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civil default judgement

Posted on: 22nd Sep, 2010 11:08 pm
A default judgement was entered against me I loss. Because the judge denie my judgement to set aside. I was not able to present my evidence that I did not sign a contract with the planiff. Because I did not have a lawyer and did not file the papers correctly. I told her that I had a lawyer that would represent me and she said I was late in filling. I recieve SSDI. Am I judgement proof. The lawyer I spoke with said that the way his lawyer stated in his suit is that I commit fraud and that I can file BK.
Hi Dwalker,

The creditor will not be able to garnish your social security income check. However, if you deposit the money in your savings account or your checking account, then the creditor will be able to garnish that account.

Take care.
Posted on: 23rd Sep, 2010 03:09 am
How is my wages judgement proof now that the mimum wages are $7.40hr? Plus Can this judgement be over turned if I was not allowed to provide my evidence? Can I still file Chapter 7?
Posted on: 23rd Sep, 2010 10:57 am
Hi Darlene,

You'll be able to file Chapter 7 if you qualify the Means Test. You should contact your lawyer and check out if he or she can help you in appealing against the judgment so that you get a fair chance to provide your evidence.

Thanks
Posted on: 23rd Sep, 2010 09:48 pm
what step must be taken before they can go into an account. Do they have to notify me before doing so.
Posted on: 24th Sep, 2010 11:27 am
Hi Darlene!

Welcome to forums!

The creditor will have to file a lawsuit against you and get a judgment in order to garnish your wages. As far as I know, he will have to inform you about the same.

Feel free to ask if you've further queries.

Sussane
Posted on: 24th Sep, 2010 09:47 pm
I have read some old messages that if you work and make minimum wages that make you judgement proof, as long as it's $187.00 and least a week. is this true?
Posted on: 29th Sep, 2010 03:45 pm
Welcome Darlene,

It is true that if your income is less than a stipulated sum of money, the lender will not be able to garnish it. This stipulated amount may vary from one state to another.
Posted on: 29th Sep, 2010 09:47 pm
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