Beneficial/Cavalry judgement

[irollerskate 0]

Hi I'm new here and am at my wits end on what to do.

In 2008, I got a $13,000 personal line of credit from Beneficial. I was paying extra every month for insurance in case I was unable to work due to an injury etc. Well, I broke my leg that year, and asked to have the insurance coverage be put into effect. They denied me because I was self employed. Funny thing is, they knew I was self employed when I got the line of credit. I fought it with a lawyer, and they dropped it. Then, on December of 2011, a judgement was entered against me for $14,996.94. I have not been able to make any payments, plus I feel that they are at fault for charging me insurance when they knew damn well I was self employed.

 

I just received by mail in my mailbox, a new court document. It is a "Challenge To Garnishment", and attached is the writ of garnishment that I never received before, and in that writ it states," A judgement was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on January 8, 2011."

 

I never got that set of paperwork either. The new requested amount is $42,242.47

 

The statute of limitations in the state of Oregon is 6 years. We are at 7 right now.

 

What do I do? I am a single mom, full time student living on financial aid with no savings, nothing. I get $150 a month in child support for two teenage girls. Barely scraping by. What can they garnish? I don't have a job!

 

Please help me, I am still going through a nasty divorce, and really don't need anymore court apperances, they are getting in the way of my education.

 

Thank you!

[1stStep 242]

You may need to file BK.

[Clydesmom 1,134]

 

The new requested amount is $42,242.47

 

The statute of limitations in the state of Oregon is 6 years. We are at 7 right now.

 

The SOL for SUING you is 6 years.  The SOL for collecting on judgments in OR is 10 years.  AND that judgment might be able to be renewed.  So on a judgment entered in 2011 they have until 2021 to collect on it and then would have to simply petition the court to renew it if it isn't paid off.  

 

What do I do? I am a single mom, full time student living on financial aid with no savings, nothing. I get $150 a month in child support for two teenage girls. Barely scraping by. What can they garnish? I don't have a job!

 

What @1stStep said:  file bankruptcy.  Between the post judgment interest, length of time they can collect, and the amount it would take you decades to pay it off.  The last thing you want is the seizing bank accounts or assets as you get them.  

 

[debtzapper 1,272]

@irollerskate

 

See if you qualify for free legal help with BK:

 

 

https://www.osbar.org/public/legalinfo/bankruptcy.html