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Old 04-13-2009, 01:24 AM
werkit werkit is offline
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Default Restraining Notice and Court Appearance Questions

Hello all. First time poster. Just found this forum and been soaking up the information.

I recently received a restraining notice from my bank on my savings account. Due to the fact I was traveling when I learned of the lien, I immediately went to my local civil court the day I returned to file a court appearance to lift the lien. I wasn't able to wait to file an exemption since this is a majority of my savings and I had just moved back to my city and am searching for an apartment. My bank did send me a check of an amount that was exempted.

My plan as of now is to appear in court and tell the judge that I would like to settle the amount owed to the creditor and hopefully have the lien lifted this week. I have a few questions for those that may have gone through this.

1) Is this a good response? My lawyer friend said that I could be exempted due to being the primary head of household, but when I filed the paperwork the court clerk said that no judge would accept that as a cause and I should just say I am planning on paying the judgment.

2) How long does it typically take from a lien being lifted and the money actually being available in your bank account?

3) I would like to settle my debt, as it is my only outstanding debt, but I would still like to settle for less then the full amount, as I am currently jobless and settling for the full amount would put me in more of a jeopardizing situation in this current economy. Will I still have the option to negotiate the settlement amount or will I be agreeing to pay the full amount to get the lien lifted?

4) As of today, no judgment has showed up on my current credit report. Is it likely that after the court hearing I will have this on my record?

Any other advice for anyone that has been in this situation is greatly appreciated. Thank you all in advance.
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