If you are being sued and you admit the debt is yours and you intend to pay, must you go to the court hearing? I know if you don't then the case proceeds without you and the judgment is by default against you.
Now, when the judge decides that you must pay your debt, does he make it in one lump sum, or are payment arragements made? Does he take into consideration what you make and your living expenses? How does it work. I live in PA so wages can't be garnished. I don't own a car and I'm still paying on my house. Can someone explain what all is going to happen? thanks! And please, no guessing, only educated answers.
2007-08-08 06:07:23 · 6 answers · asked by jumbo lopez 1 in Politics & Government ➔ Law & Ethics
OK i already mentioned that they CAN NOT garnish wages in PA. There are only 4 states that do not allow this and PA is one of them. So please, no more info on that since it doesn;t apply!
2007-08-08 06:44:42 · update #1
If you don't go to the hearing, the judge will enter a judgment against you for the amount they list. You owe that amount. At that point, you can begin making payments, however, do so THRU THE COURTS, that way there is a paper trail. Most judges will let you set your own payment. As long as you are making the payments, nothing will happen. If you don't, the company can file a Proceeding Supplemental and ask the judge to guarnish your wages. (Oh, you can also voluntarily request that your wages be guarnished if you want.) Good Luck.
2007-08-08 06:14:40 · answer #1 · answered by working mom of 3 4 · 0⤊ 0⤋
Every court and every state is different. No one here can tell you what the judge hearing your case will decide. However, if you don't show up, the court doesn't know if you can pay over time and are worth taking a chance on or not.
Once the judgement is filed against you, the company you owe the money to will write a demand for payment letter enclosing a copy of the court ordered judgement. If you do not respond within 30 days the company will return to court for a Judgement Lien against anything and everything you own.
If you own a home, you won't be able to sell it until the lien is satisfied. A car, boat, etc., is the same. If you own nothing the company will wait until you do.
In california, for example, a judgement is good for 10 years and can be renewed an additional 10 years at 10% interest on any unpaid balance.
2007-08-08 06:16:42 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
You can settle with the other side -- reaching an agreement on how you will repay the debt. If you do, the court will dismiss the case because the controversy is resolved.
Otherwise, the case proceeds until the court determines who is correct -- and then orders judgment on that result.
If a judgment is entered against you, you can ask the court to be able to make partial payments over time. The court might agree, based on the facts of your situation. Or it might not.
If you do not make the payments required by the court, your assets may be seized, or liens placed on them, or wages garnished -- does PA have a specific law that says wages cannot be garnished, because I've never seen one...?
2007-08-08 06:13:38 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Answer ALL summons and go to ALL hearings. If your wages are being garnished your payroll department will be handed a court order. This order will say how much will be taken (usually a percentage) and for how long. You will more than likely be paid minimum wage until the debt is settled. If you're making $1000.00 a week now you will be making $250.00 a week. Sucks, huh?
Just threaten to quit. This is a civil matter not criminal so any threat of jail is bogus. If your tax refunds are attached, increase your deductions so you wind up paying at tax time. If your bank accounts are threatened, close them. Put liens all over your property. No one is going to take anything from you if there are liens on it.
2007-08-08 06:15:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If what you said is correct and PA doesn't allow wage garnishment, you need to check into garnishing your checking account/or other accounts. They can freeze them with the amount owed until you pay. Also you need to check into Federal laws that if you earn certain income like SSI or workers comp, then they can't touch that period. What they can do is put a judgement against you that if you EVER want to borrow money for ANY reason then you have to pay them first. OH and btw from personal experience, never admit you owe the entire amount, work out a deal first for a lower amount which they will settle for if it's the original debtor and go to the hearing. If you don't it appears like you don't care.
2007-08-08 06:15:38 · answer #5 · answered by hopespringsanew 2 · 1⤊ 0⤋
they garnish a percentage of your takehome pay until it is paid off.
2007-08-08 06:11:39 · answer #6 · answered by Anonymous · 0⤊ 1⤋