When I owned a business in NY a large judgment was served against me forcing me to file bankruptcy both with the business and personally. The judgment was included in the bankruptcy, assets were distributed and the bankruptcy was closed along with the business. I still show this judgment on my home and credit report 7 years later making it impossible to refinance or sell. Is it too late to get this taken off?
I am now a stay home mom due to having two children with a rare disease and due to daycare costs. I would be working just to pay daycare, so my husband is the only income we have now. We have ALOT of medical bills that we were barely paying off before when we had 2 incomes. We also have some credit cards that need to be paid. We also pay on a repossession and we have a judgment for a credit card that we used to have. In plain words we have alot of debt and we don’t really have to means to even pay it off. i have 2 school loans that I have put off repaying. It really seems like bankruptcy is our only option and I have accepted this but I wanted to know if anyone has any other ideas?
I bought my home in 2006 and put down $ 100k, yes its 20% down for a $ 500k house. I have put in another $ 50k in upgrades and remodel. Fast forward to 2009, laid off, no income I resort to using my credit card to pay my mortgage while my house was being listed by my realtor. 6 months went by, then a year, the house remained unsold. I’m up to my limit in credit card debt, thinking to sell the house for $ 350k, which will give me approx. $ 50k to pay my credit cards. Year and a half later, house is in foreclosure; credit card at max limit. No job, no car (sold it to pay credit card debt), ..and now living like a deadbeat.
Credit card companies still call and say "hello". Same story told to them over and over, no income, no job, no money etc. They "understand". Then they sell the debt to collection agency, same thing again. I told them my story..and they don’t care. "When are you gona pay?" I say with what? I can sell my t-shirt and underwear, but that might be worth 25 cents. What good will it do? So now, they are suing me in court. Went there and told the same story…judgment for the plaintiff. Okay, now they want to garnish my wage…but I don’t got no job. They want to freeze my bank acct…I have none. They want to..probably kick my ass..that they can definitely do..but that would hurt them, because if I get hurt and sue, they probably owe me money.
So here is my dilema, should I file Bankruptcy ..as there are other creditor waiting in line to sue me. Or should I go to court and and plea guilty but have no way to pay?
Yeah, I know..I’m a deadbeat, but I don’t blame my misfortune on no one except myself. Lost my life savings and people are laughing at me. What a cruel world this is. To file BK or not to file BK? If I do, I will have a fresh start says a friend. If I don’t, my friend says that the creditors will put my balance on my credit report, and renew it every 7 years…meaning that I can call the credit reporting agency to remove it, but they have a right and probably will repost my balance…as nothing had been collected. Is this true? I thought a negative item must be removed after 7 years, but it could be put back in and stay for another 7 years?? Please help. Thanks in advance.
I’m filing chapter 7 bankruptcy and the BK attorney tells me that my questionnaire looks good, and I pass the means test so things should go fairly smooth. A collection firm is presently suing me for credit card debt and I expect they will have a judgment soon. I’ve been told that my bankruptcy will "take care" of the judgment. But what exactly does "take care of" mean in this case? Does the bankruptcy simply relieve a need to pay on the judgment? Or does it also erase the existence of the judgment from my credit record? If not then can I take some follow up action to erase it myself?
I have given the guy my credit report and other paperwork to get the bankruptcy filing started. I gave him a deposit and will give him the rest when my student loan is deposited this week. He responded to my emails just fine until I sent him two regarding a judgment that had just been entered against me last week. He hasn’t responded to either one. I am concerned because I hear that my bank account can be frozen and I don’t want the creditor to get to my student loan money. Why do you think the lawyer will not respond to questions regarding this?
I don’t want the student loan discharged, the loan funds get deposited in my bank account and I don’t want the creditor in the judgment to get a hold of these funds because I use them for living expenses.
Hi, I have 9 judments in NYC, 7 of them are from credit card companies, 1 of them from a car repo and one of the from a hospital bill….
Everything happened when i was younger and stupid…
Now I’m ready to get my life back on track.
