Results 1 to 5 of 5
  1. #1

    Default What Relief Can a Court Grant from a Judgment and Garnishment

    My question involves judgment recovery in the State of:Georgia

    I have a judgement on me from a property I bought back in 2004. Do I have any ground for pleading to the mercy of the court in a relief of judgement. Its not looking good for me and the judgement is very large.

    Back Story - bought a property in 04 with partner. It is an apartment complex. 20 units.
    we struggled on this property from day one. never made a dime but for the first 2 years we were able to use the rents to pay expenses and the debt. Starting in 2008 we had to start coming out of pocket to pay the debt. we did that for 2 years and in 2010 we couldn't afford to keep it afloat. In 2009 a bank out of CA bought the bank we dealt with because it failed. I can only imagine they were able to scoop up our loan for pennies on the dollar.

    Anyway back to the story. The Initial notice default and acceleration of note was filed May 2010. it was after several pleadings with the new note holder to work with us and they had nothing to respond with. they exercised the power of sale notice in 2011 and the property sold in feb 2012.
    Action to recover deficiency was Feb 2013.

    2 and a half years later the bank got the judgement for 4x what i owe netting out the sale of the property. all of this is money is from the accelerated interest on the amount owed from when it was in default to today. . .

    My question is - is there anything in law asking from mercy of the court? or Relief from a judgement? and has it ever been successful. ..

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I Think I Have Ran Out of Rope in My Garnishment

    You have no legitimate reason to have anything overturned - correct? You're just wanting it to go away, effectively - correct?

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: I Think I Have Ran Out of Rope in My Garnishment

    Sorry, the court has nothing to do with it. The judgment is legit and enforceable for some years to come while the debt keeps growing and growing with interest, attorney fees and court costs.

    There's two options that I can think of.

    Offer a discounted lump sum cash settlement.

    If you don't have that kind of money the alternative is bankruptcy.

    If you can qualify for Chapter 7 it all goes away.

  4. #4

    Default Re: I Think I Have Ran Out of Rope in My Garnishment

    I have legitimate reasons for it to be overturned however its not looking good at the moment.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: I Think I Have Ran Out of Rope in My Garnishment

    Quote Quoting Bank Taken me to the Bank
    View Post
    I have legitimate reasons for it to be overturned however its not looking good at the moment.
    Then you are only imagining that you have legitimate reasons when you really don't.

    You'll spend a lot less money on bankruptcy than on any other type of litigation.

    1. Sponsored Links
       

Similar Threads

  1. Enforcement of Judgments: How to File a Motion for Relief from a Divorce Judgment
    By Wonder52 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-22-2015, 03:03 PM
  2. Garnishment and Execution: Collection or Garnishment of Superior Court Judgment Againts a Used Car Salesman
    By emanomaly in forum Civil Procedure
    Replies: 1
    Last Post: 02-07-2014, 10:20 AM
  3. Post-Conviction Relief: Can You Introduce New Evidence in a Motion for Relief from Judgment
    By aladdin4d in forum Criminal Procedure
    Replies: 3
    Last Post: 02-23-2013, 12:24 PM
  4. Speeding Tickets: No Response From the Court for a Motion for Relief from Judgment
    By couchboy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 06-14-2010, 06:17 PM
  5. Replies: 1
    Last Post: 08-07-2007, 06:24 AM
 
 
Sponsored Links

Legal Help, Information and Resources