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I received a letter saying "notice of debtor of exemptions"

I received a letter...

I received a letter saying "notice of debtor of exemptions" I do not know what this means. I have been making all payments on my defaulted loan.

Lawyer's Assistant: What state is this in? And when did the issue begin?

Missouri. The original judgment was exactly one year ago. I received this document a couple of weeks ago. I also received a document another court document that I am unsure what to do with

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

This document says the original date judgment was entered was 9/1/16

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The original balance of the judgement was $7791, now on the latest document it says $9042. I've paid $300 every single month since last September. Why would the balance have gone up? n

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Answered in 23 minutes by:
9/5/2017
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,172
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I have not seen the letter. However it seems to mean that for one reason or another, they have filed suit against you. A notice of debtor exemptions is a legal notice of things that the creditor cannot attack for judgment. Without knowing more, it is hard to say. However someone in your situation may wish to FILE AN ANSWER with the Court (if this has already not been done) and call the creditor to see what is happening and why this is going on.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Customer reply replied 5 months ago
How do I file an answer with the court? Is there more information that I can provide you to help with answering my question?
Customer reply replied 5 months ago
Also, I am confused how the balance is the judgement against me increased. I'd like to pay the debt off and be done with this. But I've been paying on this for an entire year, and some how instead of balance decreasing, it increased

Were you served with a lawsuit? Or is there a lawsuit open against you?

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Customer reply replied 5 months ago
I was served with a law suit last year. I went to court and we agreed that I'd pay $300 a month until the debt was paid.
I received a new court document this week, but I believe it was a court document seeking to garnish my wages. Please forgive my ignorance, this is all a foreign language to me. I can provide you with a case number ***** you'd like

Okay. No problem. Okay... it sounds like there is a judgment against you. I do not know how/why the creditor got one, but they can only try to garnish wages once there is a judgment.

Someone in your situation simply needs to call the creditor immediately tomorrow to see what is going on and why they asked for (and got) a judgment. There is very little else I can say, I am afraid.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 5 months ago
Is there a way that this can be reversed? And is it possible to just pay the debt in full and make this go away?

Reversed? The creditor has to agree. Or the Court has to reverse it. It is very hard to say because we have limited facts.

If you pay the whole amount due, then yes, the matter should be settled, but you have to check how much the JUDGEMENT is for.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 5 months ago
For some reason, the current judgement is for $2000 more than the original judgement of $7761 that was a year ago. Even though I've paid $3600 ($300 every month for the entire year) I guess I am unsure what I need to ask the creditor specifically.

No problem. Suggestions:

"Why is there a judgment against me when we agreed that there would not be provided I pay in installment? Or did I misunderstand?"

"Please clarify the calculation of the judgment? Are attorney fees included, is this why it higher?"

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 5 months ago
That's helpful. Is this something I could potentially resolve over the phone with the creditor? Or will I need to go back to court?

I would call the creditor tomorrow. Whatever is agreed upon must be in writing and signed - nothing verbal will be enforceable. If there cannot be anything agreed upon, you'd have to go back to court, I am afraid.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 5 months ago
Should it come to that.... how do I request to go back to court?

Oh boy. Well, first of all you should be NOTIFIED of any hearings by the other party should they file them.

If you wish to try to set aside the judgment, it becomes very complicated. I am afraid you'd need an attorney.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 5 months ago
Well, then I don't want to do that. I just want to pay it off...but I don't want to pay more than the original judgement. I suppose I'll just see where I get with calling them tomorrow. One last question. Typically I just deal w the non attorney who's handling my case (the lady who takes my payment) am I able t speak w the attorney handling the case?

Up to them. Normally if you deal with a paralegal, they should be able to answer all your questions. However if you say that you will pay off the amount if you can talk to an attorney, that should get their attention. I guarantee it.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,172
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 5 months ago
Ok. That is all very helpful. Thank you very much!

You are very welcome. Good luck. Let me know what happens if you care to.

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Customer reply replied 5 months ago
I absolutely will!

Great.

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Ely
Ely
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Category: Legal
Satisfied Customers: 103,172
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