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What is the obligation and right of a judgement debtor?

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gxfcfree

Junior Member
What is the name of your state (only U.S. law)?
VA

I lost in a small-claims court and become the judgement debtor. The judgement creditor ordered me to mail him the certified check (personal check is not allowed)while I want to meet him and give him money directly. One reason is that the amount of money is quiet small. Also, I want him to sign the receipt of funds and therefore the creditor can not tell lies. If I mail hime certificated order, I am afraid that he can always say the letter does not contain anything.

At this point of time, both of us do not budge.The creditor threatens to use summons or garnishment. If I have to answer questions during a summons, can I defense myself successfully?
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)?
VA

I lost in a small-claims court and become the judgement debtor. The judgement creditor ordered me to mail him the certified check while I want to meet him and give him money directly. One reason is that the amount of money is quiet small. Also, I want him to sign the receipt of funds and therefore the creditor can not tell lies. If I mail hime certificated order, I am afraid that he can always say the letter does not contain anything.

At this point of time, both of us do not budge.The creditor threatens to use summons or garnishment. If I have to answer questions during a summons, can I defense myself successfully?
Seriously? If the amount owed is such a small figure, why not just mail a certified check to them and be done with it? You will have proof that the judgment has been satisfied when they cash the check, and your judgment creditor can submit to the court a "Satisfaction of Judgment" form to confirm it.

Keep in mind that if you want to push this, your judgment creditor will be entitled to recover the costs they incur to collect against you. If you force them to bring you into court for a debtor's examination, they can ask for the cost of that from you. They can ALSO recover the cost to file for a garnishment order, as well as the cost to process one.
 

gxfcfree

Junior Member
I am afraid that the judgement creditor will not cash the check saying there is no check and asking me to mail it again. This way the creditor can keep the judgment unsatisfied for a long time. Under this circumstance, i have nothing to protect me. I want to hand him money and get him sign the fund receipt and I can notify the courthouse to close the process asap. Actually, I already suggested to meet with the creditor at the courthouse. I give him money and he notify the courhosue. But no reply. What can I do to protect myself?
 

gxfcfree

Junior Member
If I am not served or notified,

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

This is my second question.
I was not served or notified during a small-claims court and even a long time after the trial was finished. Thus, I do not know the existence of a judgement againest me. Then suddenly I received a summons to return to the courthouse. Under this circumstances, what can I do to protect myself? can I ask the courthouse to re-examine the judgement?
 

sandyclaus

Senior Member
I am afraid that the judgement creditor will not cash the check saying there is no check and asking me to mail it again. This way the creditor can keep the judgment unsatisfied for a long time. Under this circumstance, i have nothing to protect me. I want to hand him money and get him sign the fund receipt and I can notify the courthouse to close the process asap. Actually, I already suggested to meet with the creditor at the courthouse. I give him money and he notify the courhosue. But no reply. What can I do to protect myself?
Or, they could just accept the payment. I don't understand what possible motivation the creditor would have for rejecting such a tiny payment to keep the judgment unsatisfied "for a long time"? It's going on your credit report anyway - the difference being that when the judgment is satisfied, it will show as satisfied instead of outstanding.

Honestly - it sounds to me like every excuse you make is an attempt to control the creditor over what you feel is an unfair judgment against you. Just pay it off and be done with it!
 

gxfcfree

Junior Member
Or, they could just accept the payment. I don't understand what possible motivation the creditor would have for rejecting such a tiny payment to keep the judgment unsatisfied "for a long time"? It's going on your credit report anyway - the difference being that when the judgment is satisfied, it will show as satisfied instead of outstanding.

Honestly - it sounds to me like every excuse you make is an attempt to control the creditor over what you feel is an unfair judgment against you. Just pay it off and be done with it!
Let me put the question simple. If I mail the certified check and the creditor said he did not get it and ask me to do it again, could you tell me what I can do? The creditor won the case not for the money but for creating trouble for my life.

Also, could we go back to my first post: give me some explanations on what is the basic rights for judgement debtor?
 
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TigerD

Senior Member
You have the right to pay your debt before the creditor starts taking and selling your stuff; bringing you, your coworkers and friends into court and asking questions about your financial condition; garnishing your pay and levying your accounts.

Frankly, you sound like someone who is looking for ways to make collecting more difficult and expensive.

I wish we still had debtors' prisons.

DC
 

gxfcfree

Junior Member
You have the right to pay your debt before the creditor starts taking and selling your stuff; bringing you, your coworkers and friends into court and asking questions about your financial condition; garnishing your pay and levying your accounts.

Frankly, you sound like someone who is looking for ways to make collecting more difficult and expensive.

I wish we still had debtors' prisons.

DC
Please calm down and think about the situation I described. i am actually the victim.
 

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