judgement?

[lily2467]

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

hello, i have a question about judgments. i have a judgement against me and my wages are being garnished. i got a letter the other day from another debter saying they had entered a judgement against me and that they were going to file for a writ of execution. it said that they will apply to the court to come into our home and "levy on your household goods and furnishings. . . .".
my question is, can they do this since my wages are already being attatched? or would they have to wait until that was settled?

 

[cosine]

They can do that, having judgments. Multiple judgments make things a mess. If you want to force the creditors to accept a payment plan you can afford, and since you are employed, then maybe bankruptcy chapter 13 is for you.

 

[lily2467]

They can do that, having judgments. Multiple judgments make things a mess. If you want to force the creditors to accept a payment plan you can afford, and since you are employed, then maybe bankruptcy chapter 13 is for you.

yes, that is what we are trying to do. we just have so much, its a bit overwhelming. i was really sick a few years ago and things just piled up and got out of control. the problem is just trying to come up with the money to file.

 

[CourtClerk]

Have you considered bankruptcy? Go get a consult with a bk attorney...pronto

 

[lily2467]

Have you considered bankruptcy? Go get a consult with a bk attorney...pronto

thats what we want to do. the lawyer we talked to said it would be pretty clear cut for us to file. the problem is coming up with the money to do so.

 

[cosine]

There are circumstances where filing fees can be waived. I don't know if you can qualify for that. The lawyer you do initial consultation with should know if you give him/her all your financial details. My guess is you need what you are being garnished for in order to accumulate the filing fee.

Oneoptions including obtaining free legal assistance (a nearby law school or legal aid center) to do an initial filing, which hopefully can be done through the filing fee waiver, and once the stay ends the garnishment, use that money to pay the practicing lawyer to move forward. Ask a consulting lawyer for leads where to begin that in your area.

If you do want to proceed with BK then this thread needs to be moved to the Consumer Bankruptcy forum.

 

[lily2467]

There are circumstances where filing fees can be waived. I don't know if you can qualify for that. The lawyer you do initial consultation with should know if you give him/her all your financial details. My guess is you need what you are being garnished for in order to accumulate the filing fee.

Oneoptions including obtaining free legal assistance (a nearby law school or legal aid center) to do an initial filing, which hopefully can be done through the filing fee waiver, and once the stay ends the garnishment, use that money to pay the practicing lawyer to move forward. Ask a consulting lawyer for leads where to begin that in your area.

If you do want to proceed with BK then this thread needs to be moved to the Consumer Bankruptcy forum.

thank you, i'll check into that. how do i move a thread, or does someone else have to do that?