homestead act, judgement, settlement???

[mattyndavidsmom]

What is the name of your state? Utah

I have recently been given a default judgement against me by a credit card company. I am trying to get a set aside as proper service was NOT done. But, in the event that I don't get the set aside for some reason here are my questions:

I am set for a hearing on 1/16 to disclose my property. If I file the paperwork for the Utah Homestead Act today, am I covered? This basically doesn't allow them to touch the first 20k in the sale of my home.

Can they take my only vehicle? I have read the laws and Utah law says I am allowed one vehicle under the value of 2500. I only have one vehicle and it is valued at over 2500. I just bought it knowing that I might have this judgement on my credit making it harder to purchase down the road.

I am moving to Wyoming and am going to register my car in Wyoming so the above question may be mute, is this correct?

Anyone know what the proper procedure is to change the date of the hearing if I don't get a set aside? I am in the process of moving and am currently in Nebraska enroute to Wyoming. Will I have to keep going back to Utah for the hearings or can I request that it be moved to Wyoming?

I would like to settle with the Attorney firm...anyone know how to go about this. Any help is appreciated.. Thank you

[Ladynred]

Wait - You're IN Nebraska - your GOING to Wyoming, and you were SUED in Utah ?? Where was your PRIM-A-R-Y residence when you were sued ????

The UT homestead exemption is as follows:

Under the Utah Exemption Act (Utah Code 78-23-1 et seq.), a person's homestead is exempt from judicial lien and from levy, execution, or forced sale except for statutory liens for property taxes and assessments on the property, security interests in the property and judicial liens for debts created for the purchase price of the property, judicial liens obtained on debts created by failure to provide support or maintenance for dependent children, and consensual liens obtained on debts created by mutual contract. (Utah Code 78-23-3(d).)

A homestead may consist of a dwelling or mobile home and the land surrounding it, not exceeding one acre, which is being used as his prim-a-r-y personal residence. The amount of homestead exemption an individual may claim cannot exceed $20,000 in value. If the property claimed as exempt is jointly owned, each joint owner is entitled to a homestead exemption but the maximum exemption may not exceed $40,000. (Utah Code 78-23-3(1).)

If you have a home that is your prim-a-r-y residence in Utah, you CAN claim that exemption along with all the other exemptions available to you.

Can they take my only vehicle? I have read the laws and Utah law says I am allowed one vehicle under the value of 2500. I only have one vehicle and it is valued at over 2500. I just bought it knowing that I might have this judgement on my credit making it harder to purchase down the road.

How much EQUITY do you have in the vehicle. Its not what the car cost you or what its worth, the $2500 exemption goes to EQUITY -same as a house.

I am moving to Wyoming and am going to register my car in Wyoming so the above question may be mute, is this correct?

Not necessarily. If you go to Wyoming they can still pursue you there and then Wyoming exemptions would apply.

Anyone know what the proper procedure is to change the date of the hearing if I don't get a set aside?

Call the court clerk and ask what you need to do.

I am in the process of moving and am currently in Nebraska enroute to Wyoming. Will I have to keep going back to Utah for the hearings or can I request that it be moved to Wyoming?

You can file a motion to change venue, yes.

I would like to settle with the Attorney firm...anyone know how to go about this

Well, since they have a judgment against you its not going to be easy but the first thing to do would be to contact the attorney and open negotiations.

[Chien]

Just to supplement some of LNR's information:

Many who post here don't seem to realize that, normally, a motion to vacate or set aside a default judgment requires that you subject yourself to the jurisdiction of the court to do it. In other words, if you're successful, things don't go away; they just start over. Haven't doublechecked Utah, but would be surprised if it's different.

That means that, if you're successful, the trial on your credit card liability just starts anew. If the creditor sees assets in Utah or doesn't like the prospect of going to Wyoming, I think it's unlikely that you'll get anything changed, and the creditor would vigorously oppose any such request.

As to the procedure to change the hearing date, have you even filed your motion to set aside? One way to change the date would be to simply ask the attorney for a later date. When they learn the reason, I doubt that they'll agree but, if they do, that's the easiest way.

Another way would be to seek an expedited hearing on your motion on a date prior to the 16th. There are ways to do this, but you're probably running out of time, if you haven't already. Still, you can investigate and possibly try. The reasoning that you use with the court is that, if you're successful with your motion, if follows that there is no longer a judgment, and from that it follows that there is no longer a basis for an asset exam. The reasoning should make perfect sense to the court, but I'm afraid you may have waited too long. If so, you have to persuade the court that, in fairness, it should continue the asset exam until there has been a hearing on your motion.

Good luck, if they learn that you're leaving the state.

[debtcollector`]

Don't forget that as soon as the OP moves to WY, the Utah homestead no longer applies.

DC

[mattyndavidsmom]

Here's the deal...I am only going to Wyoming temperarily through September of next year. I will keep my home in Utah (which is actually sold already but the sale hasn't became final yet) where my oldest son is staying to finish up his last year of school. So how do I do this? Maybe I don't want to necessarily change venue then? It's not a move but a temporary living arrangement . My fiance is going there for a job and my youngest son and I will be with him while he is there. We both reside in Utah. I did already file for the Motion to Set Aside but I definately cannot be there for the asset exam. What is my best move? Should I call the opposing attorney and ask for a different date? Should I try and settle with them? I don't yet know the results of the set aside ...should I call the court clerk to see if a decision has been made on the motion? Any help is appreciated. I would REALLY like to avoid court altogether and work with the attorney to come to some agreement on a settlement.

[debtcollector`]

Originally Posted by mattyndavidsmom

I would REALLY like to avoid court altogether and work with the attorney to come to some agreement on a settlement.

Then do it. Call the attorney and say just that.

DC

[mattyndavidsmom]

I will call them. The debt is for 9k plus 7k in "fees". What should I ask for in a settlement? Cause even if they win...I don't have anything....I am on disability and get child support. They can only get 3k from the sale of my house