Summons/Judgement Question

Yes, they will get a judgement and they will garnish your wages, when? That's anyone's guess.

You might want to consider bankruptcy if the amount is large enough...but that will cost you $1,000 plus to file.

Good luck,
Guest by design

I can't afford bankruptcy either.. and as much as I would like to settle of save the money to pay them all off... it is very difficult. I will have to fight the garnishment because I am the head of household and I understand they will not be able to do it if that is the case. Thank you for the information.

If I were you I would contact them, see if you can work some type of payment plan with them. You have to show up in court in order to fight the garnishment.

what happens if they get to serve me?

sorry I meant if DO NOT get to serve me...

I would rather someone else with more knowledge answer this OK? All I know is I went to court because a CA got a default judgement against me, they attempted to serve me but never did because my address changed, so when my employer received the garnishment order, I sent a letter and asked for a continuence stating that I knew nothing about the court date and didn't have a chance to defend myself. To make a long story short, they made another court date, I went, and explained I could not aford to live if they took this money from my pay check, well, it was dismissed because they were cited for failing to serve me properly. That's my story, but someone will be along to help you out shortly so please hang in there!

And remember, all hope is not lost, just hang tight until someone who knows more about this can answer you!

Sorry, I mean, the case was dismissed on the grounds I was not served properly. :?

THANK YOU SHAZZERS!!!!

Look up Florida's civil code of procedure to find out what constitutes proper service. The collector may be able to publish a notification in the newspaper, which could constitute proper service (service of process by publication).

Question: Is it true that if an individual is "Head of Household" your wages can not be garnished?

sorry forgot to sign in... that was my question

All states have different rules for stuff like that.

Did you DV the lawyer? If they are acting as a CA then you can DV them. I am not sure, but since you have not been served yet you still may be able to DV, but even if not, you can still send it out, it can't hurt and could be alot of help!

If they intend to sue, avoiding them really won't solve your problem and has the potential to make it much worse! In court you actually have some options. For one, you can DV them in discovery, and if they can't provide proper validating documentation (and many of them can't) you can have the case dismissed. The validation is still a great help even if they do have all the paperwork, because it will show date of last activity, so if it is SOL you can use that, also it has to prove the amount they are suing for....many many CAs jack up the amount much more then is legally allowed, simply because people don't know it isn't legal!

And finally, if they do manage to prove it all up, you can work out a payment arrangement with the court, who will impartially look over your assets and such, and work out a plan you can afford. I have heard of courts doing this time and again. I think the garnishments are for when a CA gets a judgement but nothing is worked out in court, so they just take it the next step to get paid.

CAs bank on the fact that the thought of court terrifies most people, thinking that they will starve, not have a home, etc. But you are far from helpless in court....read up, learn..you can fight and often win!

You know...you should check with the local court to see if there has really been anything filed....it sounds strange to me that a place would hound you because they can't serve you...wouldn't that just make you even more careful to avoid it? :D