Questions about CC Judgement and Court

[Babybee]

What is the name of your state (only U.S. law)? Indiana

I just received summons to appear in court in Vanderburgh, but I live in Orange County. I do not drive and my husband was denied the day off to take me--I have no other way to get there. I was wondering what I should do about that. Can I, being the defendant, ask for a day that my husband is off so I can get there or do they expect me to find a way no matter what?

I am not disputing that I owe the money, but I work for tips and my paycheck is never the same. How does the court handle garnishment with that? I'd really like to offer a payment plan of so much monthly, as there is no way I can come up with $4661 or even $1000 all at once. My paychecks barely cover the house payment (which is not in my name) and our groceries for the month, not to mention my 2-year-old's diabetic supplies. Is it a good idea to call the lawyer's office before the court date and offer a payment plan, or will I just get laughed at?

I am also wondering if it is common to serve someone less than 2 weeks before the court date. My employer requires at least 2 weeks to get off and I don't even know if they'll approve the request. I know they "have" to, but they don't have to approve the paid time off.

I'm sorry for asking so many questions. Thank you.

[JETX]

Originally Posted by Babybee

I just received summons to appear in court in Vanderburgh, but I live in Orange County. I do not drive and my husband was denied the day off to take me--I have no other way to get there. I was wondering what I should do about that. Can I, being the defendant, ask for a day that my husband is off so I can get there or do they expect me to find a way no matter what?

Contact the court IN WRITING and ask for a continuance. Include what day you would like to have the case heard. the court will consider and decide.

[seniorjudge]

Q: Can I, being the defendant, ask for a day that my husband is off so I can get there or do they expect me to find a way no matter what?

A: Yes. Adding to the other answer, I'd also suggest you call the opposing attorney and ask for a continuance.



Q: How does the court handle garnishment with that?

A: This varies from state to state; the garnishment lasts a certain amount of time and the court gets what it can get.



Q: I'd really like to offer a payment plan of so much monthly, as there is no way I can come up with $4661 or even $1000 all at once. My paychecks barely cover the house payment (which is not in my name) and our groceries for the month, not to mention my 2-year-old's diabetic supplies. Is it a good idea to call the lawyer's office before the court date and offer a payment plan, or will I just get laughed at?

A: If you have some money up front (say $500 or so) they may want to talk to you after they get their judgment. You have to remember that you've already failed in your first payment plan.


Q: I am also wondering if it is common to serve someone less than 2 weeks before the court date.

A: That is quite normal in most cases like this; it is probably state law.

[Babybee]

Thank you for your replies!

The other thing I just noticed is that they have my employer wrong. Our company changed hands at the beginning of the year and they still have the management company we were "employed" by instead of the right one. Should I call the lawyer and tell them about that?

[seniorjudge]

Originally Posted by Babybee

Thank you for your replies!

The other thing I just noticed is that they have my employer wrong. Our company changed hands at the beginning of the year and they still have the management company we were "employed" by instead of the right one. Should I call the lawyer and tell them about that?

Who has your employer wrong?

The court?

The lawyer?

Anyway, yes, get that corrected if you can.

[Babybee]

I'm assuming the lawyer, but don't know for sure. I'm going to call Monday to find out if it's a mistake on the part of the lawyer.

I wrote and mailed today requests for a continuance and notification about the mistake.

[Babybee]

I talked with the judge's office and she said she could not grant me a continuance; only the plaintiff could. I still have to show up for it, which is causing much hardship for me and kind of pissing me off.

I have called their attorney and all I get the 4 times I've called is their answering machine. They have not called me back and I seriously doubt their intention to.

What I'm asking now is if there is anything I can do to prepare for it? What should I bring with me? One of my friends suggested giving the court a work-up of my last three months' pay and my outgoing bills, as well as copies of everything that I already owe. I don't know if this is going to help me at all. Does the court usually care how much the garnishment is for, or is it always 25% of after taxes? The only thing I can find online is that it "can be up to 25% of disposible income." How do they even determine that? The IN website didn't specify what the "allowances" are. If it's up to 1/4 of what I'm making, how do they expect someone to pay for housing, food, and utilities, much less medical supplies? My 2-year-old son is diabetic and we're expecting our third in February. What will they do during my maternity leave when there is no money coming in?

Considering what I owe to everyone and how much I make, I'm seriously considering declaring bankruptcy. I've been fighting it for years but I think I've been defeated in trying to keep up with all the bills that I've been paying on while stupidly ignoring some of them.

Another friend suggested that I call the original creditor and ask for a settlement, but if it's already this far, is there even a point to that?

Sorry for more questions.