stressedincali
Junior Member
What is the name of your state (only U.S. law)? CA
I posted this in debt collections, but maybe I should've posted here?
Sorry, this may be long. I have been issued a Notice of Levy Execution Money Judgement. I did not know AT ALL what this was pertaining to, as I haven't had a judgement on my credit report. So after a stressful few days of trying to figure it out... I called the lawyer on the paperwork to find out exactly what this debt was. Turns out that it's from a car repo from back in approximately 2002. From what they've said, they sold the car, I was to pay the remaining balance. Thing is, since that time, I have moved practically every single year or 2 years max at a place and haven't received anything even knowing I had a judgement in the first place. Now since I've called them, I guess I've acknowledged the debt.
The debt has increased double than what the original amount was due to interest. Original amount approximately $8,000 and now $16,000. They're trying to say I can settle for around $14,000 at $845 a month. I am on disabillity due to illness and I haven't worked since 2002. I acquired this debt in 2001 and was divorced at the time. Here's how the paperwork is written... it still has my former name, checkmarked is any and all deposit accounts, safe deposit boxes, monies, credits, rents, effects due or owing the judgement debtor in the possession or under the control of the person, business, firm, association, partnership, corporation or financial institution listed under garnishee. This levy is made in accordance with SEC.700.140 or 700.150 CCP. - MY BANK name listed here. This bank that they listed, is only a bank that I got another car loan on and it also has a savings account that I have never used at all, has a 0 balance and always has. So there is nothing to garnish there. My car loan with this bank is just about to be paid off. Can they take my car now or once it's paid off?
Also, can they garnish any other bank accounts listed under my name since on that specific area I wrote above only lists THAT SPECIFIC BANK?
Another major question I have, which is the most important thing I'm concerned about... can they garnish my current spouses wages or put a lien on his house? He has his own bank account and I have my own. No joint bank accounts. The house is listed only in his name and was acquired during our marriage, but again, the original debt was acquired back in 2001 when I WAS NOT married to him. My personal debt only when I was single.
I am the judgement debtor and the Garnishee is listed as MY BANK that my other car loan is through. Is this the only account that they're trying to go after?
Should I try to settle this with the lawyer? My plan was to try to settle and make some type of payment arrangement. Once we came up to an agreement, I of course would ask for all of it in writing and to have it removed from my report once it is paid off.
Again, my major concerns are can they go after my husband's wages or put a lien on his house if my name is the only name on the original debt and is NOT on his bank account or his house. And if MY BANK listed is the only specific info shown on paperwork, is that all they're going after or can they immediately look into anything else I may have and go after that or do they have to file new paperwork stating the new info?
Please help! I'm stressing out and can't afford to talk or hire a lawyer. I'm struggling living paycheck to paycheck (even that's not enough!) and my only income is my SSDI and retirement disability. Is this income exempt from them garnishing?
I posted this in debt collections, but maybe I should've posted here?
Sorry, this may be long. I have been issued a Notice of Levy Execution Money Judgement. I did not know AT ALL what this was pertaining to, as I haven't had a judgement on my credit report. So after a stressful few days of trying to figure it out... I called the lawyer on the paperwork to find out exactly what this debt was. Turns out that it's from a car repo from back in approximately 2002. From what they've said, they sold the car, I was to pay the remaining balance. Thing is, since that time, I have moved practically every single year or 2 years max at a place and haven't received anything even knowing I had a judgement in the first place. Now since I've called them, I guess I've acknowledged the debt.
The debt has increased double than what the original amount was due to interest. Original amount approximately $8,000 and now $16,000. They're trying to say I can settle for around $14,000 at $845 a month. I am on disabillity due to illness and I haven't worked since 2002. I acquired this debt in 2001 and was divorced at the time. Here's how the paperwork is written... it still has my former name, checkmarked is any and all deposit accounts, safe deposit boxes, monies, credits, rents, effects due or owing the judgement debtor in the possession or under the control of the person, business, firm, association, partnership, corporation or financial institution listed under garnishee. This levy is made in accordance with SEC.700.140 or 700.150 CCP. - MY BANK name listed here. This bank that they listed, is only a bank that I got another car loan on and it also has a savings account that I have never used at all, has a 0 balance and always has. So there is nothing to garnish there. My car loan with this bank is just about to be paid off. Can they take my car now or once it's paid off?
Also, can they garnish any other bank accounts listed under my name since on that specific area I wrote above only lists THAT SPECIFIC BANK?
Another major question I have, which is the most important thing I'm concerned about... can they garnish my current spouses wages or put a lien on his house? He has his own bank account and I have my own. No joint bank accounts. The house is listed only in his name and was acquired during our marriage, but again, the original debt was acquired back in 2001 when I WAS NOT married to him. My personal debt only when I was single.
I am the judgement debtor and the Garnishee is listed as MY BANK that my other car loan is through. Is this the only account that they're trying to go after?
Should I try to settle this with the lawyer? My plan was to try to settle and make some type of payment arrangement. Once we came up to an agreement, I of course would ask for all of it in writing and to have it removed from my report once it is paid off.
Again, my major concerns are can they go after my husband's wages or put a lien on his house if my name is the only name on the original debt and is NOT on his bank account or his house. And if MY BANK listed is the only specific info shown on paperwork, is that all they're going after or can they immediately look into anything else I may have and go after that or do they have to file new paperwork stating the new info?
Please help! I'm stressing out and can't afford to talk or hire a lawyer. I'm struggling living paycheck to paycheck (even that's not enough!) and my only income is my SSDI and retirement disability. Is this income exempt from them garnishing?
