COURT JUDGEMENT: I am a single parent, no property, no automobile

[jrobin52]

Hello, I have been filed a judgement by the courts for $9018.04 for one collection agency. This agency has been attempting to collect this debt for a year and 3 months. I am a single parent, no property, no automobile (in my name), just a college student.I have no means of steady income to make "payments" and I'm scared to rush into filing bankruptcy due to the face that it will stay on my already bad credit report for 10 years. What shall I do at this point?

[AFFA]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

I wish to inform you that you can seek payment plan or alternatively you may take loan at present and pay back to collection agency and return new loan at some future date. As you are not having assets thus you will have to take unsecured loans which may be obtained at high rate of interest and may be difficult to obtain. You can thus balance bankruptcy proceedings with available options.

AFF

[Disagreeable]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

Get a job. Nowhere is it written in the constitution you have the right to run up bills you cannot pay, so you can go to college.

[Unregistered]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

who ever said i used the credit to attend college??? (waiting)

[goddessoflubboc]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

You are currently what they call "judgment proof". A bit of a misnomer as clearly they got a judgment, but depending on your state you may be collection proof. At least for now.

If the creditor stays on top of it and renews it after ten years at that point they may be able to collect from you.

[Disagreeable]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

who ever said i used the credit to attend college??? (waiting)

You really are not college material if you are not smart enough to understand you have an obligation to pay your bills, which is greater than your right to attend college. I'm waiting to hear what you heard also. Since your hearing is as delusional as your sense of self responsibility, I doubt whether it will happen soon. Otherwise you would already have gotten a job, instead of coming here attempting to figure out how to sit on your tail and not work. If you attempt to file bankruptcy, the judge will want the same answer. He is smarter than you also.

[Friend In Court]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

Hello, I have been filed a judgement by the courts for $9018.04 for one collection agency. This agency has been attempting to collect this debt for a year and 3 months. I am a single parent, no property, no automobile (in my name), just a college student.I have no means of steady income to make "payments" and I'm scared to rush into filing bankruptcy due to the face that it will stay on my already bad credit report for 10 years. What shall I do at this point?

The judgment will stay on your credit report for the statutory limit and should you have income, garnishment is the next step.

Since your credit is already "bad" as you describe it, a bankruptcy might be just what you need. You will be out of college before the statute of limitations runs to collect on this debt and the earnings from your first job will be subject to being attached. And you will have not just you and your child(ren) to support, probably a college loan to pay off -- but an employer will see that judgment and it might be a barrier to hiring you in the first place.

For whatever reason the debts were incurred, the bankruptcy laws were written for situations like yours -- to give a person a fresh start. A clean slate, even with a bankruptcy on your record, might not only take the debts off your back but improve your employment opportunities once you finish school.

[Friend In Court]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

By the way, a creditor cannot unilaterally 'renew' a debt. Once the statute of limitations has run to collect on it, that's it. They can no longer collect.

[sandyclaus]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

By the way, a creditor cannot unilaterally 'renew' a debt. Once the statute of limitations has run to collect on it, that's it. They can no longer collect.

They aren't renewing a debt. They would be renewing a JUDGMENT. That has a different statute of limitations for collection, which CAN be renewed every 10 years or so (depending on the state).

[Disagreeable]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

For whatever reason the debts were incurred, the bankruptcy laws were written for situations like yours -- to give a person a fresh start. A clean slate, even with a bankruptcy on your record, might not only take the debts off your back but improve your employment opportunities once you finish school.

Bankruptcy laws were written for people who were overwhelmed by their debt. in spite of their attempt to pay it. OP has not attempted to get a job and pay it. The court will likely reject OP's application. However, I encourage OP to pay a lawyer to file the proper paperwork and waste $500 or so, that could have been applied to their debt.

[Friend In Court]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

They aren't renewing a debt. They would be renewing a JUDGMENT. That has a different statute of limitations for collection, which CAN be renewed every 10 years or so (depending on the state).

It would be helpful if you would list the states in which judgments that have run their 10 year statute of limitations can be 'renewed' by the judgment creditor.

[sandyclaus]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

It would be helpful if you would list the states in which judgments that have run their 10 year statute of limitations can be 'renewed' by the judgment creditor.

Here is a site that lists the specific SOLs on debt collections:
Statute of Limitations on Debt

Note that on footnote 1, it indicates that judgments can be renewed prior to the expiration of the SOL. California happens to be one of those states. Here is the statute that provides for it: CAL. CCP. CODE § 683.120 : California Code - Section 683.120

If we knew what state OP was in, we could refer them to the appropriate section of law for their state.

Note that OP's judgment doesn't appear to have expired yet.

[goddessoflubboc]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

Many states also do not allow wage garnishment for anything but child support and IRS.

OP needs to provide her state and date of last payment for better information. It varies too wildly state to state.

[Friend In Court]

Re: COURT JUDGEMENT: I am a single parent, no property, no automobile

The bankruptcy laws were meant for a "fresh start",both for individuals and companies. This single mom is trying to improve her life by returning to school, so she can better support herself and her children. If ever there were a case to be made for a 'fresh start,' these circumstances warrant it.

Those who have been harshly judgmental I trust hold the same sentiments for the Megabanks who while interest rates they pay for their money was 0.25% lent it out to wage earners on ARM's at 4.75% (bankers have told me they can make a good profit servicing loans on only a 1.5% spread) -- then raised it to 8.13% while still paying only 0.25% for their money -- forcing millions into foreclosure and bankruptcy. And hold the same sentiments for the companies that declared bankruptcy, Hostess Bakery most recently -- and did not castigate them for misreading the market -- that people were going for natural,whole grain breads now and their full of artificial ingredient, high calorie, low nutrition snacks were passe. Hostess is cramming down its creditors to 10 cents on the dollar -- or practically zip if it does not realize enough from the sale of its recipes for 'will last until the next Ice Age" Twinkies and Ding Dongs. I trust those who have chastised this woman with "pay your bills" hold the same sentiments for the businesses, too, that stiffed their creditors by filing bankruptcy. And think fondly of the banks while being bailed out and sitting on billions in cash, cut off business loans leaving Main Street businesses to buy their inventory and pay expenses on credit cards -- and then raised rates from 12% to 30% -- forcing many businesses to close their doors. While still paying 0.25% for the money they were loaning out.

One thing to consider when contemplating bankruptcy is one's wage earning status. The bankruptcy laws were changed so that wage earners now are shunted in Chapter 13 so the bills can be paid over years. Chapter 7, a "wipeout" is available to those who have no regular, predictable income -- like those unemployed or self employed.

I strongly suggest the poster consult with a bankruptcy attorney about her options and the reality of clearing out her debts so when she graduates she can start with a clean slate. After bankruptcy one can usually restore their credit in only a couple of years, too.

Good luck to you and your family.