Internet's first get-out-of-debt community - 134,000 members

Posted: Tue Jul 10, 2007 8:13 am Subject: while in a settlement program

while in a settlement program can a creditor file a garnishment on you

Posted: Tue Jul 10, 2007 8:19 am Subject:

Although i don't know for sure, it seems like i've read of that happening on this board before! I'm sure someone who knows more will be around soon to answer. Has this happened to u??
Can u give a little more details?
Good Luck,
Ang

Posted: Tue Jul 10, 2007 8:33 am Subject:

Welcome to the Community Very Happy

Have you been to court and had a garnishment against you? A creditor has to take your to court, if I am not mistaken, to issue a garnishment, unless you are talking about a wage assignment. The important thing is, if you are served papers, be sure and respond to them and show up in court. Feel free to ask questions, maybe I misunderstood what you were asking! I deleted your duplicate posts for you..KAren

Posted: Tue Jul 10, 2007 8:39 am Subject:

I have a default judgment on me Bossy and if i understood my atty correctly, he's gonna send out a debt validation letter to CACH to verify how they came up with the amount as it has tripled from original debt!!
So, i don't think it's ever too late to validate a debt even if it's a judgment.... but of course i could be wrong....
Ang

Posted: Tue Jul 10, 2007 8:40 am Subject:

They do not have to cooperate with the settlement company from what I have read. It is strictly voluntary on their part.

Posted: Tue Jul 10, 2007 4:04 pm Subject:

Creditor can take you to the court even if you are enrolled with a settlement company. The judge will see the entire process of how you have been dealing with the settlement company and trying to make arrangements with the creditors. You have to explain your situation to the judge so that you don't have a default judgment by your creditor.

Posted: Tue Jul 10, 2007 4:14 pm Subject:

Absolutely they can take you to court and I have heard many horror stories of this happening. Make sure you stay in contact with your debt settlement company and they are applying the payments correctly.

Posted: Wed Jul 11, 2007 7:45 am Subject:

The only absolute way to avoid court is if debt company has a written contract between you and creditor agreeing to terms of repayment.

Guest · Posted: Thu Jul 12, 2007 5:43 am Subject:

Chances are far more likely you will get sued working with a debt settlement program that does not know what they are doing. google sifxpert and get your advice from him.

Posted: Thu Jul 12, 2007 11:58 pm Subject:

Lawsuits in matters of debt collection are far less prevalent than one would think. Many debtors fall behind on payments, or are unable to make payments for years, yet never hear from an attorney. Obviously a bank has the right to sue and collect the money owed to them, but most often if you keep the lines of communication open, even if through your negotiator, the likelihood of being sued is minimal. Banks would much rather come to an agreeable compromise than go through the process of litigation. The threat of an impending lawsuit is a primary reason that many people unwisely and hastily file for bankruptcy. It is widely acknowledged that the costs associated with going to court far exceed the benefits. If there is an alternate solution available, such as debt settlement, a creditor typically chooses the avenue that will allow them to minimize their losses.

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