Summons? Judgment?
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Okay, let me rephrase that. I know that it means that if I don't respond and give them the $2500, they're going to file a judgment against me.
That much I know. However, I don't know what the hell a judgment is.
Bankruptcy keeps getting less and less avoidable.
Fantastic.
That much I know. However, I don't know what the hell a judgment is.
Bankruptcy keeps getting less and less avoidable.
Fantastic.
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Who do you owe money to that is in default or shall I say that you have in collections? They are wanting their money so they are asking for payment, call them and work something out, it's the best option.
Yes, that would be great in all, but in order to secure a payment plan with them, you have to give them a check by phone of like $400. I've tried. My bank account is -$93. I have $10 in my wallet which I have to use for gas to get to the doctors tomorrow before I lose my entire toe. That's it. I dont have the $ to pay them.
And it's Chase bank.
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491 Posts
A summons is likely a request for you to appear in court regarding an amount of money that you owe to a company. If they get a court order against you for that amount, that means that they can take the money from your checking account, assets, and can garnish your wages. I would recommend searching "legal services" in your area and seeing if you can get some free legal advice in this situation. Laws are different state to state regarding what money they can take and how much.
Good luck, I'm sorry that you're going through this.
Good luck, I'm sorry that you're going through this.
Thanks. I did some reading, and apparently I'm "Judgment proof" at the moment. A judgment can be filed, but they cant take any money from me because I simply don't have any. I don't have a paycheck, and my bank account is negative. However, it will stay in effect and can be renewed. If when it's renewed, I have a job and/or a bank account, then they can take action.
Thanks ladies for answering me
I've decided that even though my life is about as crappy as can be, it could always be worse. Theres many people out there that have it far worse than I do, and they're okay.
Things will be okay. Why? Because they have to be
What's that saying? God would never give me a mountain I cant climb. Something to that effect anyway.
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2,117 Posts
As I was told They have to hand you the summons in person and can not just leave it in your door. Check the local law about this.
O.K., I've got to say this. A SUMMONS does not have to be served in person, BECAUSE it's just a request to appear in court. You don't have to go. on the other hand a SUBPOENA is a legal demand to appear in court, and has to be served in person.
A judgment stays on your record for ten years, and within that ten years, they can come at any time to collect. I know because I had a judgment against someone I loaned money to once. I never got it, because she put everything she owned in someone else's name, and claimed her furniture belonged to her mother and she was just borrowing it. In my state, they couldn't garnish wages for a judgment. In most state, they can't. Only for things like child support or government liens and judgments.
Go to the hearing. Tell the judge the story, show proof that you have no spare money to pay this bill. Then tell him that you fully intend to pay the bill, but can't at this time. Ask if you can have the debt extended for a year, and at that time if you can renegotiate the payments.
In the future, go to a free credit counseling service. It will help you make arrangements on your bills without having them turned in to collections.
I got one of these about a year ago. I called them and tried to work something out. They where nasty as hell. So I on my own started sending them $100 a month/or more if I had it. They backed off. So as long as I send my payment, they are happy.
Judgements can lead to frozen bank accounts in some cases. Not good.
Judgements can lead to frozen bank accounts in some cases. Not good.
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Thanks Jaded. I was just told that so thought she should check.
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'''Just wanted to add to this. Fri. I had to go to court on some debt, supposably mine, I have no records of it nor does dh, it is not listed as something of mine in my credit, so, the judge, att, mediators where baffled by it(including the fact it was I guess a CC used until 2004 but no payment for over 6 months and they allowed it to continue being charged) so, on to looking more into it and trial(I guess it is called that). The point of this, I sat for a good 3 hours on similar issues, CC, babcocks etc, hospital bills. Most did not dispute it as it is theirs and they new it, mine, not so sure. They would allow even $25 on monthly payments to repay and these where some bills up to $5000. Most ranged from $40-50. The ones who did NOT show where granted judgements(is only paper anyway). I would not rush to file yet as it is not that much(unless you have thousands and thousands owed but even then, may not be the best bet). So, if they are not willing to work with you, get it in writing, that way "IF" they so choose to take it to court then you have your back up they would not go for. I don't believe(in FL anyway) they can add fees in small claims such as atts. fees, additional charges. I heard them going over all this with each case.
So, don't rush to panic and try to work with them, they can't take what you don't have anyway. The Clerk or courts here I believe they where MAYBE adding $20 for the fees, I think that was it and not in all of them.
