Internet's first get-out-of-debt community - 129,000 members

luvingirlfrmcali@cs.com · Posted: Sun Mar 27, 2005 6:01 pm Subject: Garnishing my wages at 25%

How can I get started on fighting this should I call them direct because
they are taking 25% of my wages, they won a judgement,, I can't survive this way (' Mad

')
Mad

Posted: Mon Mar 28, 2005 9:59 pm Subject: You need to talk to them

Hi,

Welcome to the forums, you need to talk to them and see if some negotiation is possible. Since they won it legally, they are at a stronger end.

http://www.debtconsolidationcare.com/diy/

Regards
Simon

Posted: Tue Mar 29, 2005 8:23 am Subject: wages

bad tactics. the court makes there decision based on your monthly expenses if you told them you would be living on the streets if they took 25% of your wages they would have never agreed to that amount. if i were in a situation like you. when the magistrate was asking about monthly expen. i would have padded it alittle or alot so that they would come to a "cheeper" agreement. besides you cant be doing to bad, being online and all. i am at an unemployment office using a public computer! keep your head up. one more thing, i quit smoking and now pack a lunch and have saved myself OVER $250 a month. go over your buget and CUT CUT CUT. good luck ,

Posted: Tue Mar 29, 2005 5:37 pm Subject: Budgeting will surely help

Keep cutting expenses, a $ saved is more than a $ earned.

Posted: Sun Apr 10, 2005 11:57 pm Subject: Re: Garnishing my wages at 25%

Posted: Mon Apr 11, 2005 9:49 pm Subject: RE:

Hi,

As far as wage garnishment act is concerned it varies from one state to another because it depends on the employment and labor code or act of that particular state.

It is advisable that you check it out for your concerned state and take legal help if you feel that you are being wronged.

Benjamin had been correct in suggesting you to take the help of law.

Feel free to come forward with any further queries in the future. All the best. Smile

Cheers,
Jason

Posted: Sun May 08, 2005 7:57 pm Subject: Hey

I am assuming that you neglected to pay the bill they attained the judgment on for quite some time because agencies dont like to sue because it costs them money. Im thinkin you should get over it because there is no difference from goin down to your local gas station and taking gas without paying than from not paying this bill that you had....You are stealing. Its good they got a judgment. Collection agencies will take small payment trust me been there but if you werent such a dead beat you wouldnt have this prob. If its so bad shoot yourself

Posted: Sun May 08, 2005 8:14 pm Subject:

Sounds like you either let a default judgement hit you by avoiding/neglecting a summons.

OR you never received the summons in tyhe first place..which in some places are gounds for having it "Vacated" if proper procedures were not followed.

Jerry

Posted: Sun May 08, 2005 8:22 pm Subject: RE:

Hi john_johnson,

Welcome to the forum. Yes, I agree with you. Your suggested path is really a smart way to analyze and deal with such problems. Thanks John. Very Happy

We request you to contribute actively in the forum by sharing your experience and insights with the other members. Your active participation will help us to be successful in our mission to make a debt free community in the near future. Laughing

Regards,
Jason

Posted: Sat May 28, 2005 12:01 pm Subject:

Call the court house, ask the cleark what grounds a judgment can be vacated on, and what the time period is for taking action to vacate a judgment???

If you are still in the time period and you find that they didn't serve you proper notice to appear in court, you can dispute with the court requesting to vacate...

If it is vacated, then the collection agency may get to sue again, and the next time they will make sure to serve you proper notice... sometimes the court can dismiss a case with prejudice and that would mean that the collection agency could not return to court with the case.

Once vacated, you need to obtain a copy of this from the court house for your records, there will be a copy fee, what you do with that is make 3 copies and send along with letters to Experian, Equifax, and TransUnion explaining to them that the judgement was vacated and needs to be removed off of the credit report.

If you can't get the judgment vacated, then your only course will be to call the collection agency and explain to them that the 25% is too much if they can take lower payments for a longer period of time.

Each state's court system has a different law reguarding wage ganishment and interest added to a debt.

Plus there is a statute of limitations for judgments, but in this case that point is mute for you, since they are enforcing collections right now, some judgments do expire the SOL before being paid, then these cases are just closed... the credit reporting agency can still report the item for 7 years.

If the state allowed for renewal of a judgment, then the collection agency would have another day in court to continue the judgment, unfortuantely when that happens, it is a new judgment added to the credit report for another 7 years.

I don't know, but you might appeal to the court also to see if the judge would reconsider and lower the amount being garnished??? Worth asking the cleark at the court house when you call.

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 129,000 members

Garnishing my wages at 25%

Members Area

Free Debt Counseling

Ask the community

Community Photos

Featured Discussions

Featured Articles

Question of the Month

Also See

Recent Forum Discussions

Recent Blog Post