Got my first summons

[jmac]

Make have to file soon. How long after that does it take to garnish you? Is it 25% of your take home pay or monthly pay?

[Air00Max]

Mine was 25% of net pay.

[ylime]

I just spoke to my attorney recently about the timing of a summons. He told me that if you choose not to answer the summons (by filing something with the court) or just don't show up on the court date, the creditor then has to file additional paperwork to get the actual judgement in place before a garnishment order can be issued. Some creditors can work fast, but it may all depend on both their workload as well as the workload of the court so you could be looking at anywhere from 10 days to 2-3 weeks before a garnishment is even issued.

He did say that if you wanted to delay any action and buy yourself some time for a little while that you could file an answer with the court, prior to the court date, that basically says you don't have sufficient information to determine if the debt is yours or not. The only downside to this is you have to pay a filing fee would could run $100-150. It also only delays the action, the only thing that would stop it is actually filing of the bankruptcy claim.

I believe the 25% is based on your gross pay, not take home, but I'm not entirely sure about that.

[Exployer1234]

It took 3 months from the judgement for the creditor to start wage garnishment. The case took place on 1-15-2010 and the garnishment started on 4-15-2010.

They will take 25% of your disposable income. What the court deems as disposable income is considered net pay, or anything after federal and state taxes are taken out.

I would check your states exemptions to determine the amount the creditor is allowed to take out. Some states give a percentage that they must leave you to live on.

Also remember that interest will still occur on the judgement. It can not exceed 10%.

[espo1357]

Make have to file soon. How long after that does it take to garnish you? Is it 25% of your take home pay or monthly pay?

Don't worry about the summons too much. Right now, just be sure to give an answer to the court, indicating that you will be defending yourself and fight this. This will buy you time.

Most creditors will not get the judgement that quick if you use this strategy. Also, many creditors will just give up on you when they see that you are going to fight it.

A lawyer friend of mind said that if you do this, the creditors will put your case at the bottom of their list of priorities, and often not pursue you.

What they want is the default judgement, so they can cut their court costs.

Now, if they do come after you, then, you can go ahead and file if it makes sense.

good luck. keep fighting.

[jmac]

Thanks for the info, every bit helps.

[wp99]

jmac,
You might want to check out this forum: http://www.debtorboards.com/
It has a ton of great info on the PRE-BK side. Dealing with creditors, summons, courts etc before fiing bankruptcy. I found it useful.

[jmac]

Good info thanks.....

[LadyInTheRed]

An important thing to remember when somebody else tells you how long the process took for them: The timing will vary in each state. Each state has different procedures and deadlines that will affect how soon the creditor will be able garnish your wages.

[jmac]

My lawyer, i mean para legal, i mean case worker, well the person i get to talk to when i call my law office lol said 2-9 months in so cal. But that i will get a order notice and have time to file....

[LadyInTheRed]

I know a bit about how it works in California.

It sounds like that person is suggesting you not respond to the summons. That's fine if you are going to file in the next couple of months. But, you can buy more time by responding to the complaint. But that costs money, even if you do it yourself.

When where you planning to file?

Here's how the lawsuit is likely to go: If you don't respond within 30 days after you received the summons, the next thing you will receive is a copy of the Request for Entry of Default. How quickly you get that depends on how quickly the attorney for the creditor moves. They could file the request on the 31st day after you were served with the summons. Assuming the creditor's attorney did everything correctly, the clerk will probably enter judgement, but how quickly depends on quickly things are moving in that court. Once they have the judgment, the creditor needs to find your bank accounts or figure out where you work. They may already have this information. If not, they have ways of finding it on their own or can schedule a debtor's exam where you will be required to answer questions under oath about your assets. If they levy a bank account, your account will be frozen and you will receive a notice of levy along with forms you can fill out to claim all or part of the account is exempt. If that happens and you aren't going to file BK immediately, read the instructions carefully and make sure you meet the deadlines! If they attach your wages, you'll also have an opportunity to claim exemptions.

So, yes it will probably take at least 2 months for anything to happen and you will have warning that you need to file BK.

[jmac]

I was trying to hold off until august since i got a bonus of 6k in april to get a good look back. Also to get together some extra money and pay the lawyer the rest of his fee. Rethinking this strategy for sure, might have to get the ball rolling, seems in cali they can garnish 25% which don't include ins, union dues, 401 so that would be a pretty good hit for me.

[daytona]

If you file an answer and seek discovery....many months of delay. It will vary with each case and each court, but expect 6-9mo+ before judgement and garnishment...

[jmac]

If you file an answer and seek discovery....many months of delay. It will vary with each case and each court, but expect 6-9mo+ before judgement and garnishment...

Easy to do?

[LadyInTheRed]

I was trying to hold off until august since i got a bonus of 6k in april to get a good look back. Also to get together some extra money and pay the lawyer the rest of his fee. Rethinking this strategy for sure, might have to get the ball rolling, seems in cali they can garnish 25% which don't include ins, union dues, 401 so that would be a pretty good hit for me.

You can definitely hold off until August. Most likely until September and maybe even longer.

Easy to do?

Doing it right is a little tricky. But, since all you want to do is delay for a while, you can probably manage. It is going to cost you between $205 and 355 to file an answer, depending on how much you are being sued for. I wouldn't bother if you will be ready to file BK in August or September. Here's what I posted in a another thread a while back about replying to a complaint:

Depending on whether the complaint is verified and how much the complaint is for, you may be able to file a general denial. The form is at http://www.courtinfo.ca.gov/cgi-bin/forms.cgi Look under the form group "Pleading-General". The General Denial form explains the circumstances under which you can use it. If you can't use that form, try the Answer form under the "Pleading-Contract" form group, assuming the compaint is for breach of contract which is likely. Make sure you serve your response on the plaintiff's attorney.

Depending on your response, they can file a motion for summary judgment or they may start discovery or request a trial date. The court may also require a mandatory settlement conference or arbitration.

You can get more information at the California Court's Self Help Website: http://www.courtinfo.ca.gov/selfhelp/

Your local court may also have workshops and other services for people representing themselves. If you are low income, look into free or low cost services. Regardless of your income, you could also get a low cost half-hour consultation through your county bar association. Of course, your BK attorney may also be able to assist.

If you are going to try to respond on your own, I suggest finding the closest public law library and looking at the CEB Practice Guide on California Civil Procedure. The librarian can point it out. A law school library may also allow public access. The practice guide will have sample forms and guide you through procedure.