DH and I checked into the counseling bit years ago, he had debt and I had debt from our 1st marriages so, we had allot of debt. We went and they where willing to work with us however; we had to turn over dh's pay to them, they paid the bills and we would get a portion of it but we where required to give his pay straight to them. That bothered us too much, slowly we worked at it on our own and have gotten most of it gone. I have medical bills already in my credit, covered but they did not submit it. Well, guess what with a financial loss in dh's income over $50,000 in the last 21 months and what I would have been able to make(not likely possible now), we have nothing. It goes into court, ok, I am getting good practice and all they could get is a judgement, that is only paper. Now, if you where to come into a settlement, then they may have a leg to stand on but otherwise, not really. I would NOT let this go though, you need to act on it now. They will try to pressure you into paying now or else but or else, means nothing really.
Good luck with this and do not just let it go"""""
I copied this from a post(this is actually me "talking") from last year(OT, boy, I must have been taking a pain med to be kind of "off", please tell me, I do not do that, ha!ha!).
Anyway, read over it if, you so chose. The hearings I was "priviliged" to hear/see, where credit cards and hospital bills. Many where from capital one and one other "big" card name(forgot now). The people would come in and say well, this or this happened and I just have no money or am out of work. The judge, had to say to those, especially with CC's well, you used it, you bought with you, you benefited from it in some form. She would not just throw the claim(on the CC company) out by the "stories", it is about what you owe. SHe would however; set them up for payment. She may have started out say $100 a month and if that would not work then, lowered all the way down to $20. There where some that came in there seeming to be on their last year(s) but they where still required to make a deal or just get the judment and more costs, that probably would be a harder deal. I know in FL(not sure about other states) a judgement is 5 years BUT they CAN file again and get a judgement again, maybe adding more to it??????
I would look into to this though!
Good luck!!!
So, don't rush to panic and try to work with them, they can't take what you don't have anyway. The Clerk or courts here I believe they where MAYBE adding $20 for the fees, I think that was it and not in all of them.
DH and I checked into the counseling bit years ago, he had debt and I had debt from our 1st marriages so, we had allot of debt. We went and they where willing to work with us however; we had to turn over dh's pay to them, they paid the bills and we would get a portion of it but we where required to give his pay straight to them. That bothered us too much, slowly we worked at it on our own and have gotten most of it gone. I have medical bills already in my credit, covered but they did not submit it. Well, guess what with a financial loss in dh's income over $50,000 in the last 21 months and what I would have been able to make(not likely possible now), we have nothing. It goes into court, ok, I am getting good practice and all they could get is a judgement, that is only paper. Now, if you where to come into a settlement, then they may have a leg to stand on but otherwise, not really. I would NOT let this go though, you need to act on it now. They will try to pressure you into paying now or else but or else, means nothing really.
Good luck with this and do not just let it go"""""
I copied this from a post(this is actually me "talking") from last year(OT, boy, I must have been taking a pain med to be kind of "off", please tell me, I do not do that, ha!ha!).
Anyway, read over it if, you so chose. The hearings I was "priviliged" to hear/see, where credit cards and hospital bills. Many where from capital one and one other "big" card name(forgot now). The people would come in and say well, this or this happened and I just have no money or am out of work. The judge, had to say to those, especially with CC's well, you used it, you bought with you, you benefited from it in some form. She would not just throw the claim(on the CC company) out by the "stories", it is about what you owe. SHe would however; set them up for payment. She may have started out say $100 a month and if that would not work then, lowered all the way down to $20. There where some that came in there seeming to be on their last year(s) but they where still required to make a deal or just get the judment and more costs, that probably would be a harder deal. I know in FL(not sure about other states) a judgement is 5 years BUT they CAN file again and get a judgement again, maybe adding more to it??????
I would look into to this though!
Good luck!!!
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3,373 Posts
I am sorry this happened to you, I know you had said before that you were negative with the bank because of just a few cents, then they wouldn't correct that, now it looks like they added more late charges. I would call the bank and try to set up a payment with them, until you are in the clear again. I used to work in a credit union (like a bank) we were always willing to work with a person to take care of what they owed us. At the end of the day, they really just want their money back. Although, in your situation I think they should have worked with you when the fee was less because you tried to fix this once already. I wish you luck, and hang in there This will eventually pass.
This will eventually pass.1 - 12 of 12 Posts
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