Legal Question in Credit and Debt Law in Maine

court ordered paymets

I appeared in court for a disclosure hearing. I was ordered by the judge to pay fifty dollars monthly to the creditor. i do not have this amount to pay. What can I do?


Asked on 3/08/08, 2:11 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: court ordered paymets

I would have to review the Order to advise.

How could you NOT come up with $50/month? SHift other bills around, as you may be found in CONTEMPT under the Order if it is customary.

You MAY need to file Bky to wipe out the debt.

Call or email for further legal consultation.

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Answered on 3/08/08, 3:23 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: court ordered paymets

At the disclosure hearing the judge determined you could afford the monthly payment. Have circumstances changed? How much time has passed since the hearing? What can you afford now?

You should contact the creditor and let them know that changed circumstances since the disclosure hearing have created your inability to pay on the current order. The creditor should be willing to take your new information to determine your current ability to pay. If you can agree to a lesser payment plan, the parties could seek to have it replace the current order.

If you reach no agreement and don�t pay on the current order, the creditor should be able to order that your employer garnish your wages. Are you employed? The creditor could also bring a contempt motion against you. But you should be able to avoid a finding of contempt if you have no present ability to comply with the order. Any contempt hearing would likely include your being re-disclosed for a new payment installment order. Alternatively, the creditor may simply seek a new disclosure hearing, if 6 months have passed since the last one.

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Answered on 3/12/08, 8:30 am


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