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I had a foreclosure about 5 y ago and bank says it was short

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Hi. I had a foreclosure...
Hi. I had a foreclosure about 5 y ago and bank says it was short sale and served me papers to Cort for rest of balance. I responded but my letter never was recieved by clerks office and they put judgment against me . What's my best option to avoid any garnishments?
Submitted: 2 years ago.Category: Bankruptcy Law
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1/11/2016
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

How many years has it been since the judgment was obtained against you, and what state are you in?

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Customer reply replied 2 years ago
Just since January 4 th I am in Florida
Customer reply replied 2 years ago
When papers where served I responded to it but courthouse never got my respond and next thigh I know there is jugment against me
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

Ok. Thank you.

If the judgment was just obtained, there's no chance o the statute of limitation having expired against the judgment. I was hoping that the creditor had waited too late to enforce/collect.

The only way to avoid a garnishment against you is to either (1) work out a payment plan with the creditor to pay the debt or (2) file chapter 7 bankruptcy and have the debt discharged as an unsecured debt and rid yourself of the obligation to pay.

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Customer reply replied 2 years ago
Is it best to call creditor or their lawyers or obtain the Lawer ? Can I submit the motion for set aside the jugment ?
Customer reply replied 2 years ago
I just have build my credit up and took me 5 y to do it if I file for bankruptcy all my hard work is gone ...
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

The creditor likely will not speak with you.....so you'd have to go through their lawyer.

And yes, you can file a motion to set aside the judgment or even appeal the decision if you have grounds to do so -- such as being able to prove that you weren't properly served. The court file should demonstrate whether or not and how you were served with process.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

You're right that bankruptcy will harm your credit for at least a decade, but a judgment could hang around longer than that. So, it's a tough position either way.

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Customer reply replied 2 years ago
can I call their Lawer and try to work it out or the best is to obtain a Lawer ?
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

But, at least the bankruptcy would put the issue behind you.....unless you could set the judgment aside, but even then, it's likely that it would only provide temporary relief as your creditor could serve you/cure the defect and proceed to obtain the judgment (as I assume that you don't have a defense to the money owed). So, fighting could only prolong the inevitable.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

Your best option is to hire a bankruptcy lawyer to make contact with the creditor and inform the creditor's lawyer that IF a deal is not worked out, that you'll have to file bankruptcy and the creditor will get nothing.

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Customer reply replied 2 years ago
But if I pay creditor isn't jugment becomes as satisfied? Or is it still show on my credit report ?
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

The judgment will appear on your credit until it is paid off or settled.

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Customer reply replied 2 years ago
when it is settle then it is removed?
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

At that point, a notation can be inserted that it has been paid/settled, but it will still remain for 7 years......regardless.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

It will not be removed unless the creditor agrees to do so early (and it has no obligation to do so), and that's not likely to happen.

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Customer reply replied 2 years ago
Oh boy this is like nightmare ... After so many years
Customer reply replied 2 years ago
I don't even understand how this can happened ...
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

Yeah, it's no good way out if the judgment has already been filed. IF the judgment hasn't been filed, you could work a deal for the creditor to hold (not file) the judgment in exchange for a payment plan.....but if it has been filed, there's no removing it from the records or from your credit -- except to wait it out.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

But at this juncture, your best option is to consult a local bankruptcy attorney and have him/her make contact with the creditor and advise that if they don't work out a deal, you'll have no choice but to file bankruptcy and discharge the debt.

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Customer reply replied 2 years ago
Can they still be willing to settle one lump of sum ?
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

Sure, and that's really what the creditor would prefer to receive (mainly because most people don't complete payment plan arrangements and opt for bankruptcy eventually).

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Customer reply replied 2 years ago
I was trying to contact a Lawer and it was bankruptcy and he said if I am. Not willing to file for bancrupcy he. Can not help
Customer reply replied 2 years ago
is it the best try to settle or file motion to set aside ? How soon they can start garnish ?
Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

You can visit www.martindale.com and search for an attorney in your area that handles debt reductions and workouts (in addition to bankruptcy). Many bankruptcy attorneys operate like an assembly line and they don't want anyone who doesn't simply want to file chapter 7). So, you may have to do a little calling around to find someone willing to actually help you with a debt workout as opposed to just filing and moving on.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

If you have legitimate grounds to defend the judgment (claiming that it was obtained improperly) or if you have a defense to the amount owed when/if the judgment is set aside, it could be worth it, but most of the time this is not fruitful -- because at the end of the day -- the money is owed and there's no defense to that.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

As for a garnishment, most creditors can begin 30 days after the judgment has been filed (as that is the expiration of the appeal window). But, who knows when this creditor may begin.

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Bankruptcy Lawyer: Roger, Attorney replied 2 years ago

The window for this question has expired, so I may not be able to continue posting answers (I'll respond as long as the window allows me to)........but I hope I've answered your initial question. If so, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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