Collection/Debt...My rights as a debtor

Asked over 6 years ago - Battle Ground, WA

I was unaware a judgment was put on my record. Then I received a Supplemental Proceeding order and Order to Show Cause court date. Im on Social Security, buying a house with about $190,000 equity in home and a car worth about $7,000. How can I answer this subpoena, like a exemption or file a motion?? I do not want to go to court and be interrogated about what I own. Im living in hardship, barely have any money by the 20th of the month by the time all my bills are paid. I want to keep them from attaching to the little I do have, how can i do this? Is there a way to stop a company from putting a lien on your personal and real property? Thanks for your help.

Attorney answers (3)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    2

    Lawyers agree

    Answered . You likely want to consult an attorney to review your facts and options.

    Do you dispute that you owe the creditor something?

    If you did not receive notice of the lawsuit that resulted in the judgment, you may be able to file a motion asking for the court to vacate the judgment. However, even if you succeed in vacating the judgment, if you do owe the creditor, the creditor will just simply re-file an action against you (unless something such as a running of the statute of limitations prevent the creditor from re-filing).

    If you have $190,000 in equity in your home, you likely are over the homestead exemption (currently, $125,000).

  2. Valerie Farris Oman

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You should consult with an attorney immediately. A default judgment can be vacated in some cases, allowing you to then litigate and/or negotiate the amount of the debt owed down to a more manageable amount for you. Although paying an attorney costs money, the amount of money a lawyer can save you is often well worth it. Also, negotiating a settlement will not necessarily have an adverse affect on your credit, while a default judgment will show up on your credit report for years.

    Best wishes,

    Valerie

  3. Lesley Abigail Hoenig

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Get yourself an attorney right away. If there is an Order to Show Cause you want to be at the court date no matter what, but make sure to bring an attorney with you. If there is a local legal aid office near you, start with them, they may be able to refer you to someone if they cannot take the case.

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