Just rec'd judgement - never rec'd notice to appear?

[JackFrostMI]

I received by mail a notice today saying that a judgement has been made against me (Chase). I never received a notice to APPEAR - can they do this?? A month ago I received a court filing saying that if I didn't pay a judgement "could" be filed against me, but I thought to do that they would have to notify me to appear??

I'll be contacting a BK lawyer within the next month - but what will happen with this judgement? I'm worried that they will take what little unemployment I get. I'm beyond broke and can barely pay for the day-to-day basics let alone lawyer fees upfront or a judgement (only money I have is a few thousand in my 401K if I have to take it out to pay a lawyer).

I'm in Michigan so from what I've read on here it looks like they can take my husbands money out of our joint account (bank won't let me off account because it's for our mortgage payments - husband makes deposits into it).

Just not sure what to do. Anyone in Michigan have advice? Thanks!

[keepinitreal]

Since the bank won't let you take your name off the account, your husband could open a new account in his name only, cancel any auto-deposits to the joint account, and cancel any auto-pays to the old account. His money needs to be protected from being taken by Chase.

[jtallerie]

JackFrostMI, you must do what KeepitReal said, they will take your husbands money if it is a joint account. I just had my accounts levied, one of the accounts belonged to my minor child! Take all your money out right away! Or it will be taken away! I don't want to see anyone go through what I am going through now!

When it happens, all your automatic payments will bounce when your account is levied. Chase is so brutal they might levy the money and let the payment on the mortage go through and not bounce to get the bounced check fees and you would have to make good on the check (pay twice). Your mortgage money will be gone!

If you cant take your name off the account you must take the money out. Open a new account and make the automatic payments from the new bank and whatever you do keep your name off it until your BK is filed.

If you have automatic deposit from your job go into that account they might go after your paycheck also! They would know where you work.

[JackFrostMI]

Thanks keepinitreal - it looks like I'm going to have to have my name taken off the accounts right away - including my kids accounts (never thought about those).

jtallerie - I'm unemployed - that's why I'm going to have to file BK and Chase knows that. Also - I've been told that they CAN garnish unemployment here in Michigan so as soon as I can find a BK lawyer & the money to file I'm going to. I just worry about coming up with the money first to pay a lawyer so I can retain them.

[jacko]

If you are unemployed, why are you freaking out? You are collection proof. They can not garnish unemployment money. You should close your checking and open a Wal Mart money card and cash your unemployment.

You would be foolish to file BK since you are destitute. They can't take when you have nothing to take. Save the money you have that you were going to pay your attorney with.

I received by mail a notice today saying that a judgement has been made against me (Chase). I never received a notice to APPEAR - can they do this?? A month ago I received a court filing saying that if I didn't pay a judgement "could" be filed against me, but I thought to do that they would have to notify me to appear??

I'll be contacting a BK lawyer within the next month - but what will happen with this judgement? I'm worried that they will take what little unemployment I get. I'm beyond broke and can barely pay for the day-to-day basics let alone lawyer fees upfront or a judgement (only money I have is a few thousand in my 401K if I have to take it out to pay a lawyer).

I'm in Michigan so from what I've read on here it looks like they can take my husbands money out of our joint account (bank won't let me off account because it's for our mortgage payments - husband makes deposits into it).

Just not sure what to do. Anyone in Michigan have advice? Thanks!

[JackFrostMI]

jacko - how am I collection proof? I get unemployment and what about when I find a job?? Am I suppose to think all my creditors are going to disappear just because I'm unemployed? My understanding is that I should file BK because there is no way I'll ever be able to pay them all back - especially with all the added fees/late charges/court costs + monthly interest they are adding to the judgements. I owe $30K+ and I'm thinking this is my only way out.

Only asset we have is our home but there is no equity in it but they can't touch that can they because it's in both of our names?? Plus I have a few thousand in my 401K but I've been told as long as I don't take the money out they can't touch it.

I don't want to just put off this mess until I find a job and then have to deal with garnishments and whatever else. I just thought BK was my only answer right now....or am I foolish to be considering BK??

[jtallerie]

JackFrostMI, I should have filed sooner myself. I am going to the lawyer to sign the papers tomorrow. I am filing this week. If your unemployment check is direct deposit have that stopped & have it mailed to you.

The WalMart money card is a great idea. I think I am going to open one myself. I want to do a little more checking into it. I don't want any more money taken away. I am not sure if it could be tracked down, by a collector.

I have heard that sometimes when you file BK and your bank is notified the bank puts a hold on the account. For the Trustee? I am going to ask my Atty. I am not sure about it , I don't know if that is true. I will not take any more chances with my money ever again. I was left with nothing! When my accounts were levied 2 weeks ago I did not even have money for food or gas.