I need to find out what should i do?
Get a lawyer? If so what kind of lawyer….
File for bankruptcy ?
Try and settle with all those creditors? If so, how? I mean ive heard that you have to ask them for a letter stating that if you pay the settlement they will remove the judgment and remove all that info from your credit report.
The hospital bill alone is 20K, the other 8 are about 20K all together.
I cant afford to pay all of it, but i can afford settlements with them.
I would appreciate some info from someone with experience or knowledge…..
Thanks!
I am considering filing without an attorney. Situation is a wage garnishment for an 11k judgment that looks to be for credit card. (I’ve been disputing this for years trying to prove it’s fraud but clearly haven’t been successful – another story) Background: single mother, head of household, 2 kids, one student loan about 7k, one car loan, about 7500 left to pay, don’t own property, no assets; all my earnings go to rent, household and child care. I’m not behind on car or student loan payments. I just can’t afford wage garnishments and I think a bankruptcy is my only option to cease the garnishments. Since this 11k judgment is the only debt I need discharged in the bk, I think I may be able to manage this on my own instead of hiring an attorney that I can’t afford. Anyone have personal experience with this or with paying for a sevice that helps only with paperwork?
I am being sued by former tenants that I had evicted for non payment of rent. They are claiming that I breached the contract for not selling them the property back, but they were in default by non payment and couldn’t get a mortgage when I was going to settle out of court with them. They provided false mortgage pre-approvals and do not pay any of their bills and can’t qualify for a mortgage. I want to file a chapter 7 and wanted to know if this would stop them in their tracks, as my lawyer fees are piling up. I won in district court and got the maximum judgment allowed, they appealed but didn’t continue to pay rent so they were evicted. I am selling the property via a short sale and they put a lis pendens on it, so I have my lawyer working on that. I know that their lawyer is shady as he is a personal friend of theirs. They are doing this to make my life a living Hell and so that I have high attorney’s fees. Do I have to wait or can I file now?
No, there hasn’t even been a court date set and my attorney feels that we’ll win but he said that we’ll never collect from these deadbeats and I want them out of my life.
First, why do most rental properties perform credit checks, before they will accept a tenant? My credit used to be excellent. The last place I rented did a credit check. That was no problem. They sold the house & I had to move. I’m now living in a "slum" that has no heat & winter is coming. I’m looking around for a place to move & most places say "credit check". I always pay my bills on time. But I had gotten in over my head & ended up having to file bankruptcy. So my credit isn’t so great anymore. But I ALWAYS pay rent. My references can vouch for that. So when I fill out the applications for renting a place, should I "pre-warn" them about the bankruptcy & tell them to just check my references or not say anything? How many times do they actually do a credit check? I’ve got to have a home to live in. My lack of judgment shouldn’t cause me to be homeless. Any suggestions on how I should handle this?
A few years ago, about the year 2006, I had a car accident. My insurance was canceled because they didn’t get the payment on time. I hit one SUV and got hit by a diesel truck. I had my drivers license taken away because of that. I was supposed to get my license back a year later when it was suspended again. This time there was a judgment for me to pay ,000 for damages to the SUV that i hit. I didn’t get a letter saying i need to appear in court, and by the time i got the letter saying i need to pay the fine, it was too late to repeal it. I can not get my license back until i pay that fine. Will I be able to file bankruptcy to write it off and get my license reinstated or do i have to pay the ,000?
I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.
It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.
After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.
I wanted a second opinion so here I am. My questions are…
If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?
If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).
If the debt is sold again to another collection agency, does my time start over?
On my credit record, will there be an entry for the credit card company debt AND the collection agency?
I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.
Thanks for any help you can provide…
I am 23yrs old my debts are from 07 i have a car repossession, 2 credit cards, a loan, a cell phone bill, some medical bills in my credit including a judgment and all that equals out to about 10k in debt. I have dreams of someday owning a house. maybe when I’m 30? but for now i would like to obtain a credit car for everyday expenses. Should i file bankruptcy? I am obviously more conscious about the responsibility and importance of a good credit history that’s why my debts are all from 2007 but idk what steps to take. should i? is it beneficial?
