Notice of default hearing

[pookieny]

Any ways since you have nothing, then nothing is going to happen. Just have the judgment vacated when you file BK. Good luck.

He doesn't have nothing, he has a bank account, an unemployment check, and a house!

Get any money you have out of your bank account. Go to the meeting with the judge if you want and tell him you're unemployed and having a hard time paying your bills to survive, much less credit card payments. He may set you up with a small payment plan, then get a lawyer and file BK.

Yes, you can ignore it if you want and AMEX will win by default, just get any money out of your bank account and see the lawyer about firling BK.

[pookieny]

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

If you want to keep your house after BK, then keep making payments and sign the reafirmation agreement when you get it. If not, then you can stop making payments and wait for foreclosure.

[treehugger1]

Hmmm. I would add that while 10% of gross wages can be attached, the maximum amount cannot exceed the 25% of take-home pay under federal law.

In any event, shut down your current bank account and open a new one at a different institution. The last thing you need to deal with is attemptoing to get a refund of exempt wages/bank accounts. The burden of proof to reclaim illegally levied funds will be on you, not the garnishor.

Just my opinions from someone who has been "down the road."

[debtmonster]

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.

I guess this would explain the tons of check cashing places all over the place.

You would think that the gov't would outlaw every check cashing place because they are doing nothing but assisting those people running from the law.

If somebody garnished me, I would not stand for that at all. Let's just say my temper would go through the roof and I would end up on the front page news. Let's just put it that way.

[thewiz4u]

Well, went to the layer and told me that the papers was nothing to be worried about since we're about to file and that the only thing they want to know is my assets. The only thing that have me questions is that I have a student loan that was not federally insure since the school I went was not accredited at that moment and the attny say that we still not be able to get away from that loan. Is that correct?

[AngelinaCatHub]

Well, went to the layer and told me that the papers was nothing to be worried about since we're about to file and that the only thing they want to know is my assets. The only thing that have me questions is that I have a student loan that was not federally insure since the school I went was not accredited at that moment and the attny say that we still not be able to get away from that loan. Is that correct?

I'm pleased you did get an attorney. It is true about the student loans being extremely difficult to avoid. Rare occasions they are. I read the whole thread and am still not sure what you got a Judgment or a notice to appear, but that is academic now.

Here is my 2 cents, Purchase the C7 book from nolopress. Down loadable for about 17 bucks. It is extremely informational and has copies of all forms. It is in pdf format or go to the library and sign out the hard copy if they have one. If you cannot afford that, Google bk7 and the laws. There is enough on the net that is clear and readable for one who does not know what's going on. We were this type when we first filed. Draw your bank account to zero and use that money for expenses. If you are on UC that cannot be attached anyway. I don't know if OH is a homestead state but your house is worthless to a creditor as there is no equity in it.

I would not reaffirm the house, just keep current on the payments and ride through. They are not likely to take your house as long as you are paying for it. If you reaffirm and hell breaks loose in our economy, you would then be stuck with a Judgment.

Judgments in my opinion are a very bad thing to have. They can haunt you for years and when good times come, they can pop up and sink your boat. Avoid them.

Once filed, your problems are more/less over. Wait for 60 days after 341 and you are free. Be very accurate with your record keeping and above all, be totally honest. 'Hub