[JackFrostMI]

jtallerie - how long AFTER your judgment did they take the money out of your account?? I just received my notice of judgment yesterday (Sat) and we have a bunch of checks that haven't cleared our account and more than a dozen ETF payments for bills that are to come out this week. All the money in the accounts is spent but the payments haven't gone through yet. If we can just make it through this week (until Friday) then we should be OK with closing the accounts and getting things set up in my husbands name only.

I'm stressing out like crazy right now that they will take the money before the checks/payments clear.

[jacko]

It would be foolish to file BK if you are unemployed with out health insurance. You can rack up additional debt while unemployed. I would open a Wal Mart Money Visa debit card to bank your unemployment money. You can bill pay your utilities etc.

Also, I assume you are single and head of household. The first $1004 of monthly net income(after tax withholdings) is exempt from garnishment.

Once you are on the road to earning a income again with health benefits, than consider BK with the exemptions in mind.

jacko - how am I collection proof? I get unemployment and what about when I find a job?? Am I suppose to think all my creditors are going to disappear just because I'm unemployed? My understanding is that I should file BK because there is no way I'll ever be able to pay them all back - especially with all the added fees/late charges/court costs + monthly interest they are adding to the judgements. I owe $30K+ and I'm thinking this is my only way out.

Only asset we have is our home but there is no equity in it but they can't touch that can they because it's in both of our names?? Plus I have a few thousand in my 401K but I've been told as long as I don't take the money out they can't touch it.

I don't want to just put off this mess until I find a job and then have to deal with garnishments and whatever else. I just thought BK was my only answer right now....or am I foolish to be considering BK??

[jtallerie]

JackFrostMI, It took them about 4 weeks to levy my accounts. Hopefully you will be OK. Just make sure that you protect any money that belongs to your children. At least you will be prepared, and you know its coming, so you can plan.

I might start keeping my money in a coffee can account, lol.

You should have your husband open a new account now before closing the old accounts. He can open a checking account with as little as 25.00. It is very easy to open a new checking account when you already have one with another bank. This way you will have a new account up and running to deposit his checks & pay bills.

[JackFrostMI]

jtallerie - my husband already has an account at a different credit union that is in his name only. He went this morning to start taking care of moving things around. The judgment shows it was entered June 7th by the court - so that's just two weeks ago. Hopefully all the outstanding payments will make it through before anything happens.

jacko - No - I'm married but my husband is employed & is not filing BK. We do have COBRA insurance for another 2-months and I do worry about what will happen when that's gone & I've filed BK if we have any medical bills. Husband's job doesn't have any benefits & he can't exactly get a different one as it's a family owned business. I'm hoping that I find a decent job that has benefits soon, but it looks like I just need to file BK and get it over with. I can't have this mess affecting me when I do find a job - better to just do it now.

[frogger]

I have heard that sometimes when you file BK and your bank is notified the bank puts a hold on the account.

Not without due process. Who notifies the bank?

[jtallerie]

JackFrostMI, If your children are under 19, most states have some sort of Healthy Kids program (that is what it is for Florida) (in NY it was Child Health Plus) for working family's.

It is very inexpensive! The benifits are better that any health insurance I had through my job. No co-pays and precription coverage (no co-pay). It also covers dental. You should check into that for your kids, so at least they won't have a lapse in their health insurance. You could have it up and running before they have a lapse. My children were able to go to very good Doctor's that were rated top 10 in NY. Usually these programs are with blue cross & blue shield or United Health Care. They ask for proof of income once a year. If you are able to get a job with benefits you can just insure you and your husband and save some insurance premiums on your kids for a while.

[jtallerie]

Frogger, what would be due process? I have been under the impression that if the Trustee notifies that bank that you filed for BK they sometimes put a hold on your accounts.

I live in Florida. Exemptions are very low. I know when you file you are asked how much you have in your checking. I am very afraid that I would have my living expences in the account waiting to clear and I will get cleaned out. Left without food money, lights, water, etc.

[WhatMoney]

Frogger, what would be due process? I have been under the impression that if the Trustee notifies that bank that you filed for BK they sometimes put a hold on your accounts.

I live in Florida. Exemptions are very low. I know when you file you are asked how much you have in your checking. I am very afraid that I would have my living expenses in the account waiting to clear and I will get cleaned out. Left without food money, lights, water, etc.

So far only Wells Fargo has been reported as freezing checking accounts for BK filings for some filers. That's based on the limited information reported in this forum. WF gets the filing notices from public records, which they monitor in real-time.