Summary Judgement Denied

[SwimminUpStream]

Well it appears that Chase/Marcadis lost their request for a Summary Judgement, which I guess is a good thing.

Now there is a court hearing set for 10/4..they have stated they will "appear" via telephone for the hearing.

My question is, I do owe the money...should I now call them and make suitable payment arrangements (which now can be some higher than I originally could make) or do I stick it out and go to court and hope the judge will accept the lower monthly payment.

My problem is, if they get a judgement (and I am sure they will) 25% of my garnished wages is alot of money (alot more than I would offer in monthly payments), and I can not claim HH.

Any insight to offer?

[SwimminUpStream]

No words of wisdom here?

[frogger]

You can call them and try to work out a consent judgment in which you agree to the debt, and both of you agree to the terms/payment arrangements in order to present it to the judge.

Make sure that you get everything in writing.

[treehugger1]

Frogger's thoughts might be particularly worth considering if you can show you have limited income. However, if you have garnishable wages, then the plaintiff's attorney may not accept anything other than a general judgment.

On the other hand, if you intend to declare bankruptcy in the near future, you might be throwing good money away. Have you spoken with a BK attorney?

[SwimminUpStream]

I did pay a large downpayment for an attorney over a year ago. Needless to say I had not been on this board to learn the ins and outs....and this attorney was NOT what I was looking for after learning certain things.

My only issue is alot of CC debt, I work full time for a decent wage, my home is in Fla., so I am protected via the homestead and not having any issues with paying mtg. I am not behind on car payment or day to day expenses. Just the good old cc.

My Chap. 13 just was not a good thing for me (not that they are good for anyone) but I could see it failing even before it started.

So I chose to negotiate with the CC companies and many I have been able to....Chase however (and I have 7 cards with them) is one that does NOT want to see their way into negotiations.

This seemed like a better route for me than BK, even tho I chucked $ 1800- to a BK lawyer.

Worse thing is a judgement/lien against my home and wage garnishment.

While I guess I do not have limited income, I do have basic living expenses, so it is not like I am rolling in dough and just do not want to pay Chase. I offered more than double what minimum payment was and that was not good enough (that was in the beginning of this mess).

So I roll with the punches, make sure I do not have a bank account in my name, car has a loan and much more than it is worth. I do have one car (a classic) that we own, but in both my husband's and my name..as in and not or...SO they cannot touch that as this is not his debt, and he did not have access to the account.

Sigh

[treehugger1]

I also opted not to file a BK 13 about four years ago. So far, in the end, my balance sheet of exemptions (exempt retirement accounts, exempt savings growth plans, etc) have continued to grow.

The lawsuits can change everything, especially if they lead to garnishment. Have you spoken with a reputable CPA? It was worth my time to sit down and discuss what a BK 13 would cost me in the "future." I am within 10 years of retirement and not filing BK 13 penciled out much better for me at this time.

It appears that for you it will come down to wage garnishment. Tough decision. Best to you.

[SwimminUpStream]

Thanks for the words Tree

I still have about 20 years before I can even think of retirement. My co. I have worked for, for almost 10 years now does not have any kinds of a retirement plan....uggh.

So, I do put away each year a small amount in an IRA.

I, like you, am better off without a Chap. 13...even if it does mean wage garnishments. The garnish is much smaller and still leaves me with a heck of alot more money at the end of the month than a 13 would have!

[jacko]

What is your household size? Wage garnishment is determined on family exemptions. Each family member counts as one exemption. If you are single and head of household, your first monthly $1004 net is exempt from garnishment.

Thanks for the words Tree

I still have about 20 years before I can even think of retirement. My co. I have worked for, for almost 10 years now does not have any kinds of a retirement plan....uggh.

So, I do put away each year a small amount in an IRA.

I, like you, am better off without a Chap. 13...even if it does mean wage garnishments. The garnish is much smaller and still leaves me with a heck of alot more money at the end of the month than a 13 would have!

[SwimminUpStream]

Thanks, it is just my husband and myself.

While I live and work in Fla., my company is in another state. Will that be more difficult/timely for them to garnish?

[jacko]

Everyones mileage varies. Does your husband work? Your first $1300-$1400 net(after SS, medicare and taxes are withhold)are exempt from the 25% garnishment. The IRS publishes a exemption table that will give you a precise number.

You can reset your tax withholding exemptions to zero to have max withdrawal and some employers will also allow you to have a additional certain dollar amount
also withhold. Than you can have a nice refund afterwards as long you do not do a direct deposit.

Thanks, it is just my husband and myself.

While I live and work in Fla., my company is in another state. Will that be more difficult/timely for them to garnish?

[SwimminUpStream]

Yes my husband does work. I work for my company out of my home, via telecommute. Have done that for 8 years now.

I do have max. w/h and an extra $ 10- per pay period.

Thanks much for the help with exemptions!

[catleg]

I would like to hear more about why the summary judgment motion was denied.

[SwimminUpStream]

I have no clue as to why it was denied and really suprised the heck out of me!

We live in a very small town, 5th poorest county in Florida...everyone knows everyone type of place.

I do not know if the Judge read my letter where I stated I had offered to pay them a good chunk of money every month and they refused to accept??? Maybe she has pity in this economy and figures if someone is making a good, acceptable monthly payment.... I really do not have an answer as to why it was not accepted.

All I know is I got a copy from Marcadis of the court papers showing a hearing on 10/4,

[treehugger1]

Ahhh, hearing on 10/4. Plenty of time to sit back and have a few glasses of wine. LOL

On a more serious note, perhaps the fact that you answered the complaint was respected by the judge. Do you know how many other suits have been filed in your area by the law firm? Perhaps there have been some issues related to suits brought by the plaintiff or their attorneys. It is hard to say why a judge would fail to deny a motion for summary judgment when you did not bother to file a motion in return.

Chiti has sued me twice, and they use notarized affidavits of various people in some building in Missouri to claim they are familiar with your account, etc. I was going to file a motion to dismiss a default judgment against me based on this "evidence" offered by the attorney in support of his default judgment.

I still need to know more about the affidavits. Citi seems to churn them out by the dozens. A smart attorney might call these affidavits into question and attempt to get a dismissal. I tried calling Citi to talk to the lady who had signed one of the affidavits, but I could never get connected to her. Maybe, these folks don't really exist; let alone have any personal knowledge of the account. I have a year to file a motion, but I'm waiting to see if there is any general court rulings on the afidavits used by citibank. If anyone hears of any rulings related to the use of affidavits by citi, please post. There is a recent ruling by a federal judge related to affidavits being used by a JDB.

I guess what I am saying is that there is the possibility that some issues have come up in other citi cases and your judge wants the defendant to have plenty of time to prepare his/her case.

Maybe just wishful thinking.

[SwimminUpStream]

I surely do not know the reason behind this....but you can bet I will be there on 10/4, even though they (Chase/Marcadis) will only be there via telephone.

My hopes is that the Judge says to them, here is someone making an honest, decent effort...what is your issue.

Maybe wishful thinking on my part as well...but certainly will update!