Now that I have one judgement all other creditors are silent.

[merime]

Citi got a $20,000 judgement against me last January. I have heard nothing from them since. Strange thing is my other creditors have stopped calling. I have a Woodforest bank account with always less than $50.00 in it. I guess Iam collection proof as can be. Last year I made $6,900 after state, FICA , and SS was taken out. I assumed,(yes I know stupid), that FICA meant Federal taxes. So long story short I owed $1000 to Uncle Sam. My husband claimed me on his return. Of course I marched right into my employeers office and asked for federal to be withheld. My next paycheck it was. The center where I work was closed and I only worked one day in the next pay period. I looked at my stub and again no federal was deducted. I guess that is as collection proof as one can get

[DYLAN150]

Do you own a home? Just wondering how far were you behind with Citi? Others?

[PANSYFACE]

My two cents - I don't see how you are collection proof just because nothing was withheld for federal taxes. It just means that you didn't make enough for withholding purposes for that pay period. Also did you file separately - how do you owe $1000 on so little income?
You can still have your personal property taken unless North Carolina laws prevent that.

[merime]

My name is on the mortgage, thats it. I stopped paying Citi in Nov 2009. They sued in Jan. I was going to file a chapter 7, but could not afford the $1,900. None of the debt is in my husbands name. In fact he still has 0 debt and perfect credit.

I did not mean to imply that not withholding taxes made me collection proof. What I meant was that I make so little and then having to actually pay to work, makes me worth nothing. That is what I figured on the small paycheck, but I have heard that it does not matter if you make $10.00, they should take $1 federal. He decided that it would be better to file joint. If not, it would have cost way too much.

I know they can take personal property , but all I have is the house. No diamonds, expensive bags or designer clothes. If Victorias secret wants my PJs back , I would gladly give them.

In all fairness, I did pay until I used up all my personal savings. I tried to negotiate lower min payments, but it did not happen.

Thanks for 2 cents!! I have learned so much on this forum. Knowledge is power!!!!

[AngelinaCatHub]

Merime, have you considered pro se? You are pretty sharp. I can give you our old C7 Nolo book if you wish. 'Hub

[Freddy03]

Just from my experience: After I received my 1st judgment a few months later I received my 2nd. So it didn't stall the other cases.

[treehugger1]

I had several judgments followed by several more. Judgments did not seem to slow others down. I do have to say that I have several judgments that have never been acted upon, nor has anyone ever tried to enforce them through wage garnishment. Pretty wierd. The judgment creditors who have went for wage garnishment have all been paid off through the garnishment procedure.

[systemslt]

I had several judgments followed by several more. Judgments did not seem to slow others down. I do have to say that I have several judgments that have never been acted upon, nor has anyone ever tried to enforce them through wage garnishment. Pretty wierd. The judgment creditors who have went for wage garnishment have all been paid off through the garnishment procedure.

if it was worth the time to sue you to get a judgement it will be worth there time to collect it. there watching for a good time to do it. they can collect with in weeks if filing the paper work.

[treehugger1]

Well, they actually won't collect within weeks, not even months. The truth is that unless I live to be 500 years old, they will never collect it all. They might get tiny pieces here and there, but I have no non-exempt assets and my wages are on a 15% permanent (until I retire, and they have to settle for 15% of SSN) Department of Education student loan garnishment. The other 10% is currently being taken to catch up on back taxes. In the event the judgment creditors do decide to garnish wages, they have to play the 90 day writ game here in Oregon. The writs are good for 90 days, and then they must be renewed. The legal firm representing the judgment creditor is out-of-state but belongs to the Oregon BAR. I spoke to them several times about a year ago. I almost think the firm was already paid by the creditor. For all I know the creditor might need to find some other law firm to attempt enforcement. You are correct in that at some point, they could obtain a writ of garnishment. However, in my case, with the permanent 15% DOE wage garnishment, there is no "good time." And, the attorney I spoke with understands this. I will wait and see. If they get "hungry enough," then maybe they might go for a few morsels now and again. I'm more inclinded to believe the OC will eventually assign or "sell" the rights to collect the judgment. Then, the FDCPA game begins anew. There are collection firms who specialize in judgment collections, but as third party collectors they come under both federal and state laws.

