homestead act, judgement, settlement?

[mattyndavidsmom]

What is the name of your state? Utah

I have recently been given a default judgement against me by a credit card company. I am trying to get a set aside as proper service was NOT done. But, in the event that I don't get the set aside for some reason here are my questions:

I am set for a hearing on 1/16 to disclose my property. If I file the paperwork for the Utah Homestead Act today, am I covered? This basically doesn't allow them to touch the first 20k in the sale of my home.

Can they take my only vehicle? I have read the laws and Utah law says I am allowed one vehicle under the value of 2500. I only have one vehicle and it is valued at over 2500. I just bought it knowing that I might have this judgement on my credit making it harder to purchase down the road.

I am moving to Wyoming and am going to register my car in Wyoming so the above question may be mute, is this correct?

Anyone know what the proper procedure is to change the date of the hearing if I don't get a set aside? I am in the process of moving and am currently in Nebraska enroute to Wyoming. Will I have to keep going back to Utah for the hearings or can I request that it be moved to Wyoming?

I would like to settle with the Attorney firm...anyone know how to go about this. Any help is appreciated.. Thank you

 

[Debt Guy]

Q. I am set for a hearing on 1/16 to disclose my property. If I file the paperwork for the Utah Homestead Act today, am I covered? This basically doesn't allow them to touch the first 20k in the sale of my home.

A. This is state specific. I doubt there is anyone here with that level of experience in UT. You really need to consult a UT attorney. But, my experience from other states leads me to believe that the homestead paperwork had to be filed before the action commenced -- ie, before the original lawsuit was filed. Whethere I am right or wrong, none of this really matters because it is what it is. I think you are too late to try to "fix" things. All the more reason you need to talk to an attorney.

Q. Can they take my only vehicle? I have read the laws and Utah law says I am allowed one vehicle under the value of 2500. I only have one vehicle and it is valued at over 2500. I just bought it knowing that I might have this judgement on my credit making it harder to purchase down the road.

A. My research says that UT has a general creditor exemption on the first $2500 of equity in your vehicle. So, they can take it but must give you $2500 cash for the vehicle (or the first $2500 of the proceeds from the sale).

Q. I am moving to Wyoming and am going to register my car in Wyoming so the above question may be mute, is this correct?

A. You are really making this complicated. In my opinion, your move to WY will not stay or affect the action in UT. The creditor will need to domesticate the judgment in WY.

Q. I would like to settle with the Attorney firm...anyone know how to go about this

A. If they are at the stage of asset discovery, your best opportunity to settle is long past. But, settlement discussions always begin with you making contact. Either call them or write them a letter. Expect that they are going to ask for the moon -- you are going to want to pay nothing. Hope you meet somewhere in between. Don't be surprised if they are annoying and rude and have no appreciation for your travails.