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What kind of attorney do I need?

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hopingsoon
Regular Contributor

What kind of attorney do I need?

I was recently made aware of an 8 year old judgment against me by means of a writ of execution on my bank accounts.  The original judgment was for 13,000.  They have added 7,000 in interest so it's now 20,000 total.  They wiped my bank accounts out of 10,000.  

 

I would like to talk to an attorney.  Called the local Barr assoc. got an appointment but I'm quite disappointed by the conversation.  The person I spoke with didn't seem to be the lawyer or didn't seem to have the answers to my questions and kept having to ask someone in another room and also answered many questions very vaguely like, "I assume" or "that could be".  I want to know what else this judgment holder could do to me (sheriff sale of personal items? force the sale of our home?).  I want to know if this writ of execution is ongoing or if they would need to do it again in order to keep taking my money (if I were to put more money in there).  

 

This lawyer person mentioned filing for bk right off the bat but I am not at all interested in that.  I just spent the last 10 years with crap credit because of these old issues.  To file for bk now, after my credit has rebounded would be such a cruel joke.  Not to mention, at this point, this judgment holder has already gotten 10,000 on a 13,000 judgment (ignoring the 7,000 in interest).  I don't see that filing for bk would be possible or needed.  

 

Ideally, the judgment holder is willing to settle for what they already got and we can consider this satisfied.  But when I expressed to the attorney that I would like to arrange a settlement, right away they want to know how much I am willing to pay per month to make payments on the judgement.  I'm beyond frustrated that we are even having that conversation yet.  I want this resolved.  

 

This company has made no legitimate attempt to collect on this judgment for years.  I would have been willing to make payments before they snatched every dime in my accounts but not now.  I would have been in a better place to make payments before they took all of my money and left me wondering how I was going to pay my mortgage or cash my paycheck but not now.   

 

Thoughts??



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3 REPLIES 3
gdale6
Moderator Emeritus

Re: What kind of attorney do I need?


@hopingsoon wrote:

I was recently made aware of an 8 year old judgment against me by means of a writ of execution on my bank accounts.  The original judgment was for 13,000.  They have added 7,000 in interest so it's now 20,000 total.  They wiped my bank accounts out of 10,000.  

 

I would like to talk to an attorney.  Called the local Barr assoc. got an appointment but I'm quite disappointed by the conversation.  The person I spoke with didn't seem to be the lawyer or didn't seem to have the answers to my questions and kept having to ask someone in another room and also answered many questions very vaguely like, "I assume" or "that could be".  I want to know what else this judgment holder could do to me (sheriff sale of personal items? force the sale of our home?).  I want to know if this writ of execution is ongoing or if they would need to do it again in order to keep taking my money (if I were to put more money in there).  The writ is ongoing and any monies you put in that bank will be seized until the judgment is fully satisfied.

 

This lawyer person mentioned filing for bk right off the bat but I am not at all interested in that.  I just spent the last 10 years with crap credit because of these old issues.  To file for bk now, after my credit has rebounded would be such a cruel joke.  Not to mention, at this point, this judgment holder has already gotten 10,000 on a 13,000 judgment (ignoring the 7,000 in interest).  I don't see that filing for bk would be possible or needed.  

 

Ideally, the judgment holder is willing to settle for what they already got and we can consider this satisfied.  But when I expressed to the attorney that I would like to arrange a settlement, right away they want to know how much I am willing to pay per month to make payments on the judgement.  I'm beyond frustrated that we are even having that conversation yet.  I want this resolved.  

 

This company has made no legitimate attempt to collect on this judgment for years.  I would have been willing to make payments before they snatched every dime in my accounts but not now.  I would have been in a better place to make payments before they took all of my money and left me wondering how I was going to pay my mortgage or cash my paycheck but not now.   

 

Thoughts?? Get a consumer law attorney, judgments are pretty much there forever as they can be renewed until they are paid or BK is filed, you are going to have to settle this one way or the other. I would be cashing your paycheck at the issuers bank as long as its a different bank and be paying bills with money orders/cash until the writ is canceled and the judgment either satisfied or payments worked out. The next step for the judgment creditor is wage garnishment. Good luck Smiley Happy


 

Message 2 of 4
BarryNTexas
Established Contributor

Re: What kind of attorney do I need?


@gdale6 wrote:

@hopingsoon wrote:

I was recently made aware of an 8 year old judgment against me by means of a writ of execution on my bank accounts.  The original judgment was for 13,000.  They have added 7,000 in interest so it's now 20,000 total.  They wiped my bank accounts out of 10,000.  

 

I would like to talk to an attorney.  Called the local Barr assoc. got an appointment but I'm quite disappointed by the conversation.  The person I spoke with didn't seem to be the lawyer or didn't seem to have the answers to my questions and kept having to ask someone in another room and also answered many questions very vaguely like, "I assume" or "that could be".  I want to know what else this judgment holder could do to me (sheriff sale of personal items? force the sale of our home?).  I want to know if this writ of execution is ongoing or if they would need to do it again in order to keep taking my money (if I were to put more money in there).  The writ is ongoing and any monies you put in that bank will be seized until the judgment is fully satisfied.

 

This lawyer person mentioned filing for bk right off the bat but I am not at all interested in that.  I just spent the last 10 years with crap credit because of these old issues.  To file for bk now, after my credit has rebounded would be such a cruel joke.  Not to mention, at this point, this judgment holder has already gotten 10,000 on a 13,000 judgment (ignoring the 7,000 in interest).  I don't see that filing for bk would be possible or needed.  

 

Ideally, the judgment holder is willing to settle for what they already got and we can consider this satisfied.  But when I expressed to the attorney that I would like to arrange a settlement, right away they want to know how much I am willing to pay per month to make payments on the judgement.  I'm beyond frustrated that we are even having that conversation yet.  I want this resolved.  

 

This company has made no legitimate attempt to collect on this judgment for years.  I would have been willing to make payments before they snatched every dime in my accounts but not now.  I would have been in a better place to make payments before they took all of my money and left me wondering how I was going to pay my mortgage or cash my paycheck but not now.   

 

Thoughts?? Get a consumer law attorney, judgments are pretty much there forever as they can be renewed until they are paid or BK is filed, you are going to have to settle this one way or the other. I would be cashing your paycheck at the issuers bank as long as its a different bank and be paying bills with money orders/cash until the writ is canceled and the judgment either satisfied or payments worked out. The next step for the judgment creditor is wage garnishment. Good luck Smiley Happy


 


Hopingsoon... what state are you in?  Tough one... I too am dealing with a judgement.

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Message 3 of 4
hopingsoon
Regular Contributor

Re: What kind of attorney do I need?

PA here.  So, from what I understand, they can't garnish my wages.

 

I understand that this isn't going to just go away but I guess I'm wondering about the possibility of getting them to consider the judgement satisfied for the amount they already have.  

 

I'd be curious to read any experience people have had in settling judgments for less and if so how much less.



Starting Score: FAKOs EQ 537 TU 497 EX 517
Current Score 7/11/13: FICOs EQ 650 TU 659 EX 655
Goal Score: 675 Who am I kidding? Goal Score: 750+ Smiley Happy


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