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So confused on what to do please help

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Sdenisew
Regular Contributor

So confused on what to do please help

there's a garnishment against me in the amount of 18,000.00 my exhusband was driving the car with my name on it and no insurance. The other person involved in the accident is suing for what seems to be medical expenses as well as car damages (minor according the police report I obtained). I wasn't aware of any of this because we were in the process of a divorce and I moved out of state. Apparently there was a court appearance and neither of us showed up (I didn't because I wasn't aware of any of this and my ex because he just didn't). Fast forward to a year or 2 later when I recieve a letter from morgan and pottinger about this debt which bills up to 5.00 a day if gone unsettled. I can't pay 18,000 or even half that as I'm unemployed. I asked if they were going after my ex and they said no they don't have an address for him and even if they did I'm still liable. They've alread suspended my drivers license. I've cleared my credit report prior to losing my job 2 years ago and this judgement is now on it. I was thinking that filiing bankrupcty will be my best bet. 

 

I was planning on moving to Texas in 6 months to find work and I wonder how this will effect me finding a job. I tried offering them 2,000.00 and they pretty much laughed in my face. Is my bankruptcy my only option?

01/30/09
TU-582
EX-507
01/25/09
EQ-504
As of 02/08/09 EQ-508

03/03/08
TU-599
EQ-511
Message 1 of 6
5 REPLIES 5
Comet21
Regular Contributor

Re: So confused on what to do please help

It is discrimination for someone to not hire you because of BK, but you have to have proof that is the reason they did not hire you. It is very hard to prove unless they say "You were not hired becuase you filed for Bankruptcy". 

 

 


Starting Score: TU 477 EQ 533 BK 1/27/2012
Current Score: EX 702 TU 681 EQ 652 1/10/2014
Goal Score: 700


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Message 2 of 6
compassion101
Established Contributor

Re: So confused on what to do please help

Trying to follow the story. Why was your lisence suspended?

 

As for bankrupcy, do you have other debts or is it just the 18k? I assume the 18k is a judgement against you at this stage? Not sure the laws but were you ever served to appear? Seems like the first thing you may need is some legal advice as to what happened and if it was all done within the legality of your state.

 

 

Message 3 of 6
Sdenisew
Regular Contributor

Re: So confused on what to do please help

I wasn't served I knew nothing about until a year or 2 after all of this took place. I completely cleared my credit thanks to this site and now this judgement is the only thing showing
01/30/09
TU-582
EX-507
01/25/09
EQ-504
As of 02/08/09 EQ-508

03/03/08
TU-599
EQ-511
Message 4 of 6
Anonymous
Not applicable

Re: So confused on what to do please help

I feel your pain. My husband had an accident in 2003, deemed his fault and we had no insurance. We could not afford an attorney, his license was threatened (in response to previous post...when you have at-fault accident and dont pay the damages and costs, license can be suspended)...at the end of it all...we owed just under $5000 in damages to the "injured" ( my husband did a u-turn and as he was swinging around, a motorcycle that was wayyyy back slammed into the side of our truck....husband said the driver slammed the throttle down from the stoplight being cool...skid mark was loonnngggg.....police said bike was only going 25...yeah right.) anyway...like I said could not afford attoney...so the $5000 in damages and he "victim" was awarded $40k from American Family.

 

We paid the damages in full by 2005 and were making monthly payments on the $40k since....attorney for American Family sent us letter Dec 2011 that we needed to double our payments as we were not paying off even the interest...our current balance on it with interest was up to $67k....we had been paying $400/mo since 2004....we did make 3 payments at $800 in Jan/Feb/Mar in 2012....it killed us...we were so stressed....we filed chap 7 on March 8, 2012...discharged June 18....22 days out as of today!! As far as our scores....was at 457 6/16/12....predischarge.....as of 7/7/12....now 567 post discharge......we have $0 debt however we did reaffirm our auto loan and our credit card which we have had through our credit union for the past 2 years.

 

I did speak with my loan officer this morning because I am contemplating selling current vehicle (2008 dodge grand caravan w/ 130k miles on it ) for a newer with much less miles....was told my score pulled came up at 516 through transunion...so what I see here and what lender pulled is a bit off...still can refinance and do different vehicle...but have to watch what it is worth versus amt of loan......so in all......doing the chapter 7 actually HELPED our scores tremendously.....lender said she showed a 454 in jan. and like i said a 516 yesterday....she said that was a huge jump.....so there is light at the end of the tunnel....just takes time....good luck to you!! (consult with a bankruptcy att.....i think having balance of 18k on credit paying a little bit each month is going to be worse in the long run....ask what your balance is with interest.....you might fall over.....bankruptcy may be theoption....it will get better...)

Message 5 of 6
compassion101
Established Contributor

Re: So confused on what to do please help


@Sdenisew wrote:
I wasn't served I knew nothing about until a year or 2 after all of this took place. I completely cleared my credit thanks to this site and now this judgement is the only thing showing

I would contact a lawyer if possible. If not financially possible then at least inquire with the state about the judgement/details. I would think they would have had to serve you, or at least attempted to serve you. Find out what the attempts were.

 

 

Message 6 of 6
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