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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35358
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have received a assessment of damages hearing required letter

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I have received a assessment of damages hearing required letter from the local court of common pleas for non payment of a credit card debt. No date is on the letter for me to attend a hearing. There is a docket no :2011-774. What will happen if I do nothing?

Hello,

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An assessment of damages hearing is basically so that a creditor can provide a total monetary number for their damages once a judge has already detemined liability. It often happens when the exact amount of damages is unknown at the time judgment is rendered.

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So if you do nothing, the creditor will provide the court with an exact amount of damages and the judge will then make the notation on the judgment of the exact amount owed.

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thanks

Barrister

 

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 5 years ago.
What happens if I do nothing?
Customer: replied 5 years ago.
What happens if I do nothing? Can they make me pay somehow?

Possibly. Since they already have a judgment and are just fixing the amount with the assessment of damages hearing, once set, they can then come after you to try to collect on the judgment.

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They can garnish wages, seize bank accounts and lien real estate in order to try and collect. But they can't garnish income from sources like Social Security, Disability, Unemployment, 401K, pension or retirement accounts.

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So depending on your source of income, they may be able to garnish it.

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However, if you were to file bankruptcy, it would extinguish your personal liability for the debt.

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thanks

Barrister

 

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 5 years ago.
Could they go after my wifes wages.

If she is not named in the judgment as a party to the lawsuit, then no. Since this is a credit card debt, if it is in your name only, they can only come after assets that your name is on. So if you have joint bank accounts, she should open ones only in her name and put her earnings in them so they can't be seized.

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thanks

Barrister

 

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 5 years ago.
My only income is social security and a small pension that are direct deposited. Would these accounts be liable to be seized?

No, they would be considered exempt and not subject to seizure or garnishment under federal law. They couldn't seize any accounts that had only those funds in them either. But if you have other non-exempt funds, don't mix them with the SS and pension in that account.

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thanks

Barrister

 

.

.

Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

Barrister and 2 other Legal Specialists are ready to help you