeyance of the laws. So puleeese don't imply that government employees that obey the laws and utilize laws of protection to their lawful advantage are some how undeserving of the rights and protections that are otherwise guaranteed to all others including but not limited to you. How's this sound a creditor sends a big old country boy debt collector to my home one night at 11 pm. He knows I have a $3000 TV inside and goes after it. He also knows I have an AR 15 with over 700 rounds. Unfortunately for him He forgot about the "Castle Law". Another law of protection in Florida. I mean shucks he has a right to that TV, but my Castle Law overshadows his stupidity isn't that "SAD BUT TRUE". Now I owe the money but it won't come from those assets protected by law. That's why I play the lotto and go to the track. And when I win they "the bandit bankers" will get their money. It is a technicality that allows them to treat me as they are. It is also a technicality that protects me.