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agent7908

default judgement NYS

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Can a judge order my home to be sold to satisfy a default judgement from 2009 that I was unaware of until recently.  I was alerted a few months ago that a debt collector wanted to collect on a default judgement.  I found out last week it was from a credit card company.  In 2006 I had disputed charges from what the credit card company called my account.  An attorney I contacted advised bankruptcy due to complex circumstances.  I had paid off one credit card with a pre-authorized check from another credit card, however BOTH debited the amount instead of crediting it and said I owed the new amount.  I did not have money to hire an attorney and the entire mess kept snowballing.  Now I am 62 years old on workers comp, and SS disability. I have a 16 year old grandchild in my legal custody that gets a small child support amount.  I also am on medicaid, and get food stamps.  I attempted to clear my name and once excellent credit, but with one good eye and one good leg it is very difficult.  No one offers legal aid or legal counsel in the Hudson Valley area of  New York.  I was advised to seek advice from social security. (???)  I do not have money, or other assets other than my broken down home and a 2006 vehicle in need of repair.  So, I was told the judge can order my home to be sold to satisfy this judgement.  Is there anything I can do without losing our home?  My grandchild does not have anyone else, or anywhere else to go.  

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What does this have to do with education law or family law?

 

 

31 minutes ago, agent7908 said:

Can a judge order my home to be sold to satisfy a default judgement from 2009 that I was unaware of until recently

 

Yes.

 

 

31 minutes ago, agent7908 said:

I was told the judge can order my home to be sold to satisfy this judgement.  Is there anything I can do without losing our home?

 

Told by whom?

 

Keep in mind that, just because something can happen doesn't mean it will happen.  It is extremely rare for a judgment debtor's personal residence to be sold to satisfy an ordinary civil money judgment.  Most ordinary judgment creditors won't even try it and, when it is tried, the court typically won't order the sale unless there is significant equity in excess of the statutory exemption (which, based on a quick google search, is anywhere from $82k to $166k depending on the county in which the property is located).  If you do have equity that significant, and depending on the amount of the judgment, you might want to look into a home equity loan to pay off the judgment.  If you don't, then you might consider consulting with a bankruptcy attorney.

agent7908 likes this

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No equity, home valued $60,000.  No assets.  Judgement escalated to $19,000 to date.  I will have to consider bankruptcy option.  Thank you.

 

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If there's no equity, then a sale would be pointless since all sale proceeds would go to the lender(s).

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thank you.  the chief clerk to the judge told me my home could  be sold to pay monies.  She emailed me a copy of a judgement which she said I (or someone in my family was served a judgement)  I never saw the original document before, and the email was the first time I ever did see it. I contacted the credit card company to request old documents, and was told account was charged off & sold to debt collector.  also asked for taped recorded conversations they may have.  rep acted stupid, so I spoke very slowly, and clearly enunciating every word before she understood my request.  almost to the point of being sarcastic.  I called a lawyer in a nearby county and he said just file bankruptcy because of the long amount of time involved and the situation was too complicated.  thanks for nothing...the free consultation.

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