HELP WITH JUDGMENTS AGAINST YOU

Help with Judgments Against You.

When you are out of money you are out. There is not a lot that you can do once there is nothing left in the budget. But creditors and collectors don’t seem to care do they? Often times a creditor will take the collection process a step further and sue you. Usually you don’t have a defense against the suit (because you owe the money) and the creditor gets a judgment against you. What can you do now?

Results of a Judgment

Not only does a judgment look bad on your credit report, in most cases, the judgment against you puts a lien on your real property. And what is worse, the creditor is also allowed to collect interest on the judgment as long as it remains unpaid. So your debt keeps getting larger and larger. The creditor is awarded not only the amount that you owe, but in many cases he is awarded attorney fees and court costs as well.

What happens if I do nothing when I get sued?

If you do not file an answer, the plaintiff (the entity that brought the suit) can ask the court for entry of a judgment in the amount stated in the complaint. If no amount is given, then the plaintiff has to put on proof of the amount of damages. Usually, unless you answered the complaint, you cannot participate in the hearing to set the damages. The “damages” set forth by the plaintiff may be much more than you might anticipate.

Is there a solution?

Yes. Even though many judgments cannot be discharged completely, there is help available under Federal Bankruptcy Laws. Sometimes, the debt never has to be paid back. Each case is different and you should seek the counsel of an experienced Bankruptcy attorney. You may even get some relief from your “non-dischargeable” debt which can often be controlled with chapter 13 bankruptcy laws. You may be able to claim the right to pay the debt over 60 months and you may not have to pay the debt back at all. If you live in the San Antonio area, contact me for a free and confidential in office appointment. I will give you straight answers. I will also start the process of relieving your stress with the first visit. Call for your free appointment today - 210-930-7000.

Will bankruptcy stop garnishment on a judgment against me?

Bankruptcy can stop garnishments for wages earned after the filing of the bankruptcy. Wages earned before the filing may be recoverable from the sheriff or the creditor if those wages would otherwise have been exempt. The only possible exception concerns child support collections. The child support cases depend on what chapter bankruptcy case is filed and whether the support first came due before the commencement of the case, etc. If you live in the San Antonio area, call me for a free in office consultation and we will explain your best options to you. Our phone number is 210-930-7000.

Contact Rick Flume - San Antonio Bankruptcy Lawyer