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If I sign a Agreement for Judgement for a debt owed and that

debt is in a Debt...
If I sign a Agreement for Judgement for a debt owed and that debt is in a Debt Relief Program to make arangements for payment once funds are available will I have to pay were I'm already paying for the program to solve this.
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Answered in 9 minutes by:
8/2/2013
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,498
Experience: Retired
Verified
The debt relief agency can refuse to change your payment schedule, even if you have a different agreement with the judgment creditor.

Because of this possibility, you may want to talk to the judgment creditor and ask how much it is being paid by the debt relief agency. Then, you could ask that the judgment creditor to accept the debt relief payments as part payment under your new payment agreement, and then lower your payments under the "agreement for judgment" to account for the fact that you are already paying the judgment creditor under a separate agreement.

I hope this makes sense -- it's pretty complicated. If not, let me know what's not clear and I'll try to clarify it for you.

Hope this helps.
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Customer reply replied 4 years ago


The Debt Relief has not started paying yet because I have to add up the funds to do so and the Lawyer is aware of this. I don't want to sign anything if I have to pay extra because I am Retried and don't have the extra funds to do this because of the Debt Relief Program I'm in.


I know this debt will be paid because the program has help me reduce my other debts through them.


 


So I will go to the Court Date scheduled to get it advanced up till the Debt Program and Lawyer can negotiate a payment plan.

That's a good plan. Ultimately, the solution is to either cancel the debt relief plan entirely, or have the attorney arrange a deal with the debt relief plan so that you are not double paying.

Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 4 years ago


What if I don't show up for this second Hearing will they pass a judgement to garnish wages. My Husband and I are both on Social Security but my Husband still works because we need his income to survive and to pay our other bills like Rent etc. I tried explain this at the first Hearing but got nervous and can I ask for another extension to be able to work with the Debt Relief Program I'm in. The Debt Relief people did say that by September 2013 I will probably have enough funds built up so they can start negotiations with the people that are bringing us to Court.

Let's change the subject a little. Have you considered filing Chapter 7 bankruptcy?

Note: Many people find the thought of a bankruptcy beyond consideration, but reality is far different from perception in this area. Walt Disney, Henry Ford, Milton Hersey (chocolate manufacturer), Abraham Lincoln, Mark Twain all filed bankruptcy during their respective lifetimes. And Donald Trump -- his various business interests have allegedly filed bankruptcy four times (as of 2005).

So, before you immediately say, "Bankruptcy -- not interested" -- let's talk about it for a minute.

 

Question: Do you have any valuable assets or accounts that are not described on this webpage?

Thanks in advance.

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Customer reply replied 4 years ago

Yes, I thought of filing for Bankruptcy but you also need a Lawyer to do it and I couldn't afford one. Also the Lawyer for the Creditor taking me to the Hearing has worked with the Debt Relief Program I am in and should know it takes a little time to seattle things. I was told they could grant me another extension because the Program should be able to negotiate with them as of September 2013.


 


I know this is owed and am working on it to get it seattled and will let the Court know this.

Okay, thanks.

In my opinion, you are a very good candidate for a Chapter 7 bankruptcy, which would end all of these debt issues permanently and at once. Debtors whose only real assets are wages from employment, Social Security retirement, and perhaps some retirement accounts (IRA, 401(k)), can frequently "do-it-yourself" the bankruptcy and have only the filing fee and the fee for the debt counseling program. (approximately $500 total). If you want to investigate this further, than see this publication.

That said, you asked: What if I don't show up for this second Hearing will they pass a judgment to garnish wages.

A: Eventually, yes -- though perhaps not at the next hearing.

My Husband and I are both on Social Security but my Husband still works because we need his income to survive and to pay our other bills like Rent etc. I tried explain this at the first Hearing but got nervous and can I ask for another extension to be able to work with the Debt Relief Program I'm in.

A: You can ask for whatever you want -- however, the court must consider each sides rights, and if the creditor is entitled to a judgment, then the court is obligated to award it to the creditor. So, requesting another extension is probably not going to impress the court at this point. Note: The judge knows that you can file bankruptcy on the debts, so from his/her perspective, he/she can grant judgment to the plaintiff, and it still will not place you in an untenable circumstance, because you can file bankruptcy. The judge can't say this in open court, however, because that would be giving you legal advice, and demonstrating bias against the plaintiff -- which violates due process of law.

The Debt Relief people did say that by September 2013 I will probably have enough funds built up so they can start negotiations with the people that are bringing us to Court.

A: I can't comment intelligently about the debt relief organization. My experience with such organizations have been generally bad -- so, I'll just have to take your comments at face value and say that if you choose to go forward with debt relief instead of bankruptcy, I hope things work out well for you.

Hope this helps.
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Customer reply replied 4 years ago


The reason for staying with the program is when I started it I was $47,000 in debt and now am down to only $8,000 in debt and almost done. This is the only Creditor giving me a problem so hopefully I can resolve it soon.

I certainly hope so. Best of luck -- truly.
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Customer reply replied 4 years ago


Thank you for your help...

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