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alamo9
Joined: 07 Dec 2008
alamo9's page
Posts: 1
880 Magic Points
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Subject: Judgment against me in small claim court:
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Sun Dec 07, 2008 3:20 am
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I need suggestion and help, I just received a judgment against me in small claim court for the amount of almost $2000.00. I am out of job from last few months and i have only few hundred left in my personal account. I have some shares worth now $1100.00 and i also have joint account with my brother (and he has money in his account). I also have one credit card.
1-What can i do that court wont take money out of my account and if i can pay the amount in installment?
2-Is it better for me to take my name out of the joint account with my brother?
3-After taking my name out of the joint account can court still take the money out of that account or they will ask me that why i took the name out now?
4-Court can sell my share and take the money out of it?
5- Court can take money out of my credit card?
Please suggest me whats the best option i have. Thank You. |
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Christopher Yannon, Esq
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Subject: Judment
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Sun Dec 07, 2008 4:05 am
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You may want to simply contact the individual or company that obtained the judgment against you and see if you can negotiate satisfaction. Most creditors know that the cost of collection is significant.
First, they may not know how to go about attaching your account. Second, if they hire an attorney to help with this, his cut will be at least half with no guarantee of success.
In short, you may be able to pay $0.25 on the dollar. Just make sure you file your satisfaction document it with the court. Most small claims courts have a form for this. You will need to get it signed before you can file it.
Author, FixYourCreditDVD.com |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Tue Dec 09, 2008 10:40 am
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Yes, Christopher is right, you can simply call the creditor and tell them your problem and negotiate with them for a settlement plan which you think will enable you pay off your debt. Now the question whether it is a judgment to garnish your wages or a judgment to garnish your bank account. If the judgment is to garnish your bank account, then you cannot remove your name now after the judgment has been issued, as the creditor might have deposited a copy of the judgment with your bank.
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Where there's a will, there's a way !! |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Tue Dec 09, 2008 11:13 am
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Hi alamo9
The court only issues judgment against you if you really owe the debt to the creditor. The court is not responsible to collect the debt for the creditor. It is upto the creditor to decide the means by which he would like to enforce the judgment to recover the debt. Before the court proceeding, the creditor must let the court know the type of garnishment he would like to use - either garnishment of income or garnishment of bank account, and based on that the creditor can garnish the account.
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All the Best 
Justin |
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scott
Joined: 28 Jun 2006
scott's page
Posts: 462
10934 Magic Points
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Tue Dec 09, 2008 11:26 am
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A creditor can never take money out of your credit card or sell off your shares to recover the debt. They can either garnish your wage or garnish your bank account. However, even if the creditor or the collection agency garnish your wages, they cannot garnish more than 25% of your income as per the Fair debt collection practices Act. But if the creditor bring judgment to garnish your bank account, he can take out the entire money from your bank account as soon as there is any credit in your account till the time the debt is repaid in full.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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anatoliipsi
Joined: 07 Mar 2009
anatoliipsi's page
Posts: 1
34 Magic Points
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Subject: Wished to leave a response about your forum www.creditmagic.
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Sat Mar 07, 2009 6:47 pm
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Hello, dear colleagues.
I liked your forum www.creditmagic.org and it wanted to me to leave a positive response about a forum, but has not found suitable section! let's open new section: responses and offers that visitors could leave the offers and responses on your forum.
Yours faithfully, Anatoly. |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Tue Mar 10, 2009 5:34 am
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Hi Anatoliipsi
We have a forum welcome section where you can put your feedback. You can also start a new section by clicking the link http://www.creditmagic.org/forums/posting.php?mode=newtopic&f=6 and the admin will take care of it.
Thanks for joining the forum.
Hope that you will enjoy being with us and participate in our discussions.
_________________
Keep in touch
Carol |
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abessydrurb
Joined: 16 Jun 2009
abessydrurb's page
Posts: 1
12 Magic Points
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Subject: Hi...New Here
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Tue Jun 16, 2009 5:08 am
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| Hi everyone..Im new here. |
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rachael
Joined: 11 May 2009
rachael's page
Posts: 244
6581 Magic Points
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Tue Jun 16, 2009 11:17 am
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Hi abessydrurb,
Welcome to the Forum.
You can participate in the Forum discussions and post any credit related queries. You can also share any personal experience you had in dealing with a credit related issue.
Hope you will enjoy being with us.
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Looking forward to a debt-free life. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Wed Jul 08, 2009 1:04 pm
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| Shoeforme, I believe you may have reached here in error. We do not sale any shoes or handbags but we do give lots of good free advice about the credit world. May suggest you stick around and read through some of the posts. Credit awareness is something we all need to take seriously and become more educated about since it now can effect everything from rates on loans, car insurance and jobs. |
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tatatareui
Joined: 17 Jul 2009
tatatareui's page
Posts: 1
20 Magic Points
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Subject: http://votenic.com/electioncenter/index.php?action=profile;u
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Fri Jul 17, 2009 3:09 am
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Hello!
I'm Missma
I just wanna say hi as i am first time here |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Fri Jul 17, 2009 10:01 am
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Hi Missma
Welcome to the creditmagic community. We hope to see more participation from you
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Keep in touch
Carol |
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eurogynague
Guest
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Subject: Good day I am a noob here and wanted togive a proper introd
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Wed Jul 22, 2009 5:56 pm
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Hi,
As I stated before, Just a newbie here and wanted to give everyone a proper introduction. I have been browsing this forum for some time, but due to my laziness, I never signed up. I recently found the motivation to spend a few minutes and actually become a member. This really is a great place. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Thu Jul 30, 2009 1:09 pm
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| Thanks for your kind comments. I tool came here and was just looking around the site. I seen how much I really did not know about the credit world. I decided to sign up and become a member a little over a year ago. My knowledge has increased so much and the best part is I can now help others. |
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Taumlooto
Joined: 07 Sep 2009
Taumlooto's page
Posts: 1
156 Magic Points
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Subject: My firewall got prevent me from using the net, please help a
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Fri Sep 11, 2009 9:05 am
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Good morning
I am a stupid person when it comes to PC stuff. I downloaded a virus blocker...soft ware, that was from the uni I went to. And after that and a full scan, I could no longer use opera or ICQ messenger. I uninstalled them and downloaded them again, turned off-turned on my desktop pc a few times, but nothing is working. I keep getting a message that something needs to be done with my fire wall and HTTP, HTTPS, and FTP ports.
Any advice someone?
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Number 1 zygor guide |
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