I was making payments on the judgment however i was forced to resign from my previous job due to medical issues. I communicated this with the creditor. Now i am working again and the creditor has set an amount that i cannot afford. I only work part time. I told them I will send in what I can but im unable to pay the monthly amount they are asking for. The creditor stated that will not be sufficient and they will advise their client to take further action against me. I receive assistance also. Im doing the best I can. Can they make me pay what i cannot afford.
Corporate / Incorporation Lawyer
The creditor can go back to court to try to garnish wages or attach property or levy on a bank account. The court will look at what you can present in the way of extenuating circumstances and will act accordingly. Things could go your way or the creditor's way. Or you may work something out.
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Depending on the amount of debt involved with this creditor and the amount of other debt you have you might be a good candidate for a bankruptcy. You should consult a bankruptcy attorney about your situation and your options.
Very best regards,
Errin P. Stowell, Esq.
Stowell Law Firm, LLC
"We are a debt relief agency. We help people file for relief under the Bankruptcy Code."
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What do you mean by "take me to Court"?
If you are asking whether the Judgment Creditor can take money from you by legal processes, the Answer is maybe. In Minnesota, the Judgment Creditor can garnish or levy your bank account without prior notice to you, you will get the notice after your account is frozen. Before the Judgment Creditor can garnish your wages it must send you a Notice that tells you they are considering it, and giving you the opportunity to claim that some or all of your wages are exempt from garnishment. They only have to send this once per year, so you might have gotten one, and they could garnish your wages at any time unless you have a payment agreement wherein they have promised not to. The opportunity to claim funds in a bank garnishment are exempt comes after the bank freezes the account.
I note that you indicate you receive assistance. If a Judgment debtor receives relief based on need all of their wages are exempt from garnishment. Any funds from the assistance agency are exempt from garnishment, as are any wages deposited in the 60 days prior to the garnishment being served on the bank. In addition, your wages remain exempt from garnishment for 6 months after you stop receiving assistance.
The creditor can object to your exemption claim if you don't provide proof of that you are receiving assistance, or proof that the funds held by the bank came from the exempt source. If that happens you have to ask for a hearing on the exemption claim, and a judge will decide it.
If you are receiving assistance, provide your creditor with proof, and save a copy of your letter to them. If they garnish your wages after that without verifying that you no longer receive assistance they could be liable for violation of the Federal Fair Debt Collection Practice Act, and Minnesota Laws.
There is another way the Judgment Creditor can "take you to Court" They have a right to conduct discovery to see if you have any assets that could be used to satisfy the judgment. They can ask the Court for an Order for Disclosure. They would send you a Financial Disclosure Form. If you don't fill out the form and send it to them, they can ask the Court for an Order to Show Cause why you should not be held in contempt for not complying with the Order for Disclosure. This Order to Show Cause has a Court date and is supposed to be personally served on the Judgment Debtor. If you fail to show up for that hearing, the creditor can ask the court to issue a bench warrant. While it is true you can't go to jail for not paying your debt, you can go to jail for not complying with a Court Order.
If the Judgment Creditor is being unreasonable, I would urge you to contact a lawyer who practices Consumer Law.