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Garnishment 60k advised to file bankruptcy

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New Member

Re: Garnishment 60k advised to file bankruptcy

Thank u guys for the responses.
Please tell me what to do. Husband thinks I am being extorted. They have all ready written off the deficiency.

Should I file chapter 13 payment would be 350-400 for 5 years. 24k.
Or
Take the 125 a month for a year then try to get a lower payment. I am scared they won’t go lower after a year.
Message 11 of 16
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Valued Contributor

Re: Garnishment 60k advised to file bankruptcy


@Glgkbh wrote:
Thank u guys for the responses.
Please tell me what to do. Husband thinks I am being extorted. They have all ready written off the deficiency.

Should I file chapter 13 payment would be 350-400 for 5 years. 24k.
Or
Take the 125 a month for a year then try to get a lower payment. I am scared they won’t go lower after a year.

What is your financial situation aside from this issue? Would a BK provide relief from other debts you have?

 

Have you tried telling them that if they can't go lower, in writing, NOW, that you'll be forced to file BK? (If you do choose to make payments to them, I'm not at all convinced that you can't get them to commit to a lower # now)

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Message 12 of 16
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Senior Contributor

Re: Garnishment 60k advised to file bankruptcy

I forgot about service by publication since it rarely used.   I can't imagine Chase as the orginal creditor seeking defiency judgement.

I have seen Chase run away from a lot of foreclosures here when the borrower offers moderate pushback  even though they were  nonjudicial foreclosure.   Sounds like several of jdb  There  one this right up their play book I jyst can't recall the name.    Here service by publication can be set aside.   But they can refile   

 

Message 13 of 16
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New Member

Re: Garnishment 60k advised to file bankruptcy

Chase isn’t the lender.
Bankcorp south is the lender.
Message 14 of 16
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New Member

Re: Garnishment 60k advised to file bankruptcy

I can pay my pills. No lates. Don’t need to file. Not moving anytime soon. I do have cc debit. About 18 k.

I didn’t quite understand the last statement. You don’t or you do think they will lower it if I make payments? That is my husbands concern. That they are not going to lower it. I will have to file anyway and now I am out of more money.
Message 15 of 16
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Moderator

Re: Garnishment 60k advised to file bankruptcy

You need to get a copy of the case file from the court, you want to see how you were supposedly served, if it was by sewer service I would be getting a lawyer to have that judgment set aside based on bogus service. Now if this is from 08 the SOL is most likely passed and they wont be able to get a successful judgment again if you assert the SOL. As already stated you may want to look into suing them if there is any hokus pokus in the way they obtained said judgment. Courts take a dim view of such games.

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Message 16 of 16
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