Article Score0

I have 3 children with my ex, it was a very violent relationship. I was pregnant with our last child, and while sitting in my car, he tried to beat me, I panic and hit the car with my car. He was taken to the repair shop’s most expensive car, the 20,000 euros. The insurance holding company my responsibility. They have a lien on my vehicle, I lost money to a lawyer, because everything he did was to payment schedules, put something that I myself would have done. Anywho .. I pay, sometimes not for the full amount, but I do what my income … Add interest, they try to garnish my check …. In a full-time student with 1 year ex, I do not want to play with my fear of bankruptcy education / student loan application .. What should I do? I dearly appreciate the advice … Thank you

2 Thoughts on 25000 Judgment … What should I do.?
  1. Reply
    mister ed
    January 11, 2013 at 6:50 pm

    you said they try to garish your check — well if they did the court could have give them 25% of your wages — best bet is just keep up what you are doing for the time being — hopefully you can hold them off for a year then get a full time job and be able to get this problem behind your!!!

  2. Reply
    Sgt Big Red
    January 11, 2013 at 7:24 pm

    Did they recieve a “writ of garnishment” to garnish your wages? or are they just making the threat?

    If they are making the threat of garnishment, then inform them that you intend to file a motion for “execution proof” with the court if they do intend on taking it to court.

    You may be considered “Judgment Proof” during periods of unemployment or while drawing disability pay or disability retired pay. Also, if you have no assets such as home, car, land, and other big-ticket items. In other words, you have no money and can prove it!

    Judgment-proof is the commonly used term but a more accurate term would be “execution-proof”! Although creditors and debt collectors win lawsuits, they still have to collect thus, if you are penniless you are insulated not from judgment but from execution (collection of the debt – at least temporarily). If you lose your “judgment proof” status due to new employment, the creditor or collector can seek a judgment and ask for a garnishment of wages up to 25% of your disposable income (in some states it’s less). Once you’re employed again, it’s better to negotiate a reduced payoff rather than risk a court-ordered judgment. The difference is your credit report will show “debt settled” instead of the more negative “judgment”!

    At present four U.S. states —North Carolina, South Carolina, Texas and Pennsylvania do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver).

    As long as you are making payments and even though you sometimes can not pay the full amount, you are at least attempting to make them.

    As to bankruptcy, it would not realy affect your student loans as they can not be discharged in bankruptcy. Bankruptcy will generally not impact one’s eligibility for federal loans, provided that no current student loans are in default or otherwise unpaid but it would at least get that large $ 20,000 debt off your back.

    Hope this answer is of help to you
    LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice

    Leave a reply

    Register New Account
    Reset Password