Garnishment of Wages-NEED HELP!! COURT DATE!
Date: Sat, 04/17/2010 - 20:03
I received a court date for garnishment of wages on Tuesday. I previously went to court over this and setup up payments, and made two, but was unable to continue paying. Then I got the garnishment court order, I got worried and called them (Midland Funding) to try to settle before the court date Tuesday. I don't have the money now, but told them I would settle for 1200.00 for a $1600.00 dollar debt in a week when I get my quarterly commission check. They are sending me a letter with the info for the settlement, but said they will continue with the court date for the garnishment, and if it goes through anything garnished won't apply towards he settlement. How long does it take to usually get the garnishment in place? I can pay the $1200 in about a 3 week time period, with $800.00 in a week. Did I screw up with the settlement? I just don't want the garnishment from my wages. I don't make a lot of money $30,000 and have a wife and baby, and lots of other debts. What do I need to do, take to court? PLEASE HELP? I live in Indiana Thanks!!!
You need a copy of that letter to take to court with you.
You need a copy of that letter to take to court with you.
I am not sure if I will have it by then. Is there anything else
I am not sure if I will have it by then. Is there anything else I can do to stop the garnishment at the hearing.
Have them fax a copy to you...get the phone number of your neare
Have them fax a copy to you...get the phone number of your nearest Kinko's/Fedex and get their incoming fax number.
im not sure the letter is going to help - you're saying you wont
im not sure the letter is going to help - you're saying you wont have the full amount to settle for three weeks but they are expecting it in one? on top of that you have previously defaulted on a court agreement? i would say things arent looking good. sorry. can you borrow the funds to settle? i wouldnt expect them to uphold a settlement two weeks late with a possibly active garnishment.
I told the rep lady I could pay $800.00 Monday a week after the
I told the rep lady I could pay $800.00 Monday a week after the court date, then the remaining $400.00 within another week. She said they would continue to try to garnish the wages. How long does it usually take to get the garnishment started. Like if I was paid Friday, and the court date is Tuesday. WOuld they start that Friday or would it take a week or two to get the garnishment started. If so I could have it settled before garnishment starts. If anybody knows please let me know. I have thought about bankruptcy but not sure if that the best route I have about 12,000 in debt, and make around $30,000 with a wife and kid.
Thank you very much.
Your creditor can start the garnishment from the day they get th
Your creditor can start the garnishment from the day they get the judgment stating they can. Even though it may take time for the creditor to get the documents together to send to your employer, you can probably expect payroll to be able to calculate the amount to send from the date of judgment and not the day they get it.
I have to agree with usernameislame about a settlement. Once the creditor has filed for a garnishment, it's unlikely they'll settle unless they think their odds of getting the judgment in their favor is low, and in that case they wouldn't have filed in the first place. Once the creditor gets a judgment from the court saying they can garnish your wages, the creditor has absolutely no reason to accept a settlement.
Quote:Originally Posted by OVLG AttorneyYour creditor can start
Quote:
Originally Posted by OVLG Attorney Your creditor can start the garnishment from the day they get the judgment stating they can. Even though it may take time for the creditor to get the documents together to send to your employer, you can probably expect payroll to be able to calculate the amount to send from the date of judgment and not the day they get it. I have to agree with usernameislame about a settlement. Once the creditor has filed for a garnishment, it's unlikely they'll settle unless they think their odds of getting the judgment in their favor is low, and in that case they wouldn't have filed in the first place. Once the creditor gets a judgment from the court saying they can garnish your wages, the creditor has absolutely no reason to accept a settlement. |
let's keep in mind that this place can't garnish more than the maximum % per check.in my state IL it's 15% of gross pay.they can't get the entire thing at once.even with a judgement.i do agree that it's too late to talk settlement.
They wanted to settle, and I told them I would about 2 weeks pri
They wanted to settle, and I told them I would about 2 weeks prior, but have been so busy with work and was unable to call back until last week. The rep said they will settle and is sending me the paperwork for that. This is what doesn’t make since, if they said they would settle, if they end up garnishing there would be no point for me to settle. I’m just confused/scared??? Don’t want a garnishment to effect my job, I’m an accountant.
[QUOTE=Anonymous;686260]They wanted to settle, and I told them I
[QUOTE=Anonymous;686260]They wanted to settle, and I told them I would about 2 weeks prior, but have been so busy with work and was unable to call back until last week. The rep said they will settle and is sending me the paperwork for that. This is what doesn???t make since, if they said they would settle, if they end up garnishing there would be no point for me to settle. I???m just confused/scared??? Don???t want a garnishment to effect my job, I???m an accountant.[/QUOTE]
that confuses me too as they are sending a settlement letter,and are gonna attempt garnishment.what state are in again?
As I understand it, it is against the law for your employer to t
As I understand it, it is against the law for your employer to take any action against you because of a garnishment.