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Question about CitiFinanical and garnishment...

Date: Mon, 09/24/2007 - 17:54

Submitted by ladybugmisty
on Mon, 09/24/2007 - 17:54

Posts: 51 Credits: [Donate]

Total Replies: 8


Can CitiFinancial do a bank account garnishment on a creditor? Even though the contract between the creditor and CitiFinancial says any disputes would go to aribtration? I'm currently 2 months behind on paying my loan with them, and they told me today that if I don't pay what I owe for the 2 months by the end of this week, they will file a judgement against me to garnish/empty out my bank account. Can they do that without going to aribtration first? I thought arbitration was used in place of court? I told them that I will pay them for the two months I'm behind on, but I can't pay it by the end of this week because of car repairs that I have to pay for in order to have a car to drive to work in. The earliest I can pay them would be in early October. :(

I live in Ohio, and am not familiar with Ohio's laws concerning aribtration and bank account garnishment.

Thanks,

Misty


I don't know the answer to ur question about arbitration but i DO know that getting a judgment is NOT as fast as they are making it out to be! To get a judgement they have to sue u.... Could take them a year or more before a judgement is given to them and "if" it is given to them. Most of the time they do want to work it out first.
Good luck,
Ang


lrhall41

Submitted by Ang on Mon, 09/24/2007 - 18:10

( Posts: 2306 | Credits: )


Quote:

Can they do that without going to arbitration first? I thought arbitration was used in place of court?


Little known fact - the main reason they have you sign the arbitration agreement is to protect their butts against class-action lawsuits. Try to sue them, and that's when they pull out the arbitration clause and say "remember this?"

The fact is, they would rather sue you through court process than go to arbitration. Nothing precludes them from filing a case against you - after all, the judge doesn't know that an arbitration agreement exists. It would be up to you to bring your arbitration agreement into court and raise it as a defense.


lrhall41

Submitted by DebtCruncher on Mon, 09/24/2007 - 18:55

( Posts: 2293 | Credits: )


I am not a lawyer but in my opinion abritration means nothing to a creditor unless you file suit against them kind of like what debt cruncher said. The only reason to go to abritration besides that is for the 2 parties to negotiate a deal outside of the courts but the agreement really is not worth any more than the paper it is written on. In other words it is uncollectable with out being backed up by a court order if you do not voluntarily pay although it could be used as evidence if you end up in court later on. They could not use an arbitration agreement to get a garnishment or to get access to your bank accounts. That is why the go to court and not to an arbitration hearing.

To address the threat they made about garnishment Ang is 100% correct. There is no way they could push a judgment through the court system and get a garnishment as fast as they are acting like they can.


lrhall41

Submitted by DOLLARSandSINCE on Tue, 09/25/2007 - 10:29

( Posts: 1078 | Credits: )


I have dealt with CitiFinancial and believe me, they are not fun. The woman I dealt with made it her mission to nail me to the wall! :twisted: If you can, give them something. Even if it is only a little bit. (If I had been able to, I would have, but I couldn't even pay the utilities, let alone them). It will (should anyway) get them to back off a little. But they will take you to court. They have absolutely no qualms about it at all.
I'm not telling you this to scare you, just to help you get prepared. They are one of the nastiest creditors I encountered and believe me, I had a ton. Try to give them something, and they may be more willing to make arrangements with you. But DON'T take away from your home and family to pay them. YOU and YOURS come first :mrgreen:


lrhall41

Submitted by terminalwhirl on Tue, 09/25/2007 - 11:09

( Posts: 61 | Credits: )


believe me they will ganish you I was not even 1month and a half past due and a policeman came into my office and give me a summons to court..I went to citifinancial and they paid my bill and they told me they would call there lawyers and drop the suit dont you believe it they garnished my wages and I didn't even know I was suppose to be in court she told me not to go its was all okay and the day that it went to court I wasnt even due.


lrhall41

Submitted by on Wed, 11/26/2008 - 06:11

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