My HOA’s Attorney raked up excessive unjustified fees on me for their own personal gain. I was late paying my HOA fees initially and willing paid the stated late fees along with my HOA dues. However, the Attorney collecting these fees does not accept credit card payments over the phone or online, etc. Therefore, I mailed the amount owed. To my surprise, I later received another letter indicating I owed another 0 for late fees. I ignored this notice b/c I thought that they probably didn’t input my payment in their system prior to the letter going out. So I received another letter stating I owed the 0 plus additional fees, and so on. Basically, each time I paid the stated late fees via mail, the Attorney claimed my payment didn’t arrive on time to their Office, and therefore I owed additional late fees.

In addition, all of my payments were applied towards Attorney late fees rather than my HOA dues. My dues were only 0 per year, but within that year I paid over 0 in additional fees that were never applied towards the full amount owed to my HOA. The Attorney continued to take their money off the top and say that I still owed a balance towards my HOA dues. As a result, I stopped paying b/c I felt I was being ripped off and the fees continued to increase. They ended up suing me for the amount they claimed I owed along with more Attorney fees and court cost.

Since I mistakenly missed the initial court date, when I showed up for the second court date where they filed a judgment against me, they won simply b/c I missed the initial court date. Now they are garnishing my bank account for the amount owed from the judgment.

Currently, I’m unemployed and my home is in foreclosure. I recently filed chapter 7 bankruptcy to stop the sale of my home so I can have time to secure a job and work out a modification on my home loan and get it out of foreclosure. I have not had the meeting of creditor’s as of yet. Can I discharge the past due HOA fees from the judgment/garnishment? I am willing to pay the past due HOA fees I accumulated after the garnishment since I intend on keeping my property. Also, I live in Georgia. Thanks for your answers.

Technorati Tags: attorney fees, chapter 7 bankruptcy, credit card payments, creditor, foreclosure, hoa dues, home loan, job, judgment against, late fees, mail, money, personal gain, surprise

I’m in the process of filing a chapter 7 and my attorney’s office is still working out the details. It’s a real fresh start; my son and I moved in with my family, we’re letting the house go as part of the CH7, etc.
Unfortunately, the attorney has yet to actually file the CH7 on my behalf. I work 8-5, Monday-Friday, and I just started this (well-paying) job so I have no business asking for time off.
The mess comes from Citifinancial, who has involved their attorneys in collection of an old debt. You know, the kind where when you tell them you’re having trouble paying, they "help" you by telling you that you have to refinance the debt, borrowing more, and won’t work with you otherwise. The debt is 6 months from clearing statute of limitations on collections, so they filed suit.

On the 8th, I have a court date right in the middle of my work schedule. The attorney’s office said they couldn’t file my CH7 until a week after, but said "we always advise our clients that it’s better to stay at work and make money, than to lose more by going to court when you’re going to have a judgment against you either way. " They then said it would take 45-60 days for me to see any ill effects from the garnishment, and by then, I’d be within the automatic stay period anyway. I was advised to simply wait for them to contact me next Monday to obtain anything missing from what I gave them as far as information is concerned.

This makes sense to me, but I feel a disturbance in the force. Can they instigate a garnishment at the very same time they obtain the judgment? I’m in TN and can’t find anything to satisfactorily answer this, though it seems "implied" that they must first attempt to collect from me under the judgment before they can attempt to garnish, whether I show up or not. I know I should empty any bank accounts (indeed, perhaps close them) before the judgment goes into place, but do I need to go to the civil court date anyway, if the next week my automatic stay would begin?

I’m very confused as to what I should be doing.
To clarify: I contacted the attorney and reached the paralegals, but have been unable to reach the attorney. The paralegals are the ones who guided me on these most recent steps.
I just noticed on my summons, there was no notation as to the proper window in which I must "Answer". This is supposed to be there, and I was served exactly 30 days before the court date. Can I submit an "Answer" citing that due to the lack of definition by the Plaintiff on the summons (which was authored by the plaintiff and signed off on by the court), that in addition to being unable to attend on that date and needing to reschedule, that the Plaintiff intentionally evaded my rights to respond in order to attempt forcing a default judgment?

Technorati Tags: attorneys, autom, ch7, chapter 7, citifinancial, civil court, collections, fresh start, garnishment, going to court, ill effects, job, judgment against, money, statute of limitations, time off

The creditor filed judgment against me on my credit for medical bill, that was from my ex -wife. I was being nice and stupid, she was still under my insurance coverage even we were separated, I had no idea where was she, all of sudden there was medical bill on my credit. I filed divorce on the news paper because I couldn’t find her. I am still not able to pay this money, I am thinking about filing bankruptcy… How can I do it?

Technorati Tags: creditor, divorce, filing bankruptcy, insurance, insurance coverage, judgment against, medical bill, money, news paper

I’m currently in a labor dispute civil lawsuit and there will probably be a judgment against our side since we don’t have the money to continue to defend ourselves for another year against their attornies on our own, despite having done nothing wrong, and we can’t afford an attorney.

5 related QUESTIONS if you would please take the time to number your answers the same (thanks):

1. Current civil case for injuries/money owed. What happens to the case if I file Bankruptcy during the case? For example, does it "end" the case, does the case get "suspended" while/until the b/k is processed? Or does the case just continue simultaneously with the b/k processing?

2. Do I "have" to wait til the END of the civil case until after the official judgment (the actual amount has not yet been stated)…or can I file the b/k and STILL INCLUDE the case on our list of creditors even though there’s no official number yet (something like "amount pending")?

