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Served with Summons (Gerald E. Moore & Fredrick Jahannon

Date: Fri, 08/10/2007 - 07:02

Submitted by anonymous
on Fri, 08/10/2007 - 07:02

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Total Replies: 2


My husband was served with a court summons for an unpaid credit card from 2 years ago. Gerald E Moore is the law firm representing WorldWide Assets. They are threatening garnishing his wages or our bank account if it's not paid in 10 days. It's only $1400 but we are one income family and that's a lot. Later that day I got a call on one of my cards that we haven't paid on threatening the same. They said the summons would be sent out next week for the $1100 balance. I've heard not to listen to the threats but these have gone 'legal' now. I'm worried about them garnishing his wages or our bank account and us having nothing. We've got 3 kids! Can anyone give me some advice and calm me down? Oh, and they said they would settle if I paid them today and it was only a little more then 10%. HELP!


Unfortunatly, the only way to stop garnishments is file BK, and I don't know if your situation warrents that kind of response.

I would try like crazy to get the creditors to agree to some sort of payment plan. If the creditor agrees you are in the clear. If they take you to court, the judge usually only care about if the debt is owed. I went to small claims court a few months ago and the first thing the judge said was "Saying you can't afford to pay is NOT a defense. It will not work with the court." I don't know if your court will be the same, but that was my experience.

It varies by state, but most states will allow garnishments up to 25%.

They said they would settle for $140? Take that!

And just so you know, collection agencies cannot threaten legal procedings unless they are really planning on going through with it. So I would take the threat from the other company seriously.


lrhall41

Submitted by goudah2424 on Fri, 08/10/2007 - 07:21

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Garnishment procedures do vary state to state. In Florida, I believe they use the 25% figure and some states use others. Those percentages are usually based on your "disposable income" AFTER base living expenses not your net pay after taxes. As I understand it, most courts will make you submit a financial statement. It is scrutinized and whatever is deemed left as disposable income is garnished at 25%. Sometimes it is quickly discovered that there is nothing to garnish. I don't think a judge would allow a situation, for example, where the garnishment is going to cause you to default on a mortgage. I may be wrong but I think garnishments are on disposable income, not net income.


lrhall41

Submitted by on Fri, 08/10/2007 - 08:53

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