[keepsmiling]

Well, they actually won't collect within weeks, not even months. The truth is that unless I live to be 500 years old, they will never collect it all. They might get tiny pieces here and there, but I have no non-exempt assets and my wages are on a 15% permanent (until I retire, and they have to settle for 15% of SSN) Department of Education student loan garnishment. The other 10% is currently being taken to catch up on back taxes. In the event the judgment creditors do decide to garnish wages, they have to play the 90 day writ game here in Oregon. The writs are good for 90 days, and then they must be renewed. The legal firm representing the judgment creditor is out-of-state but belongs to the Oregon BAR. I spoke to them several times about a year ago. I almost think the firm was already paid by the creditor. For all I know the creditor might need to find some other law firm to attempt enforcement. You are correct in that at some point, they could obtain a writ of garnishment. However, in my case, with the permanent 15% DOE wage garnishment, there is no "good time." And, the attorney I spoke with understands this. I will wait and see. If they get "hungry enough," then maybe they might go for a few morsels now and again. I'm more inclinded to believe the OC will eventually assign or "sell" the rights to collect the judgment. Then, the FDCPA game begins anew. There are collection firms who specialize in judgment collections, but as third party collectors they come under both federal and state laws.

Treehugger, is your story posted somewhere? It sounds interesting.

[treehugger1]

keepsmiling, My story and it's constantly changing plot has been posted many times. You would need to do a search. I joined here in Sept. 2006. I went through many different scenarios; settlement, suits, etc. Finally, I just accepted that I would/will be sued and built a budget based on 25% wage garnishment. With the current 15% student loan garnishment, any judgment creditors are stuck with others at the 10% trough. This is not a good tactic for most folks, but it works for me. And, my student loans are getting paid, I'm allowed $7500 in exempt moneys in bank accounts, I am allowed up to the federal amount in my exempt optional retirement accounts and tax-deferred savings growth plans, including maxing out 50+ catchup if I have the funds.

Before, I was shelling out about 60% of takehome pay to unsecured creditors. I keep a very careful accounting for where I would be financially, had I filed a BK 13 at the end of 2006. I am way ahead financially. The BK 13 would be finished this fall had I filed, on the other hand, I would also have an additional $35K in student loan interest built up over the five years.

You need to do your own math for your own situation. I spoke to several attorneys and a CPA. I am currently preparing to see a few BK attorneys once again and review my situation.

Maybe I should put together a blog.

[IamOld]

keepsmiling, My story and it's constantly changing plot has been posted many times. You would need to do a search. I joined here in Sept. 2006. I went through many different scenarios; settlement, suits, etc. Finally, I just accepted that I would/will be sued and built a budget based on 25% wage garnishment. With the current 15% student loan garnishment, any judgment creditors are stuck with others at the 10% trough. This is not a good tactic for most folks, but it works for me. And, my student loans are getting paid, I'm allowed $7500 in exempt moneys in bank accounts, I am allowed up to the federal amount in my exempt optional retirement accounts and tax-deferred savings growth plans, including maxing out 50+ catchup if I have the funds.

before, I was shelling out about 60% of takehome pay to unsecured creditors. I keep a very careful accounting for where I would be financially, if I had filed a BK 13 at the end of 2006. I am way ahead financially. Now, the BK 13 would be finished this fall had I filed, on the other hand, I wold also have an additional $35K in student loan interest built up over the five years.

You need to do your own math for your own situation. I spoke to several attorneys and a CPA. I am currently preparing to see a few BK attorneys once again and review my situation.

Maybe I should put together a blog.

You should!!!!!!

[merime]

For me I do not see garnishment as an option. First its not allowed in NC. Second I don't think they can take much out of a paycheck that does not exist. My only real worry is the house. If sold, I assume they could try. If ever I was able to sell, I would promptly go to Chapter 7. To do so now, with no income, seems futile. i think all my other creditors feel the same way. Waiting in the back to pounce.

[keepsmiling]

Tree, a blog is exactly what I was thinking. Your story is valuable even tho it would not apply here as we are self-employed. Thanks.

[IamOld]

Not to sound melodramatic, but treehugger is one person standing up against a very unjust system in my very humble opinion. But, as they said in Knight Rider, "one man (person) CAN make a difference." Tree is a person who is simply not letting "them" roll right over him. Kudos in fighting the good fight!