If sued for a debt, how long before they can garnish?

[Ineedhelp2]

We had our chapter 13 dismissed, and now the creditors have come back to haunt us again in full force. (I actually believed they'd foreget about us).

One of them is a large medical debt of $28,00. (Not sure how it could be so high since I thought my insurance deductible was around $10,000).

They tried to serve us the other day, but we weren't home, but I will soon be served papers.

Does anyone know what happens from here and how soon they could get a judgement, and how soon after that they could garnish our bank account. (That's the only thing they could go after. We have no equity and I'm self employed).

I want to file chapter 7 in late December, and am hoping nobody could suck any funds out of our account before then.

[DeadManCrawling]

It has been three years for us. A very similar situation.

Yo have time. Quite a bit, probably. You can avoid being served for a while, but they have other avenues. They may be able to serve by mail or by advertising a notice in the paper. Some areas allow one or both.

You can delay things by answering the complaint and denying the accusations as much as possible. It is not expensive, and can buy a lot of time.

Or hire an attorney to do it for you.

We are almost two years out from 2 default judgments which are only now becoming serious. In a medical case, though, especially if it is a local group without a regional or national company, they might move faster.

Whether you answer or not is up to you, but you can track the case either way on your court website or by going to check at the courthouse. Knowing what is going on can help you time a BK filing, which is what we have been planning for since our judgments were entered.

Be,

-dmc

[Ineedhelp2]

If I were served today, do you know long it would take to go to court and for them to get the judgement?

In theory, once they have the judgement, could they immediately start to come after assets or income?

[keepmine]

If I were served today, do you know long it would take to go to court and for them to get the judgement?

In theory, once they have the judgement, could they immediately start to come after assets or income?

Nobody can tell you that unless they know the Rules of Civil Procedure in your state. That governs what judgment creditors can do and the process involved.
Dec. is only a few weeks away so you likely have time. Ask your bk lawyer these questions. For sure, I'd close my bank account and use cash and money orders until I filed.

[AngelinaCatHub]

We had our chapter 13 dismissed, and now the creditors have come back to haunt us again in full force. (I actually believed they'd foreget about us). In six months try for a C7.

One of them is a large medical debt of $28,00. (Not sure how it could be so high since I thought my insurance deductible was around $10,000). I would check that one out and that would be cause for a dismissal in their case if they are lying about the amount.

They tried to serve us the other day, but we weren't home, but I will soon be served papers. You can avoid but not evade a process. Eventually you must take the summons. If it is proven you evaded that is contempt.

Does anyone know what happens from here and how soon they could get a judgement, and how soon after that they could garnish our bank account. (That's the only thing they could go after. We have no equity and I'm self employed). Depending on your state, after a judgment, they must write you a demand letter, give you 30 days, go to Court for a garnish or the sheriff for a writ of attachment (car or personal stuff). It takes a fair amount of time.

I want to file chapter 7 in late December, and am hoping nobody could suck any funds out of our account before then. BEFORE you are officially notified, get your account cleaned out. If they depose you for what your assets are, they can demand that amount that was in your accounts any date after the subpoena for attempting to hide assets.

'Hub

Edit: P.S. I believe you have plenty of time. Less than six weeks till January.

[Calthius]

Get the summons and file a dispute. But wait to file the dispute till just a few days before you would get a default judgment against you. Normally you have 21 - 28 days to answer depending on the state.

File a letter stating that you dispute the amount of the debt owed and that you are in the process of filing a chp 7. (hand deliver it to the court and have them stamp a copy for you saying it was received).

The other attorney would have to ask to go before a judge and then they would have to serve you again. That will most likely buy you at least a month. then you are well into Jan before you get a judgment against you.

Even if they do get a judgment you would have 21 days before they would be able to start the collection process.