Check out some similar questions!

slimbs · Jan 6, 2012, 09:51 AM

Ok I just called the court and the motion for hearing is for 6 February at 9:30 am. Then I called the law office to try to settle. First of all she said hold on then she came back and inform me that he was no available and that she was going to transfer me to a dept that could help me then the phone disconnected 9whch I know she hung up because I know she is quite capable of transferring a call I am not calling back and I am going to show up for that court date cause I can't pay it and won't be able to pay it things are getting worst not better and I have absolutely no money in either accounts and they can see that if they check. What do you think about that. If they call I will answer but if not then I will see them in court that's all. Please advise what do you think about that?

smoothy · Jan 6, 2012, 10:06 AM

THey will win a judgement and get a Writ of garnishment... they can take money from any account you have... or take a percentage of any paycheck you get. And they can get it renewed and hound you until the day you die.

So its not going to go away... it actually WILL get worse, because now they can only talk... after they win, they will have the courts blessings to take it even a little at a time...

If you own a house... depending on where you live... they could put a lien on property you own.

If you are able to find a second job... I recommend doing it. Anything you can do to get it behind you faster would make life easier down the road. That's a small enough amount while it may be difficult.. it won't be impossible to pay off.

ScottGem · Jan 6, 2012, 10:36 AM

There is a term; "judgment proof". This means that you have no attachable income or assets. So even if someone gets a judgment against you, they have no way to collect it.

You may be judgment proof now, but may not always be.

Poverty will not be a defense, so they will still win a judgment even if you have no money.

slimbs · Jan 11, 2012, 12:39 PM

So I the court the date is set for February 6 at 9:30 am I tried calling the lawyer his secretary said he was not available which I know he was and then she says she will transfer me to a dept hat can help then next thing I know I am disconnected so I didn't call back I am going to the court hearing and I will tell the judge everything I cannot pay the debt now and I doubt I will be able to pay it later. What do you think.

slimbs · Jan 11, 2012, 12:49 PM

I understand all this and i thank you very much will i be able to try to settle for less after or no

smoothy · Jan 11, 2012, 12:51 PM

You might BEFORE the court date... Once it goes to court they are wanting ALL of it and the judge will give it to them... There is not "settlement" for less after that. THey will get a writ of garnishment to give them a right to take it off you whenever they find any.

slimbs · Jan 11, 2012, 03:13 PM

So do you think I should try calling again and trying until I get to speak to someone or just take my chances in court because even though I've never been in this situation before it is obvious what their next move will be they will ignore me for as long as they can they are going to play hard ball because they feel that fact that I am even calling they already won and they are going to use that to their advantage. Please tell me what you think I should do or better yet what you would do if this was your situation all responses are welcome thanks.

kcomissiong · Jan 19, 2012, 09:29 AM

There are no chances to take in court. From what you have described, they have provided proper documentation to prove the debt is yours. You admit that they account is yours. They have no incentive to offer you a settlement in lieu of a judgment. You can try to settle with them for less than the total, but with court less then a month away, I don't think that your chances are good.

If I were in your situation, I would scrape together every penny I could and offer them a lump sum to settle the account, but even then, you have no guarantees. Even if they can't collect on a judgment from you now, they can renew it until you get to a point where they can. I'm very sorry, but I don't see a lot of options here.

slimbs · Jan 20, 2012, 03:22 PM

Thank you al for your help and ALL your response's. I will show up in court with prayers we may be able to work out an amicable payable plan what ever that is but to tell the truth I rather go to jail than take food out of my children mouth. God Bless you all and I wish you all the best in life and remember in everything you do Put GOD first.