I went to court recently and received a judgement against me. I am ordered to pay now, but can't, as I now am a single mom to 3 kids, jobless (but receive just enough child support to almost pay my necessary bills), and just plain broke! So, yesterday, I get a letter in the mail from the debt collectors that said they are going to use the sheriff's intervention. What can they do? Take me to jail? Hit my bank account that has all of $20 in it? I called them and the collector said they have to have a minimum of $100 per month, which I am unable to do (I asked if they'd take $20/month, but they said no), so I asked what they could do, and he said he could not give me legal advice of any kind. So I am so scared that I could go to jail and be away from my kids! I am trying to go to school so I am eventually able to pay off my debts that I so stupidly made for myself (poor decision-making when I was young- too many credit card offers tempting me). HELP!
2007-10-16 03:30:29 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am in Missouri.
So the sheriff can come and take my things??? Right out of my home? I rent, my ex-husband owns my car, all that is technically mine is what is in my house, furniture, etc. I think they'd have to take everything I own- is this really true?
Also, I can certainly send them $5 or $10 a month, can they absolutely not do anything if I am faithfully sending them money every month, regardless of how much? Keep coming with the answers, there have been some good ones, but so many different and opposing answers.
2007-10-16 03:53:03 · update #1
They can't send you to jail. They could summon you back to court so they can examine your financial situation (and try to prove that you have the resources to pay), but I doubt they will even bother. And they could try to chip away your bank accounts, but they aren't going to get much from there.
Don't worry.
Just keep paying by installments. $20 a month is fine. Send the payments regularly. It shows good faith in repaying the debt.
2007-10-16 03:48:58 · answer #1 · answered by Anonymous · 2⤊ 0⤋
While you will NOT go to jail for a judgement, a lien can be placed on your bank account, your home and anything else you own. And, depending on where the judgement was issued, it can stay with you for up to 20 years at 10% interest on any unpaid balance.
So, you have only two choices:
1. pay the debt, or;
2. work out a payment plan (which they are not bound by law to accept) with the person/company holding the judgement.
EDITED BASED ON STATE.
In Missouri a judgement is good for 10 years from issue and the interest allowed to be charged on any unpaid balance is what the contract calls for. If there is no interest cited in the contract, then interest does not affix.
2007-10-16 03:41:04 · answer #2 · answered by hexeliebe 6 · 1⤊ 0⤋
The US has never had debtors prisons. You cannot be jailed for any civil judgment. The most they can do it to garnish your wages (only up to 20%). They can take your house, but only with a judges specific order. I have never heard that being done for a primary home especially if someone has children.
The collection agency is just blowing smoke. Tell them to pound salt. You cannot get blood out of a turnip. With the type of attitude shown by the collection agency, I woudn't agree to anything. Let them do all of the work -- don't help them out (at least I wouldn't).
2007-10-16 03:52:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Without knowing the State that you live in it is tough to help. Try writing a letter to the judge who imposed the judgment. Say that you realize your error and are willing to make good on the judgment, but .....(explain your situation). Offer to set up a payment plan of $x per week/month.
If you have a sympathetic judge, he may just change the judgment to reflect a payment plan. Again, it depends on the state you are in.
DO NOT ignore this. While I find it hard to believe that they will come and take you to jail ( I know, I have judgments against people and the courts told me it is my problem if they don't pay, not theirs. All I can do is sue them again.)
You must pay these off in order to get the judgment satisfied and get your credit back on the right track.
Maybe try one of the government approved debt counseling services.
Good luck.
edit:
I don't think they can take your "things" and sell them. Only items that have been named in the judgment can be affected. Meaning that they cant come in and take you tv and sell it.
Check the link below for more information.
2007-10-16 03:45:22 · answer #4 · answered by tom p 6 · 1⤊ 1⤋
The collection agency can only take moeny from certain sources, such as wages, and that only after being given legal permission to garnishee your wages. You cannot be put in jail for being unable to pay a judgement aginst you. Collection agencies are agressive, but that is more like a dog barking as awarning. They want you to keep your debt in mind and will use whatever means they can legally. If there is already a judgement in their favor, it is unlikely that they will pursue it further in court. They will wait until you can pay, but they will harrass you while waiting.
2007-10-16 03:59:00 · answer #5 · answered by fangtaiyang 7 · 1⤊ 0⤋
They could reposses something to cover the cost of the debt...like a car or some furniture. They can take up to as much as will pay off the debt. The sheriff has the ability to enforce this if a debt collection agency is involved. You could try to declare bankruptcy, but some judgements are not effected by that.
2007-10-16 03:40:27 · answer #6 · answered by Toledo Engineer 6 · 1⤊ 2⤋
The worst they could do is probably garnish wages...but since you don't have a job I don't think they would get anywhere. Why don't you look up the legal aid society in your area. They work with low income individual in many different areas (including debt problems). If you have a ton of debt they might be able to help you file bankrupcty.
2007-10-16 03:40:17 · answer #7 · answered by pennylanegal 5 · 1⤊ 0⤋
They can't involve the sheriff's dept except to subpoena you back to court.
You can't go to jail for owing people money regardless of what those bill collectors tell you.
So don't worry about that.
Another thing the collection agency has to accept whatever you send them as payment towards your debt- They can't chose to refuse $20.00 a month just because they want $100.00. Send them the check for $20.00- you will be demonstrating your intention to pay.
I have to tell you though getting a job would probably be in your best interest with 3 kids that's gotta be tight - child support or not.
Good luck.
2007-10-16 03:43:40 · answer #8 · answered by tnfarmgirl 6 · 0⤊ 3⤋
In the UK, England only you can go to jail for debts, in Scotland you don't, if the sheriff officer arrive they take your most expensive items, TV, videos etc until you pay the bill. Phone them and explain it to them.
2007-10-16 03:41:05 · answer #9 · answered by Jackie M 7 · 0⤊ 1⤋
Start sending them 5 dollars a month faithfully. They can't do a thing if you are paying them. And no one goes to jail for credit card bills.
2007-10-16 03:38:32 · answer #10 · answered by James Watkin 7 · 1⤊ 4⤋