I live in Iowa. I haven't heard from this company for over 8 years, then all of a sudden, here they are serving me for a debtors examination. This is for a car I let go back in 1996. The bad thing is, my husband and I just closed on our new home today. What will they do if the judge lets them renew? I make average below median income wages and just have the house as an asset. My husband doesn't make a lot of money either. In iowa they cannot put a lien on the house if it is homesteaded which is good. I would love to be able to go to court and somehow get this judgement over with. I have been in debtor hell for 10 years because of this thing and have never had anything because I knew I couldn't get anything. I just want to live a good life. If they renew it, I will be 56 years old before I will ever be able to experience credit freedom. Any suggestions? I did try and contact them for a payment arrangement but they didn't respond. Thanks!
2007-08-24 17:43:24 · 4 answers · asked by Leah W 3 in Business & Finance ➔ Credit
If you have a court ordered debtors exam DO NOT miss it.
If you fail to go, the judge will hold you in contempt of court.
The collector can renew the judgment, but it must be renewed in a legal and timely manner.
You might go to the court clerk a day or two before the asset hearing and request to see the complete copy of your file.
Check and make sure they have renewed it within the time allowed. If you do not know your states rules of civil procedure (RCP), you will probably not know if they filed the request correctly. Unless you try to learn your RCP, you would probably have to depend on the judge to make that decision.
If your husband was not on the car loan, he cannot be held responsible through garnishment, etc.
They should have given you a listing of what they expect you to bring to the hearing, income statements, bank info, etc.
If you make below average wages, the judge may or may not set up a garnisment.
You might think about closing any bank accounts that are in your name AFTER the asset hearing. Closing them, or removing a large amount from them (unless the large amount is going for the mortgage payment or similar) right before an asset hearing could land you in deep trouble since they may consider that you are hiding assets.
If they ask you for your banking info, which they probably will, give it to them. Then as soon as you walk out of the court house, go straight to the bank and either withdraw all but a few dollars or just close the account and have your husband open one in his name only.
Don't let them push you around before the hearing. You might try to make an arrangement with them if you feel comfortable in dealing directly with them.
Or you might let the judge decide. If you let the judge decide, be sure and bring up that you had tried to work with them but they would not respond to you. (that fact may not make the judge to happy with them and may work in your favor )
2007-08-25 05:53:57 · answer #1 · answered by echo 7 · 0⤊ 0⤋
By the time a judge reviews this, it would be over 10 years and thrown out. I don't think they have a leg to stand on and are just trying to force you to settle a debt that was written off by the original creditor years ago.
Make sure the homestead exemption was filed and contact an attorney if you can afford one. I would also dispute the charge with the credit bureaus since it must not have appeared when you bought the house.
2007-08-25 00:55:20 · answer #2 · answered by Ginger 6 · 0⤊ 0⤋
Neither they or the judge can do any thing, It is a desperate last attempt to intimidate you into signing something.
If they can get you to sign something, they will have another Ten Years. The statute of limitations is clear.
They can only try to scare you.
These companies get creditors to give then a chance to try to scare you in the last months of the time limit.
This is against the law in some states.
They are lying they can not extend the statute of limitations.
Do not sign anything. Do not do to any meetings.
Do not go to court.
If they give you any bogus paperwork or pretend to serve you with official looking documents it is all a lie they can do nothing.
Do not contact them do not make any arrangements.
You making payment arrangements is the only way for them to extend DO NOT.
DO NOT TAKE CALLS FROM THEM
SAY CALL MY LAWYER AND HANG UP.
When the 10 years are over it is all over.
Congratulations.
2007-08-25 00:46:48 · answer #3 · answered by Anonymous · 0⤊ 2⤋
By all means if you are served papers I assume you have 30 days to respond..Please respond and state the statue of limitations have expired.You can go to your local court house and go to the law library and get help
2007-08-25 00:57:12 · answer #4 · answered by Crazy cat lady >^ ^< 4 · 0⤊ 0⤋