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I have 2 credit card judgements being filed against me as we…

I have 2 credit card...

I have 2 credit card judgements being filed against me as we speak.I live in upstate new york and these will be for about $1800 each and were handled in civil court ( under $5,000) part of the small claims court area of the courts.I had agreements signed with them and lost my job and we have already been to court ,Hence how the agreements occurred. They know where my house is but don't know that we havent paid the mortgage in 26 months ,so the house we sell for alot less than we owe.( $250,000 loan ,13,000 back taxes ) and sells for 220,000 on our street.They also know where my bank accts were that are all closed for 30 days or more ,so no money there to get.I don't own any vehicles at all and we only have a bank acct in my wifes name only.We only have personal property ( not much ) stove,bed,Tv couch Etc. Questions 1), at the time the judgement is entered ,can they get a writ of execution at the same time knowing where my house and where my bank accts used to be.? I assume they don't have to do an information subponea or bring me into court to answer questions as they would just pounce using these two items above.? 2) I assumed they would have to locate all my assets first by subpoena once the judgement is entered and that would come from the court to me with questions to answer.? 3) When the sherrif comes with his writ does he take my personal bellongings right there on the spot,meaning he come with a big truck.? Or does he come and want to look around at what we have inside the house and he come back later.? Do they really take people personal belongings in cases like mind.? 4) as to the house even if they put a lein on it how would they know we are behind that much unless we told them as no foreclosure papaers have ever been served on us, so it might look as is we are clean.? 5) I don't understand the time frames ,and how they would know anything about us at all if they don't ask first ,or do they just pounce knowing where the house is and take all our stuff. 6) can you walk me thru this process abit .I hear they usually go after wages,house,cars,.I'm not worried about a lien on the house as we are going to lose anyways down the road.My wife has a car in her name for years now ,so we are okay there,and I'm not working ,so no money to get.I'm worried about my house inside getting cleaned out. 7) should i approach them and tell them about the house ,my job loss,no car, by certified mail ,so they don't over react.I not sure if i can stopp all of this mess.?I'm not sure of the time frames like if the got the judgement tuesday the 4th.How much time do I have and what do they have to do before the come to the door.?

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Answered in 11 minutes by:
9/4/2012
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,913
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about the difficult financial situation that you are in, but please have hope as there are millions of Americans who are in similar or worst situation due to the economic crisis and hopefully things will get better soon.

Even if these credit card companies obtain a judgment against you, they would not generally be able to seize any assets that are in your wife's name only, unless they can prove in court that you are hiding your assets under your wife's name in order to avoid creditors, which is extremely difficult to prove and in most cases is not done by creditors.

Generally, the judgment creditors would only go after your wages, tax refunds, vehicles, bank accounts and real estate.

Since you do not have either of those assets currently, the credit card companies in most cases would never try to seize any of your personal belongings / contents of your house, as that would expose them to a great liability, as the belongings might not belong to you and might belong to other tenants in the house and also in most cases used belongings are pretty much worthless.
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Customer reply replied 5 years ago

Thankyou for your kind words .


Can they request the writ at the same time theyask for the judgement as they told me by letter that they have sent it to the court already,or do they have to go thru due process and serve me with paperwork as where everything is.? The sheriff can't do anything until they tell where everything is --correct.?? Knowing where the house and bank accts are might be enough to get the writ at the same time and move fast on me.?


 


These are my last questions -Thankyou for your help.

Dear XXXXX,

Did you already enter into a settlement agreement during a lawsuit with these credit cards company and did the agreement state that if it is breached by you that a judgment shall issue without further court proceedings?


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Customer reply replied 5 years ago

Yes that is correct .

Customer reply replied 5 years ago

yes

Thank you for your follow up Scott,

Unfortunately, if you have breached the settlement agreement, the attorneys for the credit card would still hold a hearing to obtain a judgment against you and you are entitled to receive the notice of hearing and to argue your position, but as long as the lawyers for the credit card companies can show to the court that you did not make payments as agreed, it is more than likely that the judgment will be issued against you.

There is no notice requirement for the writs based on judgment and you would generally not find out about the writ, until it is executed by the judgment creditor.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,913
Experience: Experienced Licensed Attorney
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