     Mieko (Mieko) | Wednesday, July 12, 2000 - 07:06 am 
Hi all, I have a question. I am in the process of filing chapter 7. I got a letter from an attorney today concerning my citibank card that has been sent to collections. I called the attorney to inform him of my intentions to file and to give him my attorneys phone number when he became very rude and irate with me. He then began asking me all of these questions I didn't have answers for. I told him that he would have to speak to my attorney and he then got even more irate and told me that they have entered a judgment against me and that they will garnish my earnings.
He then wanted to know my employers name and phone number. I told him that I was not going to continue arguing with him nor was I going to give him my work phone number, and he could discuss this further with my attorney. And he said fine, if you want to do it the hard way.
"CAN THEY DO THAT???????" I got no notification to appear in court due to a judgement being set against me? Can they do that without me even being there?
I called my attorney and told him what happened and he brushed it off like I shouldn't be concerned as if it was normal procedure. But aren't I filing for bankruptcy protection because of situations like that?
What should I do? |
| Senator (Senator) | Wednesday, July 12, 2000 - 07:43 am
you are your own best advocate. the lawyer will draft the paperwork but you must learn that you need to be proactive on credit. do not assume that your attorney will clear the matter. If a judgment exists, get the docket number from the jerk and get it discharged in ch7. then follow up and make sure that the proper papers are filed so that it doesn't continue to appear as open like mine currently does. it's enough to drive you to drink. |
| Mitch (Voigtkampff) | Wednesday, July 12, 2000 - 08:45 am
Sounds like a bluff. With typical human nature, there is no reason to get angry if you know that you are about to win. If the attorney knows bankruptcy, then he knows that any garnishment that he initiates will be killed immediately.
Technically, a creditor should not have obtained a judgment without your knowledge, but it is possible that the wrong person was served with legal process (summons) in the lawsuit. |
| Mitch (Voigtkampff) | Wednesday, July 12, 2000 - 09:25 am
I see that you posted elsewhere that you have a car worth $7,000 that you owe $1,500 on. You asked if there was risk to the car in bankruptcy.
The last time that I checked, 11 USC §522(d)(2) allows you to keep a car if you have $2,575 or less equity in it. But that only protects it from the bnk trustee. This is what you call "exempting" the property. And §522(d)(2) may not apply to you. Some states opt out of the federal exemptions. For example, here in Florida one can only exempt $1,000 in motor vehicle equity.
And exempting it does not protect it from be repossessed. When can it be repossessed? When you default under the loan terms. And even if you default, the bankruptcy stay (which is not imposed until you actually file) prevents it from being repossessed. The creditor must seek permission of the bankruptcy court to get relief from the stay. There is much much more to this. |
| Senator (Senator) | Thursday, July 13, 2000 - 11:26 am
I talked with my attorney who filed my ch7 and isn't all that familiar with clarifying credit reports. I don't know the answer either. My pre ch 7 judgement that resulted in garnishment is reflected on the cra but the disposition is listed as unknown. I asked my lawyer shouldn't there be paperwork to vacate or release the judgement and state that it was included and discharged with the ch7? I know each state is dif, but you would think there should be some clarification to this judgement that appears to be open. Thanks |
| Christine Baker (Admin) | Thursday, July 13, 2000 - 01:20 pm
Definitely have that changed. It'll cause you problems with the mortgage if there's an unpaid judgment on your credit. |
| Shylock (Shylock) | Thursday, July 13, 2000 - 03:59 pm
You could simply start by contacting the credit reporting agencies and tell them the judgement was included in bankruptcy to see what they say. |
| Anonymous1 (Anonymous1) | Tuesday, July 18, 2000 - 07:58 am
Sounds like the typical creditor bluff. Ignore it and have your attorney deal with them. In all likelihood, the attorney knows this and will let it go. |