3. Ideally, I’d like the b/k filing to STOP the case itself so that I don’t have to continue wasting our time fighting it when I don’t have the resources. We’ve heard:

"If they haven’t gotten judgment against you, then your bankruptcy filing can and will stop the case.” Is this true or is this possible? For example what happens to discovery and subpoenas? Do they just continue?

3. Also, if I file b/k, will the opposing counsel still continue the case?

4. Is there any ADVANTAGE to filing b/k before the amount is entered in the judgment?

5. Is there some law that allows us to tell the judge "we do not have the money to continue to defend ourselves"…without the opposing party just being awarded whatever amount they state by default?

Please number your answers. No smart allics or "just get an attorney dumbey" answers. We can’t afford an attorney.

Technorati Tags: attornies, bankruptcy filing, civil case, civil lawsuit, creditors, discovery, judgment against, labor dispute, money, subpoenas, wasting our time

In 2001 I started a job. On the day my insurance kicked in I had to have emergency gall bladder surgery. I gave the hospital all the information I had, when I got the bill (upward of ten thousand dollars) I contacted them yet again and gave them the information. This went on for years. I have disputed these charges over and over and yet I can’t get any relief. That is the largest debt I have. I also have a judgment against me for 00 – the woman who has this judgment against me is not really open to working with me to say the least. Should I send her payments regardless and try to dispute this hospital bill -still- or should I file a Chapter 7? Any advice is appreciated.

Technorati Tags: chapter 7, gall bladder, gall bladder surgery, insurance, job, judgment against, ten thousand, thousand dollars

I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

Technorati Tags: 3b, bankruptcy chapter 7, bankruptcy filing, civil case, civil court, credit score, creditors, filing bankruptcy, job, judgement, judgment against, lawyers, money, numbering system, opposition, petition, yahoo, yahoo answers

Bankruptcy is the root of all injustice. When someone can finance 0,000 for a house, file bankruptcy, and then continue living in the house scott-free, there’s something wrong with our government.

I’m a FIRM believer than bankruptcy shouldn’t exist. I’d rather receive someone’s detached arm in the mail as compensation for unpaid bills than a government issued judgment against that person, or bankruptcy papers. Because both mean the same thing: you get nothing.

Bankruptcy is truly the most gross example of injustice in the United States and people do it multiple times in their lifetime. Nothing good can come from bankruptcy. What are you thoughts?
By the way, the "injustice" I’m referring to is to the people who have loaned that person money. If you are considered an "unsecured loan", it’s about a 99/100 chance you’ll get absolutely nothing. If you are a "secured loan", in which only home mortgages and car loans can be, you will get your money though it will take forever. Finally, the lawyer who performed the bankruptcy gets 100% of his fee. Where’s the justice in that?

Bob Zoo down the street who loaned John Doe 00 to get a new car, and even had John sign a promissary note now gets absolutely nothing due to the bankruptcy, and is out 00, AND John Doe gets to keep his car.

WHERE IS THE JUSTICE?
slimick, there were no incorrect assumptions. I don’t know what state, country or planet you live on, but here in Arkansas that’s the way it works. I’ve done my homework. I know who gets paid, who doesn’t, and why. Unfortunately your response had nothing to do with anything I was talking about. You just wanted to hear yourself talk about medical issues. Great job there in the relevance category. Not.
And you’re right. I don’t care about Enron. I care about the little guy. The little guy who owes people money and files bankruptcy. Money or an arm. It’s that simple. Or I’m gonna take it out of their ass.
At crazyjes… yawn. Too much to read, too ridiculous. Who cares about what companies do, I’m talking about people vs. people. Never seen Goodfellas. Not a collection agency agent. Just a regular ole Joe Blow who’s been screwed too many times by people, whilest people like you sit there and defend the unjust bankruptcy system that lets them get away with it. I certainly hope someone screws you out of money so you can be on the receiving end of bankrupty. It’s such a nice feeling.

Oh, and as for your hypothetical woman with so many kids who had to file bankrupty, well she should have thought about that before she married the first guy she met in high school, and then quit school to have four kids. Yeah. She did it to herself out of stupidity. I want her money too if she owes it to me. It’s like that. Justice for Justice. Money for Money. None of this, "I charge up stuff and not pay it." Totally unjust. The laws should be changed. People should be shot for this.

Technorati Tags: bankruptcy papers, car loans, firm believer, home mortgages, homework, incorrect assumptions, injustice, john doe, judgment against, mail, medical issues, multiple times, new car, person money, promissary note, relevance, secured loan, unpaid bills, unsecured loan, yawn

If I have a judgment against me that i just found out about can I file bankruptcy ? My friend was served and appeared for her court case but the credit card company asked for a continuance and never said when the next court date was. When she called up with the court she was told that she would receive something from the court (or credit card company) when the next date will be. The next thing she knows she has a default judgment against her and the company is threading to garnish her wages?

Can she have the judgment Vacated after more than 3 years? Should she just set up a payment plan with the court and not the creditor? Should she file bankruptcy?

The credit card company wants the entire amount of 8500 and will not let her make payments without putting half down.

What should she do.

Technorati Tags: 3 years, bankruptcy, continuance, court case, credit card company, creditor, default judgment, judgment against, wages

If a person had a summary judgment against them for a credit card debt, could it be wiped out through a chapter 7 bankruptcy, or would he still somehow be required to pay it, even if he had no job, no money in his bank account, and no major assets (car, house, etc)?

Technorati Tags: assets, chapter 7 bankruptcy, credit card debt, job, judgment against, money, summary judgment