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Default Judgement from Discover

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    Default Judgement from Discover

    As I said in an earlier post, I've been sued by Discover, and did not file an Answer. Obviously, I've been expecting this, but there was something that I did not expect. At the end of the legal papers there is a section that states that pursuant to state (Arkansas) Code a resident with a final judgment entered against him shall prepare a schedule verified by affidavit of all property, both real and personal and specify the particular property he claims exempt under the law.

    It was my understanding that listing your assets was something that had to be compelled later with a Debtor's Exam, and that listing exemptions happened after a Writ of Execution was filed.

    Is filing this considered a Court Order? Could I be held in contempt if I don't do it? I also have no idea how. Should I just call the courthouse and ask what I'm required to do. I'm not worried about listing my assets, as I have virtually nothing, I'm just at a loss as to what to do now. Any thoughts are appreciated (The papers give me 45 days after the judgment was entered to do this, so I have some time).

    Thanks in advance for any advice.

    #2
    It sounds as if this is part of your state codes/statutes. See if you can contact a clerk in the court where you were sued and ask her/him. I would think they could answer the question because it is process related.

    I have always volunteered my info and stated my exemptions with my judgment creditors. I have even filed copies of such communication in my case folders at the courthouse. In the end, I think it has saved me, and judgment creditors, a lot of time and screwing around.

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