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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86552
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my ex received a default judgement against me for medical bills.

Resolved Question:

my ex received a default judgement against me for medical bills. The judgement is just under $600. Can I pay the court monthly to keep her from garnishing my wages? I don't mind the garnishment, but they are trying to serve me papers to return to court. I figure if I go to that court, she will have other fines placed on me at the time. I am not going to return to that court. I just want to make payments. The judgement was issued in 2009.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am very sorry for your situation, and whatever happens, I hope that this concludes quickly and in your favor.

First of all, understand that you do not pay the Court. You pay your ex. The Court does not take in payment and redistribute it to the party that won the case. On the contrary, you pay directly to the party. When you pay, make sure to have proof of payment (check copy, receipt, etc.) so that they could not claim that you never paid.

Ergo, please allow me to adjust your question from Can I pay the court monthly to keep her from garnishing my wages to "Can I pay the ex monthly to keep her from garnishing my wages?"

Typically, the judgment is due immediately and in whole. However, if the ex agrees, then payment plans can be made. If they agree, then it is vital that you do this in writing. Here is a template:

Agreement

(PARTY ONE) and (PARTY TWO) agree:

WHEREAS, certain disputes and financial transactions have occurred between the parties hereto which culminated in judgment against Party Two for ____ in (court), and, WHEREAS, they desire to amicably resolve this dispute and acknowledge the extinguishment of any and all debts, obligations, and liabilities of any kind between the parties, IT IS AGREED:

Party Two will make the following payments to satisfy the judgment:

$_____ (Date)
$_____ (Date)
$_____ (Date)
$_____ (Date)


This release shall only become considered binding upon both parties signing the agreement.

Dated: _________________


________________________________________________________________
PARTY ONE
________________________________________________________________
PARTY TWO


How, they do not have to agree to it, but if they do, great, and they cannot garnish your income as long as you make said payment plan.

Furthermore, they can only garnish after filing a special request with the court, serving you, and having a hearing. If they see that you are willing to make payment, it is not worth their time to garnish and they likely will agree to this payment plan in writing.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.

If they get me served, can they set another judgement against me for her expenses of trying to serve me on several occasions unsuccessfully? How do I get it off my credit report if I pay her? She is extremely unreasonable, that is why I avoid speaking to or seeing her. she will do anything to get more money from me. I just want to protect myself from numerous default judgements.

Expert:  Ely replied 1 year ago.
If they get me served, can they set another judgement against me for her expenses of trying to serve me on several occasions unsuccessfully?

This is up to the discretion of the Court. The Court is allowed to award any reasonable legal/attorney costs as it sees fit.

How do I get it off my credit report if I pay her?

Have her write you a "letter of satisfaction" that you've paid the amount, and then send it into the credit agency with a credit dispute letter:

http://www.debt-n-credit-letters.com/Report-Dispute/credit-report-dispute-letter-1.html

I just want to protect myself from numerous default judgements.

Do not worry, there is little else she can do but try to satisfy judgment by levy/garnishment. But there can be no more judgments against you, although of course, she can ask for legal fees every time she goes to court.

If she is willing to agree to the payment plan - which she likely would be - it locks you and her into that plan and she cannot do anything else.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86552
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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