Multiple lawsuits started...

[brookelea]

I recently went through a bad seperation from my husband in which he caused me great financial liability. I wrote checks on $$ i had in my bank account from my paycheck and then my estranged husband drained my account to zero before the checks came through. I went on disability for 6 mos right after this for a medical condition and had no income during this time to keep up on paying these back. Now creditors are starting to file lawsuit against me, even though I am back to work and have tried to make payment arrangements to catch back up with this.

On the first one lawsuit I responded to them and the court with my situation and that I had been paying them even though they were not agreeing to make arrangements. I am now in the process of debt consolidation as well. Will a judge look at my situation and make them arrange for payments that I can do on the account? Im willing to pay everything back, and not trying to defraud them in any way.

I just got a call this morning that another agency has filed lawsuit against me as well. They all have to go through the same court. If I keep coming through the court room on these will the judge be less and less likely to be fair to me?

 

[JETX]

Forum rule #1: "PLEASE INCLUDE YOUR STATE BECAUSE LAWS VARY FROM STATE TO STATE.**

But I will give the following GENERAL responses:

Q1) "Will a judge look at my situation and make them arrange for payments that I can do on the account?"
A1) Most courts don't order reduced or even specific payments. They only determine whether you owe the claimed amount to the creditor. If so, then they will render a judgment against you.

Q2) "If I keep coming through the court room on these will the judge be less and less likely to be fair to me?"
A2) In all honesty, I believe so. The reasoning here is that the court will have previous knowledge of your financial problems and could therefore, be biased as to the determination of facts. However, you aren't really challenging the facts of the debt(s), only expecting the court to render some payment plan... and they won't.





Most courts don't order reduced or even specific payments. They only determine whether you owe the claimed amount to the creditor. If so, then they will render a judgment against you.

 

[brookelea]

will they make the creditor make a payment plan with me, which is what I have been trying to get them to do or do they just go ahead and garnish my wages?

 

[JETX]

Q) "will they make the creditor make a payment plan with me, which is what I have been trying to get them to do or do they just go ahead and garnish my wages?"
A) You are confused on the way things happen. The court only determines what the facts are and renders a ruling. Then, once the judgment creditor gets the ruling (and your appeal time has expired), it is up to the judgment creditor to enforce his judgment against you. Depending on where you are (see Forum Rule #1), this could include wage garnishment, property seizure, liens, etc.

 

[brookelea]

sorry I always forget my state, Im in washington state.

Another question I have on this is the original creditor in the contract agreement stated they waived their right to a lawsuit and all disputes had to be resolved through binding arbitration. does this still apply once place with a collection agency?

And the paperwork I got yesterday on this with the hearing date and motions states incorrect information regarding the date this debt was incurred. does that give me any leway in a technicality somewhere to prolong the process until they can get their info straight?

 

[JETX]

Q1) "the original creditor in the contract agreement stated they waived their right to a lawsuit and all disputes had to be resolved through binding arbitration. does this still apply once place with a collection agency?"
A1) Without seeing all the documents, I assume that the original contractual conditions will also apply to anyone who 'purchases' the debt or is assigned the collection of same.

Q2) "And the paperwork I got yesterday on this with the hearing date and motions states incorrect information regarding the date this debt was incurred. does that give me any leway in a technicality somewhere to prolong the process until they can get their info straight?"
A2) A dispute in the last date is not of significant importance UNLESS it raises an issue of expiration (statute of limitations). If it doesn't affect that issue, then the date can be clarified in the lawsuit or arbitration.