Enforcement of Judgment

[SDMom007]

What is the name of your state? California

First I will highlight was has happened.
- Around 2003-2004 I stopped paying my debts due to my husband losing a business
- Relocated in 2004 to live with in-laws to try and save
- Jobs were hard to come by so we relocated in Dec '04 to CA - my husbands previous employer rehired him
- We are a one income family, I have worked part-time in the past since moving to CA, but have not since a year ago.
- All our new debt since moving to CA is in my husbands name only, except for one store card I just got in Dec (to try an repair my credit some what, I'm even on a secured checking account with my credit union)


Well I just recently reviewed my credit report and found a judgment. I was not aware of this and do not remember ever getting a summons to go to court. I just received an enforcement of judgment today and due in court on May 2. It says that I am to furnish bank statements, tax returns, income from employment, credit applied for, vehicle documents, etc.

I know I have to go to court and provide this all, but what will happen. Is there anything else I should or could do???

 

[JETX]

Well I just recently reviewed my credit report and found a judgment. I was not aware of this and do not remember ever getting a summons to go to court. I just received an enforcement of judgment today and due in court on May 2. It says that I am to furnish bank statements, tax returns, income from employment, credit applied for, vehicle documents, etc.

I know I have to go to court and provide this all, but what will happen. Is there anything else I should or could do???

Pretty simple.... comply with the request. If you don't, you will be ordered to appear in court and answer their questions there. And if you refuse that, a warrant could be issued for your arrest (contempt of court).
All in all, not a good position for you to be in.

 

[SDMom007]

After I do appear in court and provide the necessary documents, what might be the likely verdict?

I've thought about bankruptcy as well, but that costs money that we do not have right now. No other creditors have tried to contact me, other than this one, is bankruptcy a possible route?

 

[brcr44]

bankruptcy?

in 2002, i received a notice stating that a judgement had been given to a creditor. I was never invited to court. Since at the time we were in major debt we went to a lawyer and were told to file bankruptcy chapter 7. Usually you have to fill out all the paperwork so make sure you have everything. You can file on your own you don't need a lawyer. Just go to the court house and they have the papers that you would need. Next step, if you decide not to then they will garnish your husbands wages. How much i don't know sometimes they state up to 15% of the debt at least where i am (not CA). So your best bet is to ask a lawyer (consultation is usually free) especially if you have more debts that may end up this way.

 

[NEOhioChick]

Here is your options...get the money together to get a bankruptcy or force the place to take all the money that you do have. They don't care that you are living on one paycheck, they don't care that if they get the judgment and take half of your husband's paychecks that you won't have enough to live off of. Your best bet is to file for bankruptcy and NOW!

 

[Texas Pooh]

After I do appear in court and provide the necessary documents, what might be the likely verdict?

It's not a matter of a verdict. It sounds like the creditor is trying to enforce the judgment already entered, so there is no further verdict required. Is it possible that you were sent an earlier request for information, which you didn't answer? It sounds like the hearing is to require you to comply with the request for information. If I'm guessing right, then the outcome of the hearing is that you will have to comply and provide the documents.

It would be helpful if you could provide more information about the hearing.

You need to determine what assets you have that are subject to execution/garnishment in California. There is a lot of information available on these forums about what assets are exempt.

Once you've figured out what can be attached, determine if you can propose a payment plan that gives the creditor those assets and still allow you to live. If so, propose the plan to the creditor, making sure you explain its the best they will do under the circumstances.

If you can't propose a plan, look at bankruptcy. But remember: you are still going to have to turn over non-exempt assets in a bankruptcy to creditors, and you will be placed on a very strict allowance. Bankruptcy haunts you for a very long time. It is not some magic pill that makes the debt go away.

 

[Chien]

Geez, that’s a buffet of responses. You may be more in need of advice than you were before.

Part of the problem is that you’ve got us guessing. There is no such thing as “an enforcement of judgment” in CA, so it’s not clear what you received today. My guess would be an Order for Appearance and Examination (look in the bottom left corner for “EJ-125” or tell us a different designation). While it would be unnecessary but convenient for the creditor, maybe some kind of production subpoena came with it.

If that’s true, TP’s guess is sending you in the best direction. JETX is right about the consequences of ignoring an ORAP. The same would be true about a deposition and production subpoena alone, but you have a court date and that just suggests the easier and cheaper way to accomplish the same goal.

While well-intended I’m sure, NEOhioChick is way too extreme. Nobody can get one-half of H’s paycheck and force you below subsistence level. Without even knowing whether you’re concerned with $5K or $5M, why immediate BK would be suggested is beyond me.

brcr44 has a point about seeking a consultation, if the debt situation is insurmountable, but, for the moment, you’re concerned about one.

If TP and JETX are making the best guesses, you may need to go to court but, if you contacted the people who were responsible for ordering you in, sent them copies of all of the documents now and explained that your situation was forcing you to consider bankruptcy (if that’s true), they could review them, verify them and “release” you from the need to appear. It happens regularly. They want information, not a trip to court to get it that way. It doesn’t hurt to call and ask.

 

[SF439]

Here in California, we are a community property state so the debt of your husbands is your debt as well.
You can protect your primary vehicle, $75,000 of equity in your home for 1 person, $150,000 for married couples. You can also protect, I believe it's 80% of your monthly income. I'm not sure about that part, I can't recall the exact amount.
Your best option is probably to file for chapter 7. The fee, the last time I checked, was $250 filing fee. If you are savvy you can do the paper work yourself and save the atty fee. If not, get an attorney, they accept payments but will not file until you've paid them or you can turn around and include the atty in the bankruptcy.
But, you do have options and can save some of your assets if you decide not to file.

 

[Ladynred]

Here in California, we are a community property state so the debt of your husbands is your debt as well.

That isn't necessarily true. You don't know the extent of the husband's debts, whether any of it is pre-marital or anything else.

If you are savvy you can do the paper work yourself and save the atty fee.

Again with this dangerous advice. I'm more savvy about BK then most people and even *I* would not attempt to file bankruptcy under the current law w/o an attorney. It is just TOO RISKY and unwise to go pro se any more.