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If a judgment has been filed against me, can a creditor take

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chelsea.allbee



Joined: 30 Nov 2009
chelseaallbee's page
Posts: 1



52 Magic Points

Subject: If a judgment has been filed against me, can a creditor take
 
Posted on Mon Nov 30, 2009 9:43 pm  

The judgment has been in effect two years. They were going to start garnishing my wages December of last year, but ironically I had to quit my job a week before it was going to go into effect. When I filed my taxes, nothing was taken out. My wages have been garnished for the past two months, and I am claiming my daughter this year so will have about a 4 grand tax return. I am planning on using $1500 to hire a lawyer and file for bankruptcy, but I am worried that the judgment will give the collection agency the ability to take my whole tax return. They have about 5 grand in medical bills that they've been garnishing from me. If I were to file for bankruptcy within the next two weeks, would that change anything? The judgment was obtained illegally, and the lawyer I spoke with said he can put in a motion to dismiss so I don't have to pay for it while I'm waiting for the bankruptcy to take effect.
debranewell2008



Joined: 10 Oct 2009
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Posts: 591



108 Magic Points

 
Posted on Mon Nov 30, 2009 11:15 pm  

If you are filing chapter 7 I am pretty sure the only thing you can not included is back taxes and student loans. So if you file on them then they are not allowed to collect anything else from you.
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Tue Dec 01, 2009 6:20 am  

Hi Chelsea,

Normally tax returns can be garnished since the creditor can seize any of your assets if you fail to pay the debt. With the help of judgment against you, the creditor can garnish the tax returns. Filing for bankruptcy could be a way out but I am not sure how much the motion to dismiss would work since the creditor had already started garnishing the amount. If the judgment was illegally done, then you should have filed a case two years back.

Anyways filing for either chapter 7 bankruptcy or chapter 13 bankruptcy will stop any activities for debt collection on the creditor's or the collection agency's part.
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Justin
LR
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Subject: Judgement
 
Posted on Wed Aug 18, 2010 4:05 am  

5 years ago I was evicted from my house (lost Job) a judgement was put against me. If I pay this judgement off will they take it off my credit report....dismissing it.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: judgment
 
Posted on Wed Aug 18, 2010 7:10 am  

Hi LR,

Judgments cannot be removed like that. Judgments generally stay on the credit report for 7 years (the time limit for which it can be reported varies according to state laws on judgment), and can only be updated as "Satisfied Judgment" once paid.

Thanks,

Aaron
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ensurepune

ensurepune

Joined: 17 Feb 2009
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Posts: 99



501 Magic Points

 
Posted on Wed Aug 18, 2010 7:23 am  

Quote:
The judgment was obtained illegally


If that is the case then haven't you appealed to higher court? If you could prove that the judgment is based on the bias then your judgment will be cancelled and it will also show in your credit report .

Ensure..............
maya
Guest






Subject: can a judgement take my tax return?
 
Posted on Wed Jan 11, 2012 5:28 pm  

I live arizona and creditor took me to court and they won. Know i have judgement on me. They also went back to court to start garnishing my wages. I just wondering can they still take my tax return.

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