Sued not in small claims court

[CourtClerk]

If the debt is not dischargable (and I don't think I'm alone in wondering exactly what this debt is),

I'm not. It's either something federally subsidized (like a student loan), court ordered payments, something he owes the government or a debt incurred through fraud.

 

[Proserpina]

I'm not. It's either something federally subsidized (like a student loan), court ordered payments, something he owes the government or a debt incurred through fraud.

I never even thought about that last possibility

I suppose because of the nature of the entire thread I was (for some reason) thinking it was a private debt of some nature - I somewhat foolishly thought that a debt such as a student loan or child support would have been dealt with before it got to the garnishment stage.

(The whole "why did you let it get to that point" thing, y'know?)

 

[eli4625]

Sl

The debt is from a student loan I took out to pay for housing, living expenses and such and have been able for years to get it forbaranced, deffered and such and then did start paying on it. I then lost my job and the one I have now doesn't provide enough income to pay what they want each month. I bring home after taxes $1300 per month. Of that $615 goes to rent, $130-$150 to the 3 utilities, $60 in car insurance, $30 for phone and $60 for tv. That totals $915 per month. That leaves me about $435 to live on (food, gas and such). I can pay $200 per month out of that, but not $500.

Like I have said, I want to pay off the debt, I am sorry the economy went into the tank due to greed and a weak government. If I could pay more I would, I was when I was making more. I have attempted to find a second job, but trying to find one that matches up with my present job is almost impossible. I have turned my car back into the loan company but can not free up any more monies. So since the debt is more then small claims, I just wondered what I can expect and what I will have to do with it that is different the small claims.

 

[Law Ninja]

Q: So what court does it go to? How is it different if at all from small claims?

A: It'll either be in Superior Court (which also houses the small claims division) or Circuit Court. The rules of procedure and evidence are relaxed in small claims court, and discovery is not allowed. So, non-lawyers have a better chance in small claims court. In your State's higher court, there is a greater chance of losing on a technicality such as missing a deadline or failing to get crucial evidence properly admitted in your favor.

 

[eli4625]

Admit it...

I admit I owe the money, the basic issue the per month payment amount. I didn't know if the judge can look at your income/debts and decide an amount or is it automatically a wage garnsihment at 25%?

 

[Law Ninja]

Q: I didn't know if the judge can look at your income/debts and decide an amount or is it automatically a wage garnsihment at 25%?

A: The judge simply decides whether or not you owe the money. Your finances are a completely separate matter. With a judgment, the plaintiff is legally entitled to garnish your wages to the fullest extent the law allows (25% of disposable income).

 

[eli4625]

Okay

So when I admit I owe it in the paper work I have to submit, what happens then? Is there a court date set? At that hearing, do I just say I owe this but can't pay what they are wanting? Or does the judge just read my answer and rule in favor without even a hearing?

 

[Law Ninja]

Q: So when I admit I owe it in the paper work I have to submit, what happens then? Is there a court date set? At that hearing, do I just say I owe this but can't pay what they are wanting? Or does the judge just read my answer and rule in favor without even a hearing?

A: The plaintiff may be granted a summary judgment in his favor, which means there will be no trial. If no summary judgment is granted, then the judge will make his ruling at the trial. The former is probably more likely since the trial would be a waste of docket space.

 

[eli4625]

Summary?

Can you explain what a summary judgement is? Say the judge does that, then what happens? What happens in my response to the summons if while admitting the amount owed, disagree with the monthly payment amount?

 

[Law Ninja]

Q: Can you explain what a summary judgement is? Say the judge does that, then what happens? What happens in my response to the summons if while admitting the amount owed, disagree with the monthly payment amount?

A: A summary judgment is a judgment obtained without the need for a trial. The purpose of a trial is to decide a dispute. If you agree that you owe the money, then there is no dispute and a trial is pointless. Thus, a judge may grant a summary judgment.

A summary judgment is treated like any other judgment in that the judgment creditor can begin collection proceedings against you such as garnishments.

The judge simply decides whether or not you owe the money. A monthly payment request is a completely separate matter.