4 Year old Financial judgement against me ?
After my divorce 5 years ago my exhusband filed for a wage garnishment against me. The debt was from a credit card in his name that we used to consolidate debt from multiple credit cards most in my name that we used to purchase things for our home. He authorized the consolidation and even was the one who suggested it.
I was very young at the time and after the divorce very ugly I had NOTHING I filed for bankruptcy about 6 months before the garnishment/judgement.
The wage garnishment went through however I changed jobs and it never resumed. I am now unemployed and it has been almost 4 years since the garnishment/judgement has had any activity.
Is there anything that I can do to either remove this or stop it? I was young and stupid at the time and couldnt afford the lawyer I would have needed to fight this….
I now am a single mom of 3 children just lost my job and I cant afford for this to pop up again…
HELP
You need to consult an attorney on this one.
Go back to the court that ordered it and see if you have an appeal right.
Ask a lawyer for advice.
if they have a judgment there is only two ways to prevent thiem from continuing to collect on it file chapter 13 again and include it in the bankruptcy. I suggest however calling them and trying to make a settlement amount usually companie swill do this for the principal judgment amount minus the interest to settle the debt or they should let you make monthly payments toward getting it paid off.
It appears that the debt is barred from collection by the automatic stay of the bankruptcy. Discuss with your bankruptcy counsel. The filing of a suggestion of bankruptcy with the office of the prothonotary should have stopped any enforcement of this judgment.
If it is not barred you can cram down the judgment in a Chapter 13 plan. A major benefit of Chapter 13 bankruptcy is that it allows you to lower the amount that you owe on most secured debts called a cram down. You could end up paying pennies on the dollar over a period of 5 years. Again this is something you should not attempt to do pro se but should do with the help of competent bankruptcy counsel.
A judgment is a judgment. Just because you avoided it for four years doesnt make it go away. There are a lot of factors involved in this and it could be complicated depending on the value of the judgment. the only way to stop it now would be to hire an attorney.
the only thing you can do is go get a lawyer and go back to court good luck.
you need an attorney.
You really need to speak to an attorney. Given your current job loss and having three kids you should research local firms who offer free legal assistance.
Unfortunately there is a judgment against you and you are required to pay it back. In some states judicial interest maybe sought and may be used in your case. If this applies to you then the amount you owe maybe building interest against you and so you would want to find out now rather than later. As for changing jobs or losing a job it is likely that the responsibility fell on you to inform the court of your new job so you may not be able to use that as a defense. Hopefully you kept the judgment order. In it should state any rules you may have to abide by.
Lastly seeking the advice of an attorney is also important if you wish to challenge the judgment. While appeals are difficult to get an attorney maybe able to help you lower the payments owed given your situation. This works in child support cases when the exspouse is paying to much and makes living difficult and so maybe a point to raise in your case.
I know that in this answer there are a lot of maybes so speaking to an attorney is important. If there are not free law firms in your area an attorney maybe able to get the fees waived from court cost by deeming you as an indigent defendant.
Hope this helps.
You need to go back and see the attorney that did your bankruptcy and talk to him. If there was nothing in your divorce decree about this being a joint bill and the account is only in his name and this debt occured prior to you filing bankruptcy even through he took the garnishment after bankruptcy you might be able to get him in the bankruptcy court. So you really need to go and talk to a bankruptcy attorney about this…..
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