Court Friday

[doorknob]

I defaulted on the remainder of a treatment bill. It was a little over $400. I let it get sent to collections, and let them take it to court. I have a mandatory court appearance on friday, for an examination of my income and assets (which are next to none). I finally got the courage to call them last week, but was told it was to late to negotiate. I have to bring my car (A 91 Subaru Loyale, which I have dumped a ton of money in, and now is leaking oil badly and smoking) title, paystubs, tax records, etc. I should have never let it go this far. I just had way more expenses after my DUI than I could afford, and something had to give. It's been 3 years and I'm almost finished with my court fines. I've got a crap part time job, which requires my crap car, and pays crap, but it's the only job I have been able to make work for me with my OCD and anxiety problems, except for my short winter job at the tubing hill. Anyway, if anyone has gone through this sort of thing, it might ease my nerves a bit to know what I can expect. Then again....

[doorknob]

Thanks Samantha,

I keep reminding myself that it's only $850 bucks (with interest and court costs). If I added up all of my outstanding debts, it would probably be less than $2500. People don't file bankruptcy for that, do they? I'm worried about how much they can take out of my paychecks, and if they can take my car.

Paul

[Anna]

I don't know. I mean clearly you owe the money, but if they take your car which you need for your job, then how does that help anything. But, the justice system is not always logical.

Try to not get overstressed about it. You'll get through it DK.

[doorknob]

It's my own fault Samantha.

The car is probably not worth what I owe them. My wages are about $550 a month, and require the car.

[doorknob]

Originally Posted by 51anna

I don't know. I mean clearly you owe the money, but if they take your car which you need for your job, then how does that help anything. But, the justice system is not always logical.

Try to not get overstressed about it. You'll get through it DK.

Thanks Anna. I hope so.

[Justme57]

(((((((((Knob)))))))))

I obviously have no advice re the laws over there, but I want you to know , I will be thinking of you . Just remember, Knob, it is one day, and then it is over, and i guess it will be a weight off your mind not to be imagining the unknown

Good Luck

HUGX
Lee

[nevergivingup]

I hope everything goes well. I filed for bankruptcy a couple of months ago. The whole thing was very nerve wracking, but as long as you go in there and are honest with them, they're pretty forgiving. Just remember to say please and thank you. LOL! In other words, be as nice as you can be.

Let us know how it goes.

[leviathon]

You know, I had thought human society had really moved forward, but when I read this post it took me all the way back to the senselessness of the debtor prisons in the 1800s.

You fell into debt, couldn't pay, so lock you up and only if you can arrange to pay can you be let out... but you are locked up... the reasoning is so cyclical.

As much as society changes it also appears to stay the same.

levi

[BigSis]

I don't think they want your car, DK... it would cost them more administratively to get rid of it (ads in the paper, storage, oversight of an auction) than they could ever get out of it. The most likely scenario would be to garnish your wages... and it sounds like they might have to take a number, eh?

I hated when my debt got out of control - Mr. Big and I filed twice for bankruptcy back in the day. After the filing, at least the phone calls would stop... and no one would give us credit, so I didn't have to worry about overspending.

I hope the court date is just a formality, and that you get an opportunity to explain to the court what you ARE doing (any proof of what you are doing to pay your bills might be handy to have with you). Our justice system is filled with people with all their human failings... and compassion.

Sending good thoughts.... nah. *I'm* sending prayers, you can catch good thoughts on your end...smile... that the court is understanding and fair.

You are being pretty hard on yourself, DK. Just stay in today and take care of those things over which you DO have some control. I wish you the best.

[ru4outoo]

I have gone through the same thing Doorknob, here is what the law says about garnishments.

The law sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders recieved by the employer. For ordinary garnishments (ie, those not for support, bancruptcy, or any state or federal tax), the weekly amount may not exceed the lessor of the two figures: 25 percent of the employees disposable earnings, or the amount by which an emplyee's disposable earnings are greater than 30 times the federal minimum wage (currently $5.15 an hour). For illistration, If the pay period is weekly and disposable earnings are $154.50 ($5.15 x30) or less there can be no garnishment. If disposable earnings are more than $154.50 but less than $206.00 {$5.15 x 40) The amount above $154.50 can be garnished. A Maximum of 25% can be garnished.

I hope this helps.

[doorknob]

Thank you all for your replies!

Okietiger - That helps a lot!! I make less than that figure right now. When I get a second part time job, they can start getting some of their money. What are the laws regarding property? Can they take my hoopdi (car)?

DK

[ru4outoo]

I dont know if they can take the car, they havent tried to take mine. when I went to court they just asked me what I can afford to pay them ect, I told them I am barely surviving and they just ordered me back to court in three months. They did say find a better paying job and I told them that I like my job and all. That was it. Good luck and pm me if you need to, more then happy to help or listen