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Just what exactly does "Judgment mean?

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    Just what exactly does "Judgment mean?

    We've received 3 letters from collectors saying: pay up or a judgment will be filed. Just what does "judgment" mean? We're trying to buy some time before filing. I'm thinking of calling them to let them know we've retained an atty. I told all the other creditors that and the calls stopped-these 3 fell through the cracks and I didn't tell them in time. Does judgment mean they can do a wage garnishment?
    Retained atty 3/2010. Filed Chapter 13 on 1/2013.

    #2
    A judgment is a court's disposition of a lawsuit. If someone sues you for money they say you owe them, then assuming they prove their case, the court will give them a 'judgment' for the money owed. It's the court saying "yes, you owe the money". If they fail to prove their case, the court enters a judgment in your favor.

    With a judgment for money, they can file the judgment in the court clerk's office and the judgment acts as a lien on your property in the county or parish where the judgment is filed. The judgment also allows them to garnish wages, bank accounts, and to levy (take) non-exempt property.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

    Comment


      #3
      Thank you MSbklawyer. That is an excellent answer and much better than the one I was trying to formulate. Thanks, AC
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Thank you! So, I received 3 letters saying we have 30 days to respond. We definitely do owe them, but we won't have all the atty fee's until August, so we are needing to buy some time. Should I mail them a DV letter OR would it be better to call them and tell them that we've retained an atty and give them his name & number. My hope is that if I gave them his contact info that they would set us aside and move on to the next person being we are filing. What do you think would be my best course of action?
        Thanks for your help!
        Retained atty 3/2010. Filed Chapter 13 on 1/2013.

        Comment


          #5
          MSbklawyer said "parish". Now how southern is that for ya? Very nice explanation MSbklawyer... even I understood it!
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Originally posted by sheilaE View Post
            We've received 3 letters from collectors saying: pay up or a judgment will be filed. Just what does "judgment" mean? We're trying to buy some time before filing. I'm thinking of calling them to let them know we've retained an atty. I told all the other creditors that and the calls stopped-these 3 fell through the cracks and I didn't tell them in time. Does judgment mean they can do a wage garnishment?
            You have NOT been threatened with a lawsuit or a judgment resulting from a lawsuit, yet. It would take them a couple months to get a judgment against you even if they did decide to sue you, which they have not. That was explained a week ago to you in your other thread here:

            http://www.bkforum.com/showthread.php?t=56630
            “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

            Comment


              #7
              Originally posted by WhatMoney View Post
              You have NOT been threatened with a lawsuit or a judgment resulting from a lawsuit, yet. It would take them a couple months to get a judgment against you even if they did decide to sue you, which they have not. That was explained a week ago to you in your other thread here:

              http://www.bkforum.com/showthread.php?t=56630
              Geesh, two pages of explanation. What's with that? It isn't that I don't want to help others as all who know me know better, but the same crying game twice? and by two excellent lawyers (who on this forum only give opinions) giving them the best of advice??? To me this is either overkill, attention getting, lack of understanding, or just plain abuse.

              Thank you "WhatMoney". Sometimes there just isn't hope for some. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment


                #8
                sheliaE: Please do not play with us or you will be tossed out on your 'keester'. Here is the response to the same question in an earlier thread:



                Thank you
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  Yikes! Sorry everyone...I was just hoping to get some other responses. I received an answer that didn't even pertain to my question on a different post. I've gotten myself worked up over 3 the letters. I didn't realize I was breaking the BK forum rules. I'll stop asking now
                  Sheila
                  Retained atty 3/2010. Filed Chapter 13 on 1/2013.

                  Comment


                    #10
                    SheliaE, please ask all the questions you wish. The problem comes when you ask the same question over and over, in different ways, expecting different results. We cannot change the bk laws, no matter how much we would like to.

                    Thanks AC
                    "To go bravely forward is to invite a miracle."

                    "Worry is the darkroom where negatives are formed."

                    Comment


                      #11
                      Originally posted by sheilaE View Post
                      Yikes! Sorry everyone...I was just hoping to get some other responses. I received an answer that didn't even pertain to my question on a different post. I've gotten myself worked up over 3 the letters. I didn't realize I was breaking the BK forum rules. I'll stop asking now
                      Sheila
                      SheilaE, Look, we are here to help you. You asked the same question in two threads. On both threads the answer was certainly the same. If you needed clarification, then ask for it. Your second thread (this one) was just about the same as the first. Please do not stop asking questions, but there are MANY people who ask question, get an answer, when the answer is not what they wanted, they then reword that question in other syntax and ask it again, to obtain a more acceptable answer. This is what all of us saw.

                      No don't stop asking questions. Just accept the multitude of answers prevailed upon you. If you do not like the opinions, then purchase a lawyer and ask him/her your question. We try to help but we do not patronize or attempt to placate incorrect information to the best of our knowledge. 'Hub
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment


                        #12
                        Btw

                        Btw: Mrs. C and I do not discuss between ourselves any post before posting independently. She has her machine, I have my machine. It is coincidental if our thoughts just might be the same. After all, we are tied to each other by God. 'Hub
                        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                        Comment


                          #13
                          Thank you-I did just go back and re-read what I had posted. What happened was I asked another question in my thread-I didn't see any responses, so I posted another thread and asked the questions---which was: Should I call the 3 collectors to give them our atty contact info or send a DV letter. I didn't mean for it to look like I was re-phrasing my question for a different answer...I had a different question. But no harm done. I still love this forum and will continue to read everything I can. Heck, I'm going to be here for 5 years :/
                          Retained atty 3/2010. Filed Chapter 13 on 1/2013.

                          Comment


                            #14
                            Have you already filed? Or are you preparing to? Knowing that will help us direct proper answers.
                            "To go bravely forward is to invite a miracle."

                            "Worry is the darkroom where negatives are formed."

                            Comment


                              #15
                              We are preparing-retained the atty, paid him $2000.00, but we still owe $1000.00 He told us to give all creditors his contact info. We did and all calls have stopped, but three got past me before I could give them his info, these 3 have gone to collections. Those collectors all sent us the threat letters about judgments.
                              I realize we haven't "actually" filed, but instead of sending off the DV letter, I was wondering if I should just give them our atty contact info and then they would move on to the next person....at least for now. It would cost them $$$ to continue with us and why know bother if they know we are planning to file.
                              Sheila
                              Retained atty 3/2010. Filed Chapter 13 on 1/2013.

                              Comment

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