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Old 08-15-2009, 09:51 PM
 
Location: Living on the Coast in Oxnard CA
16,244 posts, read 27,777,831 times
Reputation: 21574

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From what I see you need more income or a way to share the cost of your living expenses. I agree with JohnG72 on this question. Either a second job, overtime if youir company has the need, work from home, rent a room. Do what ever you can to cover your debts and obligations.
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Old 08-15-2009, 11:43 PM
 
Location: H-town, TX.
3,493 posts, read 6,020,996 times
Reputation: 2190
Quote:
Originally Posted by fatmancomics View Post
Contact legal aid. Why would you choose to listen to a bunch of strangers on the internet instead of a real lawyer who will give you actual, factual advice for FREE?
?

A judge will take a look at the budget the OP will have put together in time for the court date and tell her that she has a house to sell at the very least.

This is not rocket science.

Lawyers aren't magicians.
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Old 08-16-2009, 12:06 AM
 
3,440 posts, read 7,369,410 times
Reputation: 2393
Quote:
Originally Posted by Vanessa1919 View Post
I have a wage garnishment that already went through even though I filed an exemption with the LA Sherrifs office.

Because I filed the exemption I have a court date.

The problem is Ive never been in debt in my whole life and im 28, I dont know what to bring to court.

I was just approved for a loan modification which means my home was on the brink of foreclousure, but now my payments are doubled to 1800.00.

My salary alone is 2700.00, and I have a car payment, gas, food, electric, water, and credit card bills.

Would I present these to the juge indicating that is why I cannot afford to have my wages garnished?

Would the judge allow me to settle even though I tried with the collection attotney and was denied?

BTW This was an 800.00 medical bill that a collection agency puchased and added about 1200 worth of fees.

Both my parents are LAPD and my mom happened to pass away and Im an oly child and was on a leave of absence due to the fact of the way she died and I did not have medical.

Should I bring that to the judges attention and bring the death cert, and get something from my employer for the leave of absense.

Hmm, something is not adding up. You have never been in debt your whole life but you let a 800 dollar bill get to 2000 dollars which takes at least a year or 2 or more....

Not to bash you but this is the same type of mentally that gets people in trouble with traffic tickets; things only get worse when you ignore it but when they garnish wages or suspend your license it's panic mode... No worries I have been there... (lol)


Anyhow, you ONLY owe 2000 bucks right? If so, why waste MORE money on a situation that you can fix on your own because the dollar amount is so small.

My advice would be: If you don't have the money borrow it from a friend/family.

Have a yard/ebay sale to make some extra money and get rid of things you don't need in your home.

I would preform extra work but I would not do anything for less then 15-20 bucks an hour. It's not about being prideful as far a working for less it's about self worth YOUR NOT A SLAVE!

SHT#, worse come to worse I would even sell my car so as long as I could get to work on the bus because a roof over your head is more important then a stupid car.
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Old 08-16-2009, 12:22 AM
 
3,440 posts, read 7,369,410 times
Reputation: 2393
Quote:
Originally Posted by SOON2BNSURPRISE View Post
From what I see you need more income or a way to share the cost of your living expenses. I agree with JohnG72 on this question. Either a second job, overtime if youir company has the need, work from home, rent a room. Do what ever you can to cover your debts and obligations.

Be careful with renting a room if you have NO experience. Renting rooms is always presented (Bernie Madoff style) as a quick way to make an extra 500 bucks a month but it's really not always the case.

You need to do background checks, Credit Checks and you haft to have the time to interview random people who will come by the house which could take months.

When earning money from rental property you need to take your time because if you get the wrong person it can turn into a nightmare real quick so I would just stick to being aggressive in finding a way to physicly or mentally earn the money at a job to pay the bill off.
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Old 08-16-2009, 08:15 AM
 
11,151 posts, read 14,411,510 times
Reputation: 18808
While the suggestions on how to reduce monthly costs may be helpful, they don't address the OP's question, which is what she needs to do in relation to her court case.

So let's please stick to that topic.
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Old 08-24-2009, 07:15 AM
 
Location: where the moss is taking over the villages
2,178 posts, read 4,950,736 times
Reputation: 1242
Quote:
Originally Posted by Vanessa1919 View Post
I have a wage garnishment that already went through even though I filed an exemption with the LA Sherrifs office.

Because I filed the exemption I have a court date.

The problem is Ive never been in debt in my whole life and im 28, I dont know what to bring to court.

I was just approved for a loan modification which means my home was on the brink of foreclousure, but now my payments are doubled to 1800.00.

My salary alone is 2700.00, and I have a car payment, gas, food, electric, water, and credit card bills.

Would I present these to the juge indicating that is why I cannot afford to have my wages garnished?

Would the judge allow me to settle even though I tried with the collection attotney and was denied?

BTW This was an 800.00 medical bill that a collection agency puchased and added about 1200 worth of fees.

Both my parents are LAPD and my mom happened to pass away and Im an oly child and was on a leave of absence due to the fact of the way she died and I did not have medical.

Should I bring that to the judges attention and bring the death cert, and get something from my employer for the leave of absense.

Whatever you do: be persistent & have all the ducks you can think of lined up.

My thoughts but this isn't "legal advice" - just my impression of what you could do & what I would probably do...

