Summary judgement in ohio

by Denise
(Montgomery county ohio)

A credit card company is suing us for $7,000. We got a court date but 3 weeks before the date we received a letter from the collection agency stating they have a summary judgement to garnish my husbands wages, so our court date never happened. I called them they want a large down payment and big payments or they will submit for garnishment. What does a summary judgement mean? What happens next?

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May 16, 2011
Summary Judgment in Ohio

A court issues a summary judgment in a lawsuit when one of the parties to the lawsuit -- the credit card company in your case -- is able to prove to a judge that there are no issues to be resolved by going to trial. In other words, the facts of the case are so clear and obvious that a trial is not needed.

Now that the credit card company has a summary judgment against you, it is legally entitled to collect on the amount of the judgment and as it has warned you, it will ask the court to garnish your wages if you do not pay the judgment. Given your situation, you have a couple options if you agree that you do in fact owe the $7,000. You can contact the credit card company to see if it will agree to let you settle the debt for less than what you owe; you can try to work out a payment plan to pay the amount of the judgment over time; or you may want to file for bankruptcy. If you file for bankruptcy, the credit card company will not be able to enforce its judgment while you are in bankruptcy and you will buy yourself time to figure out what to do about your debts.

If you would like to set up an initial appointment with a bankruptcy attorney to discuss your options in light of your overall financial situation, click here to arrangea free consultation with a bankruptcy attorney.

Best of luck!

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