crdit card company sued me in civil court. The Lawyer wants me to pay a min. payment 0.00/month. I’m disabled & can’t work. I told them how much I could afford to pay /month. There was nothing stated as to the amt per month or how long I have to pay it, listed on the papers I got from the court. They said they want to know all my assets so they can have a sheriff’s sale of my items to pay back.
the consumer doesn’t have too many rights if he doesn’t pay his bills
Unless the judge orders a payment plan, he will simply award the credit card company a judgement. At this point, they don’t need to accept payments at all. The lawyer is "doing yo a favor" by offering the payment plan.
The paper you are referring to is called a "Judgement Debter" disclosure. The court is ordering you to supply financial information so the creditor can start garnishing or repossession of property.
My suggestion is to contact the lawyer, try to show him your income and expenses and offer whatever you can pay. Note that if you owe $5000 and only offer $50 a month, they are NOT going to sit around for years waiting to get your money.
Note that if you are on disability they can’t garnish your govermnemt checks, but they can take from your bank accounts.
Unfortunately, once you have a judgement placed on you, you have no "consumer rights".
Good luck.
It sound like you have already exhausted all your rights…they obviously have giving you plenty of time to resolve this situation and decided to take you to court in order to get a judgment against you. And now they are trying to enforce that judgment. You either owe them a lot of money (they are not willing to write it off) or they have gone back and forth with you for a long time and want to stick it to you…Sorry…Try filing for bankruptcy…
FOR THE MOST PART STUDLY IS CORRECT. THE ONLY THING HE COULD EXTEND ON IS THE BANK ACCOUNT ISSUE.
IF THE ONLY THING BEING PUT IN YOUR BANK ACCOUNT IS YOUR DISABILITY CHECK, THEN THEY CAN TOUCH IT. IF YOU HAVE MADE ANY OTHER TYPE OF DEPOSITS IN TO THAT ACCOUNT OTHER THAN YOUR DISABILITY THEN IS NOW IS CALLED "CO-MINGLED FUNDS" AND THE ATTORNEY CAN GARNISH IT. I WOULD MAKE SURE THAT NO OTHER DEPOSITS HAVE GONE INTO THAT ACCOUNT IN THE LAST 12 MONTHS, IF THERE HAS BEEN, CLOSE THAT ACCOUNT OUT AND RE-OPEN A NEW ONE WITH ONLY YOUR DISABILITY CHECK BEING DEPOSITED IN TO IT.
THE "ORDER FOR DEBTOR EXAM" OR"SUPPLEMENTAL PROCEEDINGS" IS WHERE THEY WILL ORDER YOU TO APPEAR IN COURT SO THAT THEY MAY DISPOSE YOU ABOUT YOUR INCOME, ASSETS AND PERSONAL PROPERTY. AFTER THAT THEY WILL THEN HAVE THE SHERIFF SEIZE THE PROPERTY AND SELL IT AT AN AUCTION. THE AMOUNT WILL THEN BE CREDITED TO YOUR BALANCE. THEY ONLY LOOK AT THINGS LIKE, STOCKS, BONDS, CARS, RV’S AND HIGH DOLLAR ITEMS THAT YOU OWN OUT RIGHT.
I WOULD CONTACT THE LAWYER AND SEE IF YOU CAN MAKE A PAYMENT PLAN THAT YOU BOTH COULD LIVE WITH.
GOOD LUCK