I'd bet you could negotiate & talk straight with the judge. Bring all your papers. Be patient & wait your turn to speak. Speak clearly. Look the judge in the eye. Be sincere yet calm. Don't whine. You can be adamant as long as you don't appear furious.

I"ve talked to judges before. They appreciate it when you're completely to the point & don't waste their time. They do need you to tell them WHAT to CONSIDER. It's their job to consider the information presented.

Explain the fees tacked on to the original charges. Say you WANT to straighten it out. Say you HAD no idea what to do... you're in OVER your head. Keep your excuses simple & believable.

Or before the date... Consider this: sometimes there are agencies in a community that help people figure out how to resolve their debts. Call your city hall & ask if such an agency in your town exists. "Debt resolution" or "Debt counseling" or... more accurately: DEBT CONSOLIDATION. - If you do the homework & work out a plan to present to the judge, s/he will probably faint from relief.

A long ago bf went to a debt counseling company in the South Bay with his debts. He wrote down all of his assets which included his musical equipment. I don't think he even had a car then. He didn't have much but it looked good on paper.

The debt counselor contacted the people he owed & negotiated for a lower amount. Then the bf was given a loan & a repayment schedule.

In this time of national economic stress, this could be a good time to find help because so many emergency programs seem to be out there now...

Just don't let your credit card company know you have any issues or... you could have your interest go up & the credit limit lowered.

Good luck! I hope this turns out okay for you. The $800 doesn't sound so bad, but the fees do...

If you'd negotiated for a payment plan to begin with, it probably would have been workable... My past father in law who's nearly a pro crook told me collectors will always accept a negotiation for a lower amount, because they BUY the debt at a DISCOUNT.

Try as hard as you can to negotiate this. Sometimes people give in just to make me shut up... I think you can work this out. It isn't like $5k...

Last edited by sarahkate_m; 08-24-2009 at 07:35 AM..
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Old 08-24-2009, 07:31 AM
 
Location: where the moss is taking over the villages
2,178 posts, read 4,950,736 times
Reputation: 1242
If your mother's passing is something you can document & if it was... dramatic as I suspect, this could be a swaying factor.

The confusion one would feel after such an event is also compelling. A judge will listen & will want facts. So take her death certificate with your other documents to court ... if those facts are part of your story.

Sorry for your mother's passing. Things will get better. Hang in there. Just organize yourself & take it one step at a time. Do your homework before the court date.
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Old 08-24-2009, 10:40 AM
 
48 posts, read 145,040 times
Reputation: 28
stuffavail, please don't recommend an MLM to someone with financial difficulties.
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Old 08-24-2009, 10:14 PM
 
Location: Concrete Jungle
240 posts, read 1,346,616 times
Reputation: 194
First, contest all the added charges and the original judgment if you were not served with notice of the oriiginal court proceeding that produced the judgment they are now trying to collect upon.

Next, determine what you can pay to the creditor each month and recommend that amount to the judge. Support this by presenting the judge with your monthly budget that shows all of your essential expenses each month and that the amount you are offering to pay per month is reasonable given your circumstances. (This is suggested in Jerrold Mundis's book, "How to get out of debt, stay out of debt and live prosperously") Bring copies of receipts from last month to support your monthly budget so the judge can see that there is limited "discretionary" income available, that all income is already used for essential living expenses. (Make sure you are not including cable bills, or other luxury items in your budget) Clothing is fine, as long as the amount is reasonable, (ie. $50.00 a month)

If you have your mother's death certificate, bring a copy to court too, to show that you have been under unusual emotional stress lately.

If the judge makes an order for you to pay, you might want to ask the judge to require the judgment collector to notify the credit reporting agencies that this debt has been paid in full. (This could help you with your credit score later.)

Also, as stated above, before presenting any budget or other evidence, contest all added charges other than the original debt. If you were not notified of the original court hearing on the judgment from the original creditor, contest that too by telling the judge that you were not served with notice of the original court proceeding that produced the judgment they are now trying to collect. If this is true, then the court could possibly quash the collection action and make them serve you again with the original lawsuit, if the statute of limitations hasn't run yet.


This is not legal advice. You need to speak to a lawyer for that. Unfortunately, you probably earn too much money to qualify for legal aid but there might be a clinic at a local law school that could help you. You might try calling around to the different law schools in the area and ask them if they have a legal clinic that helps people with small legal problems.

Best wishes.
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Old 08-25-2009, 01:10 AM
 
1,297 posts, read 5,102,002 times
Reputation: 566
Just don't show up to court. just kidding (kindof) Bail the job. If you can't make an $800.00 medical bill and let it go to collection, your wasting your time at that job and most likely blowing your income every month.

Write down all your monthly expenses and draw a line though 80% of them. Eat to live. Dont drink, and find a better job. Your blowing your money somehow or your working minimum wage and still blowing your money. You shouldnt have a car. use the bus or a bike, move closer to your new job or move in with your parents and tell them your rent is going to be "zero". because it's their fault your where your at.

If you want minimum wage, move to a place where living expenses are cheaper.

If you go to court, bring documentation to back up what ever you say. The judge will dismiss anything you say verbally that cannot be verified with third party documentation. Dont bother dressing nicely, but dont dress like a slob or wear baggy rap star clothing. also dont rub your nose while talking, and dont repetitively use the words "uh" or "like"
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