Two creditors have filed lawsuits against me, and will soon get judgements against me.\n\nWhat are the consequences of this for me?  What can I expect to happen?  Will I be taken to jail?  I have no house or car but have some personal belongings (computer, bicycle, books, etc).\n\nI have very bad credit, and though I am trying to get a loan so I can settle with these two creditors, it is not going well.  I have no money to settle with these two creditors.\n\nIf they do obtain judgements against me (which is likely), what is the best way to protect myself?  Will they take the money I get paid from work?  If so, how am I expected to pay for rent and food?\n\nWould it be wise todeclare bankrupcy?  If so, can I do it without a lawyer?  If not, around how much would a lawyer charge for bankrupcy?\n\nThanks
217973
I would file tommorow if I was you, once they get a judgement you cant include them in your bankruptsy. I just filed in october and it was over in march. I downloaded the forms from gov.org website and did it myself, I filed it myself and included a form to ask the court for a payment plan for the court costs which were $187.00, to be made in payments. We filed chapter 7, and because we didnt have more than 25% equity in our home we got to keep it. We wernt behind on that bill. So we just keep on paying it like usuall. We got to keep one car for each of us. Both were already paid off. My husband had one judgement that was not allowed to be discharged. And our home equity loan and mortgage was not entered as a discharge, because we are still able to pay for that. We got $69,000 dollars worth of debts discharged (meaning we don't have to pay them)The day you file, you have to pay $50 dollars toward the total if you file the form asking for the payment plan. The forms are kinda hard to understand at first.The packet is about 20 pages. One ask to list all secured debts, which are home loans or car loans. And then you list all your unsecured debts on one page meaning credit cards and hospital bills and the like with all the totals and names and addresses of the debtors, and then a page to list your income and what your personal assets are like jewlery, art work etc. Just work one page at a time, you can do it. But work fast before the judgement, and don't tell them you are doing it. The day you file you and get a number you are protected from them harrassing you, calling you or sueing you. The papers are free to download of the government web page. You have to decide which one to file chapter 7, 11, 13 depending on you particular circumstances. 7 is total and if you own more that 25% equity in a home they can sell the home to satisfy the debtors. 13 is a repayment plan I think. And state to state has different rules. Now you have to have credit counciling to, I think. The second web site has the forms free to download and the rules of the credit counciling and a listing of the individual states that you would live in. I hope this has helped you. Remember the law was set up for you to help you, when you cant pay the bills. Dont let anyone shame you. Its your right to file..
104556
Judge Joe Brown would love for you to give him a call.  LOL, but if not, Small Claims Court is definately the way to go.  It helps if you have documentation that you actually gave them the money (such as a cancelled check).  But the odds are your friend wont show up for court anyway, and you'll just get a default judgement for the $$.  Of course, collecting the $$ after that can be a whole new challenge.
232090
The best way to get creditors to stop bugging you is to pay your bills.  Your neighbors might thank you, too.\n\n__________ EDIT ________________\n\nI'm confused.  If you don't owe money, why are you worried about the collection agency finding you?  Wouldn't you be GLAD that they FINNALY got a hold of you through your neighbor so that you can clear up any misunderstanding and not have them harm your credit by reporting you as two months delinquent?
455059
Talk with an attorney.  There might be a way you could still come out of bankruptcy with something left.  You didn't say why you want to go bankrupt.  Do you owe more than $65,000?  If there is a way that you can not file bankruptcy then I suggest that you do not file for bankruptcy.  Do you have relatives you could live with if you lose the house?  Usually if you have a lien then any money that's taken from your pay or from what has been sold that you own first goest to paying the lien on the house.  Debts on the other hand, well you can go to Consulter Credit Counseling who can remove the interest, close your accounts, and help you pay down those bills if you have a job.  Right now there are a lot of part time jobs so you can get a second job for the holiday season and don't buy anything more.  Cut off your cable, get rid of your cell phones, and if things get really tight then sell your expensive car if you have one and get a clunker for a while till you recover.  If there are others in your family they could get jobs too.  And, if you can still have the house for a while longer then maybe you can rent out a room by the week (ask for church attenders who need a room to stay over the holidays).  But first you need to figure out how much time you have left on the house before it goes into foreclosure.  Best of luck to you.
