Garnished for 6 months
Date: Mon, 02/02/2009 - 12:13
To be honest we have had to borrow money to keep our heads above water and are barely scraping by. We thought that the end was in sight but they are demanding about 3 times as much as we wanted to pay.
We live in Georgia but work in Alabama, the court judgement was in Georgia.
I appreciate any advice you can give.
Terry were you notified that you were being sued and you failed
Terry were you notified that you were being sued and you failed to respond?
i agree with the guest, have you been to court? or was you summo
i agree with the guest, have you been to court? or was you summoned and did not show? the judge must order garnishment they just cant garnish you with out that. Usually the judge will come up with something that is fair that you can afford, and i believe i read in a nother post that they take your expences into consideration, and that they cannot take you below minimum wage.
The summons was at my mother in laws, they live right next to us
The summons was at my mother in laws, they live right next to us and sometimes get our mail, we never got it until it was too late.We got garnished without even knowing about it.The lawyers said to call them after 6 months and arrange a payment plan, there is no debate , its what they want or the garnishment continues.
Terry, when you got the summons(eventually), was the address lis
Terry, when you got the summons(eventually), was the address listed as yours or your mother in laws? If it was your mother in laws, you might be able to vacate the judgement due to imporper service. Something you mihgt want to look into.
It was our address. Its more the fact that they can dictate the
It was our address. Its more the fact that they can dictate the amount we pay with the new monthly arrangement that irks me. I suppose we will just have to live with it.
I appreciate all your comments.
Actually, they can't dicate the amount you pay. You can dispute
Actually, they can't dicate the amount you pay. You can dispute the amount with the courts. You do have to show your expenses etc. I'd file a dispute with the courts saying the amount they want as payments is too much, and you'd like a payment arrangement that you can afford.
Terry, if I'm not mistaken, wage garnishments expire every three
Terry, if I'm not mistaken, wage garnishments expire every three months and the debt collector must renew it with the court in order to keep collecting. I think you can file an 'Objection to Writ of Garnishment' with the court, in which case a hearing would be held and you will have the opportunity to state your case in front of the judge. I would contact the court. Also, there is a limit of 25% of your disposable income that can be garnished. Did you ever fill out a disclosure stating your financial situation, monthly bills, etc? The court takes all that into consideration.
garnishment
Terry,
I also had a wage garnishment that was my own fault because I ignored the summons and court appearance. Big mistake, but you live and learn. Anyway, I did prepare a financial statement and went to the judge and proved I was unable to live without the garnishment and amazingly he removed it completely. There are alternatives and YOU shouldn't listen to the debt collectors advice or what they tell you, investigate and learn the laws yourself. You can fight this.
garnishment
Sorry, last post I said I couldn't live without the garnishment - I meant to say WITH the garnishment!!!
Hang in there and always KNOW THE LAW and YOUR RIGHTS. I hope everything works out for you, I know first hand how scary and awful that court stuff can be!!