Legal Question in Credit and Debt Law in Ohio

I live in Ohio and I have a few questions about credit cards, let me give you the reason I am asking these questions. Until late last year my only source of income was an ebay business, now due to last years economy my business lost around $30,000.00 in sales which in turn placed me in serious financial distress and as a result of this it was necessary to stop paying on several credit cards and I fell way behind on other bills such as my mortgage and utilities, I have since found a job delivering pizza and have finally been able to get caught up on my mortgage and utilities bills but I still don't make enough to do any thing about the credit cards I owe on. Now here is my question I was recently sued by chase bank for money I owed them, they won the suit and they were allowed to take any amount over $400.00 out of my bank account until the balance was paid, unfortunately my bank closed my account, because it was delinquent, just a few days after the suit was won. Today I was served an "order for examination of judgment debtor to answer, under oath concerning the property" what does this mean? Am I being sued again? Now I have sent all the banks that I have credit cards through and now am behind on or stopped making payments on as well as the collection agencies they have sent after me to collect money I owe, cease and desist orders, but I still get several phone calls from them daily as well as letters from them monthly, what can I do about this?


Asked on 1/15/10, 11:51 am

1 Answer from Attorneys

Harold Paddock Harold Paddock Co. LPA

A judgment debtors exam is a court mandated question and answer session where the bank that won a judgment gets to ask questions under oath of the person who owes the judgment (you) about assets, income and property. The bank can use that information to pursue later collection efforts. This is not a "second" judgment or suit, but is part of the court mechanism to foster the collection of debts.

As to what to do, (1) consult an attorney who handles debtor/creditor work, (2) talk to a consumer credit counseling agency about the rest of your credit card debt, and (3) give some consideration to speaking with an attorney about bankruptcy.

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Answered on 1/20/10, 12:11 pm


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