Please help, question about garnishment

Date: Wed, 11/17/2010 - 18:33

Submitted by mally
on Wed, 11/17/2010 - 18:33

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Question about wage garnishment. I just received a letter from Daniel N. Gordon saying that they had sent a letter to my employment about wage garnishment. I am an independent contractor and get paid monthly. This company has corporate headquarters in MA. I don't know what to do, my husband just lost his job and I found out I'm pregnant and we can't afford to lose any income. Can they garnish my wages and how much? I know that in oregon it's 25% but than I am reading elsewhere that if you are an IC they can take the whole paycheck. Is that possible? What if that's all you have to live on? I'm thinking of filing for bankruptcy..I eventually want to pay off the debt but this is just too much stress. After two years they contact me again. The debt was originally for 1,988 but is now 4,000. I only get paid once a month and I'm afraid they might levy my accounts receivable until they get their full payment. It just doesn't seem right because that's my source of income. I'm devastated they always seem to do this before the holidays.

hi madala-- first thing's first....it is not legally possible

hi madala--

first thing's first....it is not legally possible to levy your account or garnish your wages unless they first have sued you in court and won their case against you. Have you ever been sued over this debt? I would check your court clerk's office in your county just to make sure that they didnt sneak an illegal default judgment past you. If they did, there's a way to handle that too. But from your post it sounds like you have no knowledge of any such lawsuit. Please get back to me on that....as there are multiple options for you depending on your answer there.

OK, something else doesnt seem right. How old is this debt? You mentioned two years ago, but there is NO legal way that I can think of that a debt would go from 1900 to 4000 in two years. Unless they did sue you and you have to pay their attorney fees too, I just dont see how that could be legal. That would be a killer interest rate and states each have their own law regarding maximum interest rates--its called usury. Do a search for your state's usury law and you will find the maximum allowable interest that you can be charged.

Also, what kind of debt is this? A credit card account?

Do not panic! When I get in from work tonight I will write up a letter that you can send to this debt collector. Have you ever been contacted by this attorney before?

lrhall41

Submitted by skydivr7673 on Thu, 11/18/2010 - 04:48

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I was sued by them but at the time I didn't know how bad a judgm

I was sued by them but at the time I didn't know how bad a judgment was and I was unemployed. I believe I just received it in the mail and thought that it wasn't real or they were just trying to scare me. It's been several years original credit card was I believe received in 2000-2001 and I had it for about a year or less than before I wasn't able to pay on it anymore..I can't remember but it was during my freshman year in college and they must've found out I started working again so they are trying to garnish. The original debt was for around close to 2,000 and the other fees are attorney fees, etc. I work as an independent contractor and get paid monthly so it would take 4-6 months of garnishment/levy to get their payment of 4,000. I know a judgment is bad now and feel so bad that if I had just listened to the judgment things wouldn't have gone that far. There is a judgment against me because I had checked my credit report. Thanks skydivr7673 any advice would be greatly appreciated.

lrhall41

Submitted by mally on Thