What should I do if I can't afford the judgement against me? 12 Answers as of March 30, 2012

A company representing a credit card (which I think is my ex husbands) has filed a judgement against me. I was never served any papers and live in the same town as I did when we were married but the county courthouse accepted the filing anyway. My ex and I have a house in foreclosure which has no equity with a 1st and 2nd mtg (sba loan on the 2nd). I work part time about 36 hours a week but am struggling, I have rent, a car loan, a few medical bills and now a 8K judgement which I cannot afford, what should I do next? I have thought about bankruptcy but not sure this is the best answer for me. Is the judgement legal since I was never served papers and can they garnish my wages?

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Debt Relief Law Center | Roger J. Bus
Probably the best thing to do is file a Chapter 7 immediately and have all your unsecured debts discharged.
Answer Applies to: Michigan
Replied: 3/30/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If they have a judgement, they can garnish and levy. It would up to you to try and prove you were not served. This would be expensive and difficult. You should consult with a bankruptcy lawyer about whether or not bankruptcy is the right option for you. I can't answer that question because allot more information has to gathered to make the right decision.
Answer Applies to: California
Replied: 3/30/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
If the law suit was served at the last known address, then service of process was probably proper. You might want to look at filing a chapter 7 to get a fresh start.
Answer Applies to: Virginia
Replied: 3/29/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It may not be legal but you would have to take them to court to vacate the judgment. It is likely that it will cost more in legal fees to vacate the judgment then it will for a bankruptcy. A bankruptcy may relieve you of all the debt you have.
Answer Applies to: New York
Replied: 3/29/2012
PRINCIPLE LAW GROUP | GEORGE TROVATO
You may be right and the judgment may be void. but you need to file the right paperwork top get a hearing to make the 8k judgment to go away.
Answer Applies to: Florida
Replied: 3/29/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Even if the judgment is not legal, the creditor will reserve you and end up getting a judgment against you anyways. At some point, you will have to face the debt. My advice would be to consider the bankruptcy and just get rid of the debt.
    Answer Applies to: California
    Replied: 3/28/2012
    T.K. Byrne | Timothy K. Byrne
    The judgment is correct until you set it aside by court order. You may want to discuss bankruptcy with an attorney.
    Answer Applies to: Mississippi
    Replied: 3/28/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    It is inadvisable to file bankruptcy on account of a relatively small judgment. Contact the creditor and work out a payment arrangement. If they garnish wages you can file for an exemption. Consult an attorney if this happens.
    Answer Applies to: California
    Replied: 3/28/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes. It is legal until you set it aside. To set it aside you must prove 2 things. 1. You were not properly served. 2. You have a viable defense. If you owe the money then you can't prove 2. The Judge will tell you that now that you know about the lawsuit you have been served. Since you owe it then the Judgment stands. The fact that you cannot pay the Judgment is not a defense. You should really explore bankruptcy. Get a free consultation.
    Answer Applies to: Michigan
    Replied: 3/28/2012
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Bankruptcy is an option. You can also attempt to set aside the judgment in State Court on the grounds that you were not served. If the court set aside the judgment you would still have to fight the lawsuit in State Court. It appears that you were legally responsible for the credit card, therefore going back to State Court is not a good option. The bankruptcy would probably discharge the judgment and any other unsecured debts you may have. As a matter of cost; a good bankruptcy attorney will cost you less than fighting the judgment in State Court.
    Answer Applies to: California
    Replied: 3/28/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Unfortunately in my experience collections firms often cut corners in serving complaints. If you can afford an attorney it may be possible to have the judgment voided, but it is a long shot. If the judgment stands you will get garnished. Considering your other debt BK probably makes sense. I urge you to see an attorney. Most BK lawyers give a free initial consultation.
    Answer Applies to: Colorado
    Replied: 3/28/2012
    Danville Law Group | Scott Jordan
    First, is the judgment legal. It is legal unless you file a motion to set aside the judgment for failure to serve. You will need an attorney for assitance. As for bankruptcy, it is not uncommon for someone just divorced to file bankruptcy. It may be your best option if you have other debts.
    Answer Applies to: California
    Replied: 3/28/2012
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