debtbegonealrdy
New Member
Hello, and thank you to everyone in advance for your help/expertise.
I recently posted a few days ago about negotioating debt/filing a motion to vacate default judment. (Thank you dee_dub for responding.)
Anyway, the motion to vacate was filed on July 2nd, court date is set for Aug. 18th. I came home yesterday to find a "Summons to judgement debtor for examination". I was told at the court house that by filing the motion to vacate, that any further proceedings by the Plantiff (such as this summons)would be put on hold until after the court date. Was I informed wrong?
What do I need to bring/ how should I prepare for
1. My motion to vacate hearing
2. Summons to judgement dbtor for examination hearing.
I have requested debt validation in the motion to vacate, as well as over the phone, and have never received a reply. I am sending a formal request in writing again on Mon. via certified mail. I am willing to work w/ the creditor as long as they can prove that they are indeed responble for collecting this debt. The original creditor of this debt informed me that they sold it to a different company other than the one who is currently suing me. I just want to make sure thatI'm dealing w/ the correct party.
I have contacted the attorney for the company who is suing me and explained this to them, prior to the initial judgement. I have told them that IF/WHEN they provide the validation I need, I could pay them $100-$125 a month (origional debt is $2170, they are asking $2814.96 w/ interest/ court cost/misc.). They stated that that was not enough, however, they would be able to settle if I could pay them 2200 in the next 60 days. I have tried to contact them after judgement, and have left messages, but have not spoken to an actual person. The only communication I have received from them is financial statement paper asking me to list my ss# drivers license and all sorts of other personal info.
I am a stay at home mom, and do not work outside of the home or have any income. My spouse is the sole wage earner in our family. This debt is an old cc debt and is in my name only and not my husbands. My only "assets" other than the home w/ live in ,are our joint checking account which his paycheck is direct deposited and we use to pay all our bills (it needs to be ajoint account as my spouse is a truck driver and is away from home a lot) We also have a car which I believe I co-signed on. It is 7 years old and our only vehicle/means of transportation(there are no cabs/busses in our area). If the motion to vacate is not granted,and the debt validated what can I expect at the Summons for examination. How should I prepare? What is the likelyhood the the judge will accept the agreement of $200-300 down and $100 a month that I already proposed but was originally rejected by the creditor. Under the circumstances, what is the likelyhood the judge will allow them to freeze our joint acct? Or, can they try and seize our vehicle? W/ out it my husband cannot get to work, and them were in an even worse situation!
PLEASE HELP ME MAKE SOME SENSE OF THIS!!!
I recently posted a few days ago about negotioating debt/filing a motion to vacate default judment. (Thank you dee_dub for responding.)
Anyway, the motion to vacate was filed on July 2nd, court date is set for Aug. 18th. I came home yesterday to find a "Summons to judgement debtor for examination". I was told at the court house that by filing the motion to vacate, that any further proceedings by the Plantiff (such as this summons)would be put on hold until after the court date. Was I informed wrong?
What do I need to bring/ how should I prepare for
1. My motion to vacate hearing
2. Summons to judgement dbtor for examination hearing.
I have requested debt validation in the motion to vacate, as well as over the phone, and have never received a reply. I am sending a formal request in writing again on Mon. via certified mail. I am willing to work w/ the creditor as long as they can prove that they are indeed responble for collecting this debt. The original creditor of this debt informed me that they sold it to a different company other than the one who is currently suing me. I just want to make sure thatI'm dealing w/ the correct party.
I have contacted the attorney for the company who is suing me and explained this to them, prior to the initial judgement. I have told them that IF/WHEN they provide the validation I need, I could pay them $100-$125 a month (origional debt is $2170, they are asking $2814.96 w/ interest/ court cost/misc.). They stated that that was not enough, however, they would be able to settle if I could pay them 2200 in the next 60 days. I have tried to contact them after judgement, and have left messages, but have not spoken to an actual person. The only communication I have received from them is financial statement paper asking me to list my ss# drivers license and all sorts of other personal info.
I am a stay at home mom, and do not work outside of the home or have any income. My spouse is the sole wage earner in our family. This debt is an old cc debt and is in my name only and not my husbands. My only "assets" other than the home w/ live in ,are our joint checking account which his paycheck is direct deposited and we use to pay all our bills (it needs to be ajoint account as my spouse is a truck driver and is away from home a lot) We also have a car which I believe I co-signed on. It is 7 years old and our only vehicle/means of transportation(there are no cabs/busses in our area). If the motion to vacate is not granted,and the debt validated what can I expect at the Summons for examination. How should I prepare? What is the likelyhood the the judge will accept the agreement of $200-300 down and $100 a month that I already proposed but was originally rejected by the creditor. Under the circumstances, what is the likelyhood the judge will allow them to freeze our joint acct? Or, can they try and seize our vehicle? W/ out it my husband cannot get to work, and them were in an even worse situation!
PLEASE HELP ME MAKE SOME SENSE OF THIS!!!
