Legal Question in Credit and Debt Law in California

I completely blew it...(didn't understand the summons since it contained a form showing the case had already been to court) and now have a judgment against me for an old debt. My wages are being garnished... The original debt was $3500, the judgment against me is now close to $9000. The company does not seem to want to settle since the court will let them take the $9000. Is there anything i can do??? is bankruptcy the only answer? I live in California.... if that would make any difference. Other than working on some back federal taxes I have no other debt and own no property.


Asked on 12/03/10, 10:09 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If it is causing a hardship, you can apply to the issuing court for an exemption or at least a reduction in the amount levied each month.

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Answered on 12/08/10, 10:20 am
Asaph Abrams Law Office of Asaph Abrams

There is no threshold amount required to permit filing of bankruptcy. The cost-benefit analysis is performed on a case-by-case basis. You've seen how debt-totals escalate. For a judgment debtor, the total amount ultimately paid can add up. See http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectintro.htm#computeinterest.

On a tangent (not specific to your status, which is post-judgment): maintaining minimum payments in order to preclude a lawsuit and judgment can be a futile proposition for persons suffering hardship. *E.g.: with $10,000 of credit card debt, if you pay monthly 3% of the balance ($300) and your interest is 29%, it would take you nearly 6 years to pay off the debt and you'd ultimately pay a total of $20,700. This does not include additional fees and/or penalties, which may be accrued due to underpayments and/or late payments and does not include possible annual fees relevant to certain accounts.

*The above payoff calculation is courtesy of http://www.bankrate.com/calculators/credit-cards/credit-card-payoff-calculator.aspx and is not independently verified by the undersigned.

Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer as well as any information found on our Web site is not legal advice. This is strictly my opinion provided for general informational purposes and pertains to California law only; its reading does not create an attorney-client relationship. This answer does not serve to endorse other answers. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy or other legal/fiscal matters. It's worth the cost.

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Answered on 12/08/10, 11:18 am


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