collection of summary judgment
Question:
I have a court case in which a credit card company is seeking a summary judgment. If the summary judge\ment is awarded, what can be done to collect this debt. I have tried to work with the credit card companies attorney, by offering to pay what I can but they want a settlement I can not coming up with. Also if the judgment is awarded will the judge set the amount to be paid and what if they amount is more than I can make each month. Will they be able to take money out of my husbands checking account.
Thanks
Phyllis
Answer:
Creditwrench
If a summary judgment is awarded? There isn't any "if" to it unless you start learning how to deal with the situation in a realistic way. And no, when the judgment is awarded to the plaintiff the judge will not set the amount they can take. State and federal law does that and it is set at a maximum of 25% of your take home pay so long as that leaves you a minimum amount of just over $150 a week. There is a formula they must follow in garnishment of wages.
They can take money out of your husband's checking account if you live in a community property state. There are other special situations in which they can grab money out of a spouse's checking accounts but those are not common.
Now then, why are you worried about getting a judgment against you? Of course, one reason might be that most people who are sued for debts lose and get judgments against them. Most of them lose because they don't even try to defend themselves. Others lose because they answer the complaint with some dumb letter they think ought to get them off the hook but never does. Others lose because they come up with some cute sounding idea they found on the internet that has no validity whatever.
But when it is all said and done it all boils down to simple ignorance about the law. They think they don't have time to learn the law and learn how to control the situation in a realistic way. They don't know and don't learn that they can control how the judge rules or how to keep the judge from ruling at all.
Yes, defendants can actually keep the judge from making a ruling at all. They can tie the judge's hands completely just by knowing the law, the rules of civil procedure and the rules of evidence. They do not have to take abuse in the courtroom. They can do something about it. They just have to know that they can and how to do it and it don't take long to learn.
So what will you do? Just let the court do as it pleases to you or are you willing to learn and stand up and fight against the abuse handed out all over America today?
Creditwrench students know how to make the judge get off the case if he abuses them in court or makes totally wrong rulings. It isn't hard to do at all.
It's all up to you. Don't take it laying down.
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Posted By Creditwrench to
creditwrench at 9/12/2008 02:06:00 P
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