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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
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Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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what is a legal judgement?Can it be filed against someone on

Resolved Question:

what is a legal judgement?Can it be filed against someone on ssi dissability for an unsecured credit card debt.i have obtained a debt resolution company to help me,but am being threatened with a judgement against me.
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - A judgment is what is obtained after a suit is filed and there is a court hearing or trial and the case is won by the plaintiff. In this case a creditor would have to file a suit which would be served by either certified mail or in person. Then you would have an opportunity to respond and defend yourself. The fact that you are engaged with a debt consolidation firm does not prevent the creditor from filing suit unless there they have signed an agreement not to sue. The fact that you have little or no assets or income is not a defense to a suit so the creditor can sue you and get a judgment. The fact that they have a judgment doesn't always mean they can collect since they cannot garnish your disability income. The debt consolidation company has no power to stop the creditor from filing suit and cannot force the creditor to agree to accept payments. A judgment is simply a civil action and has no criminal aspects so if the creditor obtains a judgment and you can't pay you are in no worse position than you are now.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you sir for your expedient reply.I would like to ask one more question please.If in the event a judgement is served against me ,i have a small mortgaged house,small anuity for burial expenses,would they take these from me?
Expert:  Dave Kennett replied 1 year ago.
They cannot take your money from your burial fund and if the house is already mortgaged then it would be highly unlikely they would try to take any action against the house however the judgment would create a lien on the house so if you wanted to sell or refinance the real estate the judgment would have to be paid. I'm not certain from your facts exactly how much money is involved however the other option if all else fails is to seek protection in the bankruptcy court. You can protect your house and obtain a court ordered payment plan for unsecured debts. The debt consolidation companies are fine if they can get creditors to agree to terms but they have absolutely no legal power to force the creditors to do anything. You may want to check with your debt consolidation company as to this particular creditor to see if they can work out some plan to keep the creditor from filing a suit.

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