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Court for Collections/Judgment Tomorrow

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CSO286

Senior Member
What is the name of your state (only U.S. law)? MN--
Yes i am aware of the 3rd party rules....but please be kind anyway.

My sister has a court date tomorrow regarding collections for unpaid medical bills and two nsp check from about 2 years ago.
Yes, she should have taken care of all of this sooner, but she didn't and she apparently ignored the previous phone calls and letters.

She is planning to go to said court date, and is hoping to thorw herslef on on mercy of the court. her quetion is What is the likelihood of the court either setting a payment on the judment (she is not disputing the validity, she knows she owes the money) or capping the amount that could be garnished from her wages? Or, if the Collection agency rep is there in person, what are the odds they would set up some sort of direct withdrawal from her bank account after they win?

She has been in a pretty rough place financially helping me help out our mom over the ast few years and is finally digging her way out debt. I've already googled the garnishement calculator and the amount of her wages that could be garnisheed is more tht she could afford to pay without throwing her back in to a downward spiral...She's the sole provider for her family of four and is pretty scared.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? MN--
Yes i am aware of the 3rd party rules....but please be kind anyway.

My sister has a court date tomorrow regarding collections for unpaid medical bills and two nsp check from about 2 years ago.
Yes, she should have taken care of all of this sooner, but she didn't and she apparently ignored the previous phone calls and letters.

She is planning to go to said court date, and is hoping to thorw herslef on on mercy of the court. her quetion is What is the likelihood of the court either setting a payment on the judment (she is not disputing the validity, she knows she owes the money) or capping the amount that could be garnished from her wages? Or, if the Collection agency rep is there in person, what are the odds they would set up some sort of direct withdrawal from her bank account after they win?

She has been in a pretty rough place financially helping me help out our mom over the ast few years and is finally digging her way out debt. I've already googled the garnishement calculator and the amount of her wages that could be garnisheed is more tht she could afford to pay without throwing her back in to a downward spiral...She's the sole provider for her family of four and is pretty scared.

How much is the total debt and how much more debt does she have?

An agreement may be able to be reached by both parties involved, but unless the plaintiff agrees, I doubt a judge will set a payment plan.
 

CSO286

Senior Member
How much is the total debt and how much more debt does she have?

An agreement may be able to be reached by both parties involved, but unless the plaintiff agrees, I doubt a judge will set a payment plan.

I don't know exactly how much debt she still has out there (I'm helping her wade through it), I know she's just paid off about $1000 in credit card debt a month or so ago (And I KNOW there's more out there--credit cards--badness).

The plaintiff is seeking a judgment of about $1500. She thinks that she can afford about $100 every two weeks to pay it off.

It looks like the creditor could garnish up to and over 250$ every two weeks and that's what's got her scared.

Do Collections folks usualy show up in person for these hearings or appear by phone? She'd like to try and work something out to avoid the garnishment.
 

Antigone*

Senior Member
I don't know exactly how much debt she still has out there (I'm helping her wade through it), I know she's just paid off about $1000 in credit card debt a month or so ago (And I KNOW there's more out there--credit cards--badness).

The plaintiff is seeking a judgment of about $1500. She thinks that she can afford about $100 every two weeks to pay it off.

It looks like the creditor could garnish up to and over 250$ every two weeks and that's what's got her scared.

Do Collections folks usualy show up in person for these hearings or appear by phone? She'd like to try and work something out to avoid the garnishment.

If they are seeking a judgement in the amount of only $1500, I might advise that your sister negotiate a payment plan with the creditors. If she is sucessful, then the judge could give the plaintiffs their judgement with the agreement upon payment pland (stipulated judgement).

The one thing she has to remember is that if she is sucessful in negotiating that agreement and she is late on even one payment, all bets are off.

It would really be to her benefit to show up tomorrow, and she might even take a copy of her personal budget with her to help her with the negotiations.
 

CSO286

Senior Member
If they are seeking a judgement in the amount of only $1500, I might advise that your sister negotiate a payment plan with the creditors. If she is sucessful, then the judge could give the plaintiffs their judgement with the agreement upon payment pland (stipulated judgement).

The one thing she has to remember is that if she is sucessful in negotiating that agreement and she is late on even one payment, all bets are off.

It would really be to her benefit to show up tomorrow, and she might even take a copy of her personal budget with her to help her with the negotiations.

Oh, I'm going with her...(Since I've been in court quite a bit recently).

She's hoping I can help her talk to them about the payment plan prior to the hearing.

Yep, I've already told her to get all her financials together, so I can help her sort them tonight and I can see what kind of budget (if any) she's actually got.
 

Antigone*

Senior Member
Oh, I'm going with her...(Since I've been in court quite a bit recently).

She's hoping I can help her talk to them about the payment plan prior to the hearing.

Yep, I've already told her to get all her financials together, so I can help her sort them tonight and I can see what kind of budget (if any) she's actually got.

Good Luck:)
 

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