Q: Question about Notice of Right to Have Exemptions Designated
I have a judgement against me for cc debt. I offered cc company a reasonable monthly payment plan & they accepted. They agreed ( in writing) not to take further action if I kept my account current - which I have for over 2 years. I was served this week with a Notice of Right to Have Exemptions Designated. Upon checking with the company, they thought I had missed a payment and thus took the next step of action to collect - this Notice. This was an error - they ackowledged that in writing and stated "no further action is necessary on your part". I had asked them if I still needed to submit to the court, the Notice. I would like to hear from another source that I do not in fact, need to submit this now that they have acknowledged their error & state I do not need to submit it.
A:
Ronald Reagan said "trust but verify." Or to quote another saying, "trust in God but lock your car anyway."
I don't trust creditors and seek to protect clients. I would have advised you to fill out the exemptions anyway - there is no downside to doing so. But if the firm lied, then you waive any potential exemptions by not filing.
You had 20 days from the date of receipt of the exemptions to fill them out and file them with the court. If you did not, then I would hope for the best and make sure that you send the payments on time. Keep copies of each payment you send.
If the creditor tries to execute anyway, you will have to ask for a hearing. At the hearing you will have to present that written agreement as well as proof that you timely made all payments to date and argue that the execution is improper.
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