Judgement

[pmac123]

Hi,

I was just reading about direct deposits. I do have a judgement against me from Discover. Can they just take money out of my account? I'm not filing till April and really don't have extra after I pay bills. Is there a process(bring me to court) that they have to go through before they can take it from me? Do you think I should stop my direct deposit? I wish I could afford an attorney but there is just no way. Thanks for your help.

[frogger]

Hi,

I was just reading about direct deposits. I do have a judgement against me from Discover. Can they just take money out of my account?.

They can't just "take" it, however since they have a judgment against you, the next step for them is easy. If they know of your bank account, they can just garnish it.

You will not get any warning.....

[pmac123]

They do have my bank account info (I have been paying on line). Should I open a new account at a different bank? Do I have to file for bankruptcy first then motion to vacate or can I file that now?
Thanks

[frogger]

They do have my bank account info (I have been paying on line). Should I open a new account at a different bank? Do I have to file for bankruptcy first then motion to vacate or can I file that now?
Thanks

Opening a new account would be the best decision to temporarily protect your funds, however with time, they will find that one too.

There is nothing to vacate at this time. They have a judgment.

You can just always play cat and mouse until you file.

[pmac123]

Thank you
I am going to file in February right after tax return time. I'm also going to open a new bank account today.

[clevelandmom]

Hey Pmac,
Go ahead and open a new bank account - but I would definitely stop the direct deposit too. Have your employer give you live checks, and CASH THEM. Leave the absolute minimum that you can in your bank account and keep your cash close to your chest. If the blood suckers find your money, they'll just take it. It is definitely a cat and mouse game. Be a smart mouse. Best of luck my friend!

[bk2009]

Yep, open a new account today. They can look for a new account, but that doesn't meant that they'll find one.

[frogger]

Yep, open a new account today. They can look for a new account, but that doesn't meant that they'll find one.

But they probably will at some point. All of your personal information is for sale...

[pmac123]

Don't know what I would do if I didn't find you!!! Just so good to know I'm not alone! Thank you all so much.
I stopped direct deposit today. I'm going to just keep asking the questions and the answers will come from those who went before me.

[free2breathe]

pmac, another option is to get something like a Walmart money card. They are $3 in the stores, free online. You can have your check direct deposited to them for free as well. They are a Visa debit card, so you can use them to pay bills, make purchases, everything just like your bank debit card. It's a great way to keep from carrying cash around with you

[tcreegan]

Hi pmac,

I do have a judgement against me from Discover. Can they just take money out of my account?
Is there a process(bring me to court) that they have to go through before they can take it from me?

The answer to these two questions are linked to one thing: after the judgement, did you get served with a writ of [execution/attachment/something] ? If you did, you had 14 days to respond, if you didn't respond, or if you did show up in court but the judge OK'd the writ anyhow, they can levy your bank account as soon as they can get the papers served on the bank.

If the case was in small claims court, they cannot force you to divulge your bank acct info, but if it was in district/superior court they can. (you have 30 days to answer)

(all this NH rules/laws)

Most people around here in your situation start getting paper checks, cash them, pay bills w/ money orders, everything else in cash.

Good luck with this and your filing!

Tom in Colo

[pmac123]

Hi,
In February of 2009 I went to court (was shaking in my boots) and the attorney seemed so nice. When we got in front of the judge he turned into a monster. The judge asked how much I thought I could pay and I told him 150 a month. In October and November I could only pay 50 each month, every other month was 150. In March I got a letter saying that everyhting was OK. Six weeks ago the sherrif was at my door with a summons and said if I didn't show up in court there would be a warrant for my arrest.
When I went to court the attorney asked me why I was there!!!!!!!!!!!! He thought my monthly income was my weekly income so we had some words about that. Not only can I not pay them anymore I really don't want to. I was trying to do the right thing and they just really don't care.
I put a stop to my direct deposit and will open a new bank account at another bank.
They are RUTHLESS!!!

[pmac123]

Oh...kind of got off subject there. I agreed to pay 125 a month starting Dec 1st but I'm going to file instead.

[pmac123]

Congrats on your 341 it must feel great...I can't wait!

[tcreegan]

Hi again pmac,

Once you file, you or your attorney should take a copy of the BK notice w/ case # and file date over to the court where the judgement was awarded and file it in that court w/ that case # on it. Then after you get your discharge, file a motion to vacate/set aside the judgement.

Hang in there,

Tom in Colo