546751
Please ignore the above answers.  Another batch of people who guess at answers and won't take a moment to do some research.\n\nHere is your problem.  Protesting to the credit bureau does no good.  All they are required to do is check with the court and verify that there is a judgement on record (and there will be).  They will also check the status.  If it shows that it's not been satisfied, your credit history stays uncorrected.  \n\nYour job is to get this information corrected with the court, but it's going to require action by the creditor to do it.  And as you say, your creditor is being a jerk.\n\nYou need to do some simple research of your state laws.  Going to the court and asking the clerk's will not help because they are barred from giving you legal advice.\n\nLets take Michigan for example (see the law below).  The creditor is REQUIRED to report the discharge of the debt, or face contempt action by the court.  As you can see, in Michigan you simply send the creditor a certified letter demanding that they fix it.  If they don't you can sue them for $300 plus damages.  \n\nDo your research.  Maybe a local attorney will spend 5 minutes on the phone and tell you the local laws.  But I will guarantee you that every state has court rules that require the creditor to properly discharge their debts.
609151
Go to the District Court Clerks office and file a Small Claims.  It cost you money up front but if you win your lawsuit the person you are suing will have to pay that to you along with the judgment if you win.  If you lose you are out just the money you used to file this case.  Bring anything you have as evidence and you will both be sworn in to tell the truth and the Judge will question you both.  My point is the truth comes out most of the time.  You do no need an attorney!  If the person you sue does not show up for court then the judgment is rendered against him, it's called a Default Judgment.
455065
They will need to win a judgment in order to garnish your wages. \n\nFurther action means they may sue you. \n\nYou should attempt to settle or structure repayment before it gets to that point. \n\nHere is a good resource to help you: http://www.expert-credit-advice.com/debt_settlement_service.htm\n\n\nHere are the garnishment procedures listed by state: http://www.expert-credit-advice.com/wage_garnish.htm \n\nAgain, it would be wise to do something before they do!
546451
My advise?  Attorney and fast...before they get a judgment against your paycheck, bank account, savings, etc...
29083
There is no way to "beat" the case now that you have already lost it.  It can be appealed, but that would cost more than paying it.  The best thing you can do is reach an agreement about paying off the judgment against you.  You are bound to pay off the judgment (I presume the court found you owed money and didn't order particular steps about how you should repay) but it can be hard to actually collect, and most people eventually agree to payment schedules rather than trying to force total immediate payment.
308240
If this individual holds a judgment against you after having gone to trial, there is very, very little you can do.\n\nThe only way to successfully get out of paying the judgment is to have no money.  Even then, sometimes a creditor can attach the bank account of someone holding money for you.  There is one way to have no money and quash the judgment so that the creditor cannot come after you again - bankruptcy.  If this is important enough to you, talk to a lawyer about filing for bankruptcy.
394593
I assume this question is for a jurisdiction within the United States.  Answer:  Generally speaking No - when a monetary judgment is rendered against you in a civil dispute, the party that won the judgment has to go back to court to obtain a lien against a tangible asset you own, or have your wages garnished - if you do not pay the judgment within the time allotted.  State law may control what comes first in terms of what the plaintiff can do to get their award out of you.  They may try bank accounts first, then wage garnishment, then asset liens or some combination of these things.  Rules vary by State.  In some States it's a crime to try to hide your assets from such a judgment once it's been issued by the Court.  Currently, I am not aware of an 'automatic' lien scenario where your assets are frozen on the spot for a civil case.  That doesn't mean it can't happen.  Criminal cases are another matter.\n\nIf you have a good reason for not appearing at the hearing, you may able to have the judgment set aside and get a new trial, but you have to have a really good reason for not showing up, and of course, you have reason to believe you are not at fault in the dispute.  You already stated you were served but failed to appear, so you can't argue you didn't know about the hearing date.  \n\nAt the end of the day, you need to consult with a lawyer to see what your options are.  Most lawyers will give you an initial consultation for free.\n\nThis post is for general information only and is not and should not be construed as legal advice - consult a qualified lawyer in your State.
535601
They have to sue you first before they can "take" anything from you.  If they do sue and win, then it's up to the courts.  But any kind of threat or statement in saying what you are doing is illegal by not paying is a violation of the Fair Debt Collection Practices Act.  Read that act front to back.  It's dry reading but quite eye opening.
