Notice of default hearing

[thewiz4u]

Hi All;

I have a letter from court to a hearing on September 15th from a judgment against me by AMEX. I need to know what will be my next step to avoid a judgment. Thanks

[thewiz4u]

Ok, Thanks for the quick responce. Amex place a judgment against me and I did answer, now is a court day in 7 days they send me a questionnaire that I really don't know how to answer and I'll like to find the way to postpone the date to buy time before I file.

[treehugger1]

What exactly does the document you received say? If this is a post-judgment questionaire, then as BB stated, you best answer it.

What does the document tell you to do?

[thewiz4u]

I have an appointment with the attny on thursday. But what the document say:
Amex Centurion "plaintful" -VS- ME "defendant" Case #xxxxxxxx NOTICE OF DEFAULT Now comes plaintiff, through counsel, and hereby gives notice that that a dafault hearing in the abobe referenced case will be held on september 15, 2009 at common pleas court, the courtroom of judge xxxxxxxxxx

[treehugger1]

I'm guessing that you live in a state that allows the defendant in a civil contract dispute the final ability to prevent a default judgment by actually showing up for a hearing. I wish my stte worked this way. LOL. I don;t have anything else to say other than you might go to the hearing with an understanding of your state exemptions.

[debtmonster]

Just because you pay an attorney doesn't mean he's going to drop everything and go file for you. When I paid my attorney, almost 3 weeks or so went by before he actually filed.

That bozo attorney I hired originally told me that she said it could take at least 60 days before she could get around to filing. Each lawyer is different on their timeframes.

Just because you have a judgment, does that necessarily mean they are going to go out and run and try to wipe out your bank account or garnish wages? I though they could just put a think on your credit report? That just means nobody will finance you or you can't own property without paying the judgment first.

It sounds like you're adding more drama to the whole situation and making it sound more scary than it may turn out.

I could be wrong... but then again, I've owed a TON of creditors, including AMEX, Discover, Wells Fargo, GMAC and all of the big ones and never heard a peep.

[thewiz4u]

I just dont have a bank account worth more than $200 and my income is a unemployment check, have about $120.000 on unsecured credit and my home that is valued at $96,000 and the mortgage is at $99,000 but I do not want to let go the home.

[debtmonster]

I just dont have a bank account worth more than $200 and my income is a unemployment check, have about $120.000 on unsecured credit and my home that is valued at $96,000 and the mortgage is at $99,000 but I do not want to let go the home.

You're between a rock and a hard place on that one.

I remember back in 2002 when I was on unemployment renting an apartment. My checks ran out and I could not find a job to save my life. The apartment put an eviction notice on my door. I spent what little money I had and had a U-Haul trailer hitch installed on my car and I rented a cheap U-Haul and made several trips putting all of my belongings in storage. I then stayed in the spare bedroom at a relative's house for several months until I got a low paying job that didn't pay much more than the unemployment check. But at least it was enough.

[debtprison]

I just dont have a bank account worth more than $200 and my income is a unemployment check, have about $120.000 on unsecured credit and my home that is valued at $96,000 and the mortgage is at $99,000 but I do not want to let go the home.

What state are you in? For example here in FL garnishments for non-tax or non-student loans debts are hard because the exemption limits are so high. So any collectors getting judgments against me would merely end up wasting their time and money -- even if I did make over $12k a year. Your state will determine the amounts which can be exempted.

[OhioFiler]

You're between a rock and a hard place on that one.

I remember back in 2002 when I was on unemployment renting an apartment. My checks ran out and I could not find a job to save my life. The apartment put an eviction notice on my door. I spent what little money I had and had a U-Haul trailer hitch installed on my car and I rented a cheap U-Haul and made several trips putting all of my belongings in storage. I then stayed in the spare bedroom at a relative's house for several months until I got a low paying job that didn't pay much more than the unemployment check. But at least it was enough.

Please stop from giving bad advice based on unrelated anecdotal evidence. This poster is not between any rock or hard place. He has plenty of options.

[debtmonster]

Please stop from giving bad advice based on unrelated anecdotal evidence. This poster is not between any rock or hard place. He has plenty of options.

Please stop arguing with me. And there was NO ADVICE in that post. I was just sharing something personal. So STFU!

I've been where he is and when you are living on unemployment checks, there isn't much you can do. You think you're going to pay attorney fees on an unemployment check and try to pay rent, food and utilities at the same time? What planet are you on?

[OhioFiler]

You're between a rock and a hard place on that one.

.

I will not STFU when I see something like this posted to a new member here. Thank you kindly.

[thewiz4u]

Please stop from giving bad advice based on unrelated anecdotal evidence. This poster is not between any rock or hard place. He has plenty of options.

I'm from Ohio, can you please tell me what my options are my mortgage is up to date.

[OhioFiler]

I'm from Ohio, can you please tell me what my options are my mortgage is up to date.

I'm not sure what the question is you are asking options for.

[pookieny]

In NY state if you have a judgement put on you, you first get a letter from the sheriff's department stating they want proof of your pay stub and you are to arrange with them to pay 10 percent of your gross pay, not net. They give you a date to start making those payments to them and if you don't start sending them a money order for your 10 percent, then you start getting garnished. Then if that is not enough, there will also be a freeze put on your bank account of almost double of what you actually owe. Hopefully, you were smart enough to get any money you had in the account out of there.

If you have a job, bank account, own a home, you are not judgement proof. Unless your only means of income is social security. But even then, if you own your own home they can attach a lein on it for 10 years, making it hard to sell or refinance.