judgement debtor exam?

Question

I have been subpeona'd to for this exam. What can I expect? I don't have any assets at all other than my wages. Will they finally accept a payment plan? The judgement is for a deficiency balance on a car I let go back 10 years ago. The judgement is 9 years, 11 months old and our SOL is 10 years but can be renewed for another 10. Is it common for the court to renew a judgement like my situation?

Answer 1

A debtor's exam is by court order and they can hold you in contempt of court if you fail to show. They usually are also done under penalty of perjury - so do not lie.

Usually debtor's exams are a little more laid back (for lack of a better term, my brain is tired lol) than going through the law suit trial.

They should have given you a listing of what they want you to bring with you - list of assets, bank accts, pay check stubs, etc.

If your state allows garnishment, the judge will set the garnishment amount going by what you provide both verbally and on paper

If you can prove that a garnishment will be a hardship, the judge may reduce the amount or even waive the amount until your financial situation improves.

Hardship is not - being able to pay for:
Cable TV
Cell phones
A $30k or $40k car
Not being able to eat out several times a week
(you catch my drift, those would be considered luxury's)

Hardship is:
Having difficulty putting food on the table almost every day
Having difficulty paying the rent/mortgage almost every month
Having children that you to financially struggle to feed, clothe, etc.
(and the financial difficulty is not because you are paying for the luxury's)

You would have to "prove" hardship.

If the creditor/collector files a request, in a legal and timely manner, to renew the judgment, it will go before the judge. Chances are very good (99.9% in my opinion) that the judge will renew judgments - unless the request is filed incorrectly.
If it is not filed in a legal and timely manner, unless the judge is sleeping, it will be denied.