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Posted: Thu Jun 08, 2006 6:57 am Subject: Garnishment Question, please!!

Hello all....
I received garnishment papers to my employer, but I want to go and put in an objection at the courthouse. Has anyone out there ever done this or have and help on it? I want to set up a payment plan thru the courts, that's what the lawyer handling this case for the company I owe is saying. Any help is greatly appreciated. Thank you.

Posted: Thu Jun 08, 2006 7:35 am Subject:

Posted: Thu Jun 08, 2006 7:43 am Subject:

LessisMore~
What makes you think he is setting me up? I had talked with him a couple of times prior to getting the paper work about a payment arrangement, which after some communicating, we had agreed on a reasonable one, but by that time the papers were already being served. So he then said that I could just go to the court house and put the same arrangements thru an objection and see what that does. I don't see him as trying to get me for anything else. If I do the same amount thru the courts as we had agreed on before hand, what would make the difference?

Posted: Thu Jun 08, 2006 7:52 am Subject:

Posted: Thu Jun 08, 2006 8:09 am Subject:

I guess that's just who I am, I always like to think that people are being straight forward with me and wouldn't jerk me aroun. I know, shame on me! It doesn't cost anything to file an objection, so I am going to do that this afternoon, it's worth a shot. As far as the bankruptcy thing, that was an option that I always had in the back of my mind, but I don't have the big lump sum to get it started!

Posted: Thu Jun 08, 2006 8:21 am Subject:

Posted: Thu Jun 08, 2006 8:51 am Subject:

Thank you for all of you advice. I am going to have to check into all that, the low cost scenarios and such. I hope that one works out.

Has anyone heard of ADC - American Debt Collection - they are workign for Pay Check Now - the amount they are asking for is $105.00 more than I owe and I have been paying $75.00 to PCN since Dec. 2005 - I think I paid enough?

Posted: Thu Jun 08, 2006 12:00 pm Subject:

dduvall, ADC should not collect more than the permissible interests and fees as per your state laws. Dispute with the company and request them for the payment transactions made on this account. Review each of the items thoroughly and then move from that point.

Posted: Thu Jun 08, 2006 2:23 pm Subject:

Angel,
you can go to the county courthouse and file an objection. What this would do is buy you some time and possibly reduce the amount of bi-weekly payments. It will add court costs to the garnishment, however.
I'm confused as to why the attorney suggested you do this...He can stop the garnishment at any time, It seems that he was pulling your leg. looks like he's trying to get a little extra. When you go to dispute this, make sure you're prepared! Have check stubs and w2s if possible, and make sure you draw up a monthly budget that shows why you cannot afford a garnishment. Good luck.

Guest · Posted: Thu Jun 08, 2006 2:26 pm Subject:

finsfan13,

Yup. Taking advice from the attorney of your adversary is dicey anyway. It could be compared to General Custer taking the advice of Sitting Bull's war-chief on how to fight the upcoming Battle of Little Bighorn.

I hope Angel gets an attorney in her corner at the earliest opportunity.

Posted: Thu Jun 08, 2006 2:27 pm Subject:

Posted: Thu Jun 08, 2006 2:36 pm Subject:

Hi Less!
Not surprised to see you here in the garnishment thread with me! LOL.
I always dream about changing career paths..Sometimes I think I garnish people for a living! But hey, it sure does let me help people here!

Posted: Thu Jun 08, 2006 2:50 pm Subject:

Posted: Thu Jun 08, 2006 3:00 pm Subject:

Yeah, we're cool that way with the 28 days. Every employer has to give a REASONABLE amount of time, though..Meaning, if you get your papers on a Friday and payroll is done on Monday, and then you get paid on Thursday, you will not get garnished for that check. Make sense? The reason we..And, it seems, a lot of other companies..Give the 28 days is that an employer has 28 days to file it from the day of receipt, or it's a jinormous fine. So as long as your company's bookkeeping is pretty modern, you'll get a nice little extension. BUT>>here is the disclaimer..The 28 day thing is NOT federal law...Federal law only states employee must be given a reasonable amount of time. My reasonable could be a lot different from that of a crabby hr rep. If you talk to the hr rep about it, though, they can usually give you as much time as they're allowed.
Less, I'm happy for you...I know it's a weight off of your weary shoulders!

Posted: Thu Jun 08, 2006 3:05 pm Subject:

Less,
You know what? I don't think I'd know what the dispute form looked like if i saw one! That's all legal stuff, way out of my realm! I do tell people they can do it, though, I've seen people have some success. I've seen more people have more success by begging the creditor to drop the garnishment and let them try again, even offering to make bigger payments that the garnishment would ask for...No one wants a judgement on their credit file.

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