I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.
It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.
After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.
I wanted a second opinion so here I am. My questions are…
If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?
If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).
If the debt is sold again to another collection agency, does my time start over?
On my credit record, will there be an entry for the credit card company debt AND the collection agency?
I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.
Thanks for any help you can provide…
The SOL is 4 years, it will run out in 2.5 years since my last payment is what I was referring to.
We live in IL, his income is already maxed out by child support payments. We own our home together and two vehicles however we are not yet married. If he continues to owe the judgment but has no disposable income to make payments will this affect my income when we get married? Can the debt be passed on to me when we are married? Should he just file bankruptcy?
I live in California and because of a divorce that went horribly wrong, I am considering Chapter 7 bankruptcy. But what is considered exempt for personal property? Are they going to come in and take all my furniture? Make me sell my car (which I own) and buy a cheaper one? How about retirement accounts (401K, IRA)? Has anyone gone through this in California?
Thanks!
To clarify, it was the debt accrued from the divorce and the resulting judgment that has created the need to file for Chapter 7. I have taken the Means Test and qualify easily.
My wife got in a car accident with a semi truck. Those roaches claimed 68K to their insurance agency. Our insurance only covers 25K. After the fact of what the 25K will pay for we’re getting sue papers for 30K. Can we file bankruptcy now or do we have to go to court first to get the judgment then file bankruptcy? YES YES YES I know how long it will be on our credit and all that but I we could care less. We don’t want to pay for a BMW and not drive one.
Also, all I own is a 1972 chevy truck (not restored, worth 2,500), no house, no savings account.
thanks for all the answers in such a short amount of time. I have an idea of what I was looking for.
No job, only -50 per week of misc income, 20k and rising law suit judgments threatening to take my single remaining possession, my home worth only 000. Nearest bankruptcy court is 100 miles south and I have no transportation.
What options are there since I cannot afford a lawyer, legal aid does not handle these cases and no lawyer in my county does pro bono work (contacted all 3 of them listed in the phone book).
To clear up a couple things. My home has no mortgage, although one company is threatening to place a lien on my home since I am unable to pay the judgment.
In terms of a job I would love to have one if someone can hire me with no transportation. Most jobs require reliable transportation which is the #1 reason I get turned down. I have been making oney from home and attempting to start a business but that requires money I do not have but I am able to get small jobs doing general labor but this usually gets me less then per week and in winter months are very difficult to acquire.
I manage to do ok now but all the law suits re from my business which failed in th worst way back in 2007. I am still trying to recover from this but the current economy works somewhat against me with no job history.
Of course the main point I need to answer is how can I file with no form of transportation to the court and no money to pay filign fees. Can I protect my assets from lien being applied?
I have about k in credit card debt. I just recently have been having trouble keeping up with payments due to job and economy. I spoke with the creditors to make arrangements to pay lower amounts and close out the accounts. Over 0 a month just in paying those back. Now am being sued by a former employer for charge offs (commission job). I cannot afford an attorney for a civil suit (don’t know what to do about that either) and two if I lose I can’t afford to pay more than I already am (more than the 0 i’m already paying). Do I wait until after the lawsuit to file BK? Or should I start the process now? Not sure how civil suits can be handled and if you can file BK on a judgment like that. Please help as I am in over my head and am scared I won’t be able to survive if majority of my paycheck goes to creditors and lawsuit judgment. Thank you!
I’ve been sued by an account that was turned over to a law office. I want to file bankruptcy but I need time to come up with the money. What I’m wondering is, when I appear in court march 9th and they obtain a judgment for me to pay x amount per month, will I be released from this obligation when I file bankruptcy or will I have to continue paying it because I entered into a new agreement? Thanks for the help.
A customer of mine is filing Bankruptcy.The lawyer is taking his sweet ol’ time filing. If I bring him to small claims court, will the Bankruptcy (if ever) supersede the small clams judgment?