491640
Speak to the Citizens' Advice Bureau about FREE debt advice. There are some other charities that will offer you free advice about the best/quickest way to repay what you owe but I am unaware of any organisation that will administer your debt for you or give you a consolidation loan without making some sort of charge. \n\nCAB will encourage you to look at what all your income and outgoings are and devise a strategy with you, not for you, as to how you are to pay it all back. Meanwhile, write a holding letter to your creditors telling them that you are seeking independent advice about the debt. It will only serve to stall them temporarily. \n\nWork out your priority and non priority debts. Priority debts are ones which will affect your home or your liberty and include rent/mortgage, water, gas and electric and any other loan secured against your property. Non-payment of council tax can lead to imprisonment and so is a priority debt. All other debts are non-priority. It is vital that these are paid first.\n\nDraw up an honest list of what comes in to your household and what goes out and include everything, including newspaper money and pocket money for the kids etc. Don't try to hide an amount under the heading 'Housekeeping'. Debt companies know what to expect to see under all the headings based on reasonable amounts according to your home circumstances and trying to hide amounts under ambiguous headings won't work. \n\nYou then need to write again to your creditors and include the income and expenditure form. They should then come to an agreement with you although they are not obliged to. If you go to the CAB with this information, they can help you work out payment plans for each creditor and give you a standard letter to send. It may also carry more weight with the creditors if they know CAB are involved. \n\nCreditors are not obliged to accept your suggested payment plans and will be looking for some commitment from you that you are determined to clear your debt. Can you return the cards to the company, cut up? Can you sell some of your assets? Can you take on another part-time job specifically to pay them off? Could you rent a room out in your house? \n\nThere are other options like IVAs or bankruptcy depending on how much debt you are in but these have as many cons as they do pros and are not the answer for everyone, particularly if you own a house with equity. You could speak to CAB about these options but think carefully before going down these routes. \n\nYou are right to think about alternatives to taking out more debt. There are obvious problems if you cannot keep up repayments on bigger consolidation debts especially if they are secured against your home. I don't know your own circumstances, of course, but maybe going through the debt procedures above will concentrate your mind on how you managed to get into debt in the first place, the pain of being in debt and how hard it was to get out of it which will prevent you from ever going down that road again. I know that I learned that same lesson the hard way and am steering well clear of ever going there ever again. Consolidation seems like easier options but will anyone ever learn to change their behaviour or is it just a quick fix to allow the same thing to carry on all over again? \n\nAnyway, good luck. It seems like a pit you can never climb out of but it will get easier. Promise!
654463
Since you have a computer go to your banks online service bring up the payments. Call the Loan Company while online discuss it with the manager in charge. Explain to them the problem you are haveing. A Friend of mine just went through this an she claim bankruptcy just prior to this but kept the car and payment. But what had happened is the payments go to a lock box and sit there and when they finally put it in they credited the wrong account. They were showing her two months behind an her payment were there on the first of every month. Plus get there building address not a po box and send the payments to that addrress.
301984
Dear Friend,\n\nIt's time to consider filing for bankruptcy.  Your ex is broke, and there's no way the state can be held liable.  Sorry, that's the bottom line.\n\nYour Friend,\nFrancesois
423958
Why didn't the attorneys give you the contact information for the original creditor.  You need to find this company and ask them whats going on.  Some companies do things like this, then go a few months without payment so that they can garnish you cause they figure they can get more money that way.  In my county the courthouse can take payments for judgments.  Did you ask them if they would.  Whatever you do, keep records of your attempts to contact them.  It sounds like this could come back on you. \nActually there should be something the courthouse can do for you also.  Seems to me like there should be some kind of papers to fill out to find the creditor.  Contact everyone, the courthouse the attorney find that creditor.   \nSTUDLY is usually good with things like this, but I'm not sure how to find someone on Yahoo answers unless you see they've answered a question and click there avatar.\nGood Luck.
465271
Stocko's generally right regarding what happens if you don't pay.  Having an unpaid civil judgment will haunt you everywhere you go, from credit to job applications.  You may be forced into involuntary bankruptcy.  DO NOT let a default happen.  Get an attorney, or at least proceed "pro se" (without an attorney) and answer any lawsuit.  Because the insurance company knows you're not represented and didn't have insurance, they're going to go at you hard.  Merely getting a lawyer (if you can afford $1-2,000) should help this settle quickly.\nHow do you know he's an immigrant? And how do you know he's illegal? If he didn't speak a lick of English, how did you know what he was saying re: insurance?  You know that committing felonies is often grounds for deportation, which may be why the person was concerned.  And he likely had insurance all the time--because insurance companies wouldn't indemnify and defend him if he just got coverage.