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civil action hearing

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  • civil action hearing

    I hope someone here can offer me some advice. I have been in debt for about 5 yrs...ever since my seperation from my husband. I recently(within the last few months) have sold my home which was a HUGE burden on me. I have been able to slowly pay some past due bills but I have a Gas bill from the old house and could not make regular payments on it. The company is taking me to civil court and I don't know how to handle this. I am nervous that they are going to expect all of the money from me at the hearing...which of course I don't have. Can anyone help me to get a better understanding of how to handle this...what I might expect when I get there and what do I say when I get there. Any insight would be much appreciated.

  • #2
    Re: civil action hearing

    Not an expert here, but these will be important

    What state is the civil action taking place?

    How much is the bill for?

    When is the last time you made payment on it?

    The number one issue to remember is to not ignore the summons or the creditor will have a default judgment. I'm not sure if there is someplace in your area where you might be able to get some free legal advice.

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    • #3
      Re: civil action hearing

      The only advice I can offer is try to work out some type of payment with them before hand. I know my MIL said once they can come garnish your check for this type of thing not sure if thats true or not but I usually try to work out a payment I can afford if I owe to a dr or whatever.

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      • #4
        Re: civil action hearing

        the state the civil action is in is PA, the amount owed is 680.00 plus 73.50 in court costs. I made a payment the end of August beginning of Sep. I am not planning on ignoring it that is for sure.

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        • #5
          Re: civil action hearing

          If they get a judgment, most likely they can garnish your paycheck - up to 25% (your state may be different, so check there).

          They will also file the judgment in the deed records so if you own a home or property, it will attach to that property. If you go to sell the property before the judgment is paid, you will have to pay them out of the proceeds of the house.

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          • #6
            Re: civil action hearing

            Calmly explain your situation to the judge that you are attempting to pay off all old debts, provide proof of that by showing what you have paid off so far, explain that you sold your house to help your financial situation, though if you had a lot of money left from that they will not be understanding. Explain that you have been trying to pay this bill as you can and provide proof of that as well. Judges are far more understanding of people that are attempting to pay their bills than ones that show zero effort. The judge may even chastise the company that is sueing you if you are making an attempt to pay them even if you are not able to make exact monthly payments.

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            • #7
              Re: civil action hearing

              hey everyone thanks for the advice. I showed up for my hearing yesterday. There was no hearing. I admitted I owed the money (not that i ever disputed it with my creditor) they told me to call and make payment arrangements with my creditor. Not what I expected. All that worrying for nothing. Happy Thanksgiving to all!

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              • #8
                Re: civil action hearing

                Originally posted by elowah32
                I hope someone here can offer me some advice. I have been in debt for about 5 yrs...ever since my seperation from my husband. I recently(within the last few months) have sold my home which was a HUGE burden on me. I have been able to slowly pay some past due bills but I have a Gas bill from the old house and could not make regular payments on it. The company is taking me to civil court and I don't know how to handle this. I am nervous that they are going to expect all of the money from me at the hearing...which of course I don't have. Can anyone help me to get a better understanding of how to handle this...what I might expect when I get there and what do I say when I get there. Any insight would be much appreciated.
                Hi, I was in collections for many years, the best thing to do is to make payment arrangement before court. Many companies want to avoid court as well. If they have already filed and you can not pay in full before court you can expect to see a rep fromt that particular company,which will be seeking a judgement against you plus court filing fees. You should definitely show up because the judge will respect that, most debtors dont show up. Now sometime, most times you have time to discuss a payment arrangement before you go up in front of the judge,they will ask you to step out in the hall and try to resolve or agree on some arrrangement. Now if you can bring some money to show a good faith payment arrangement that would show good intentions. You still might get a judgment but hopefully avoid any garnishments and once bill is paid you should follow up with company to get a satifaction of judgment letter to send to the county that filed it. There is a small fee ,but well worth getting it settled on your credit. That will make it hard to get a loan, so make sure to follow up with creditor.

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                • #9
                  Hearing

                  I have a civil action hearing it says I have to call in and make a defense if I dobt or don't show up for the hearing will I automatically loose or will they set a hearing?

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                  • #10
                    I have a civil action hearing I ddnt call in and make my defense I ddnt realize I had to til now and my hearings at 9am can I call in the morn before hearing and do it and ifbi don't show up for it will they just set a hearing or how does it go cuz I dont wanna loose

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                    • #11
                      Originally posted by KeYLeY37 View Post
                      I have a civil action hearing I ddnt call in and make my defense I ddnt realize I had to til now and my hearings at 9am can I call in the morn before hearing and do it and ifbi don't show up for it will they just set a hearing or how does it go cuz I dont wanna loose
                      Are you posting while drunk? My recommendation is to get sober and attend the hearing.

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