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CalAttorney2, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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This is my situation; a credit card company filed a judgment

Customer Question

Hello! So this is my situation; a credit card company filed a judgment against me and was granted for an amount of $11,930 but I was not able to paid. Now I got served with a "Application for writ of garnishment after judgment" and they froze my bank account
on which I had $8,000 dls. Also on the "Notice of writ of garnishment after judgment" states that "you have the right to seek to regain possession of the property by filing a motion to dissolve this writ" is that all I have to do? Is this case difficult? Can
I do it myself?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Depending on how long ago this credit card company got their judgment you may be able to do this on your own (it is always more effective to have an attorney (we do this for a living, so we do not have to "self educate" ourselves about procedure, we won't miss things, and you have a better chance of succeeding, but hiring a lawyer does cost money, so it sometimes makes sense to proceed on your own).

Here is a sample "Motion to Dissolve"

I don't recommend simply "cutting and pasting" the motion, as you will want to understand what you are doing and why. This motion is so that you can reopen the case, and file an answer so that you can contest the underlying debt in court (if you actually owe the debt, you may end up with a judgment all over again, just with some more time). So please take a few hours and go to your local law library and review a set of books called "Practice Guides" (these are strategy books which attorneys use, they have strategy tips, references to commonly used legal authorities, and templates (similar to the one above), which can be used for common motions and pleadings).

If you plan on representing yourself, you will need to put in some time to do this right, but your local law librarian will point you in the direction of the most useful books for your case.

If you do owe the debt, but you want to settle it, you can try contacting the creditor and entering into settlement negotiations with them.

When trying to settle a debt, creditors generally prefer lump sums over payment plans. They are often willing to accept an amount less than the full debt (the trade off is that they get a quick payment and don't have to worry about ongoing collection costs or administration). If you do not have the ability to offer a lump sum for something the creditor will accept (some will accept a small portion, while others want close to the full amount), you can try a payment plan, these are less satisfactory to the creditor (especially if they have a lien on your property already), but if you are willing to offer something with a reasonable chance to get the creditor a large amount of their debt back, you are likely to get them to accept it.

Whenever working with a creditor, make sure that you keep your communications in writing (if you speak to someone by phone, promptly send a confirmation letter to summarize your conversation), as this will help to ensure that there is no confusion later on, and you will be able to enforce your settlement against any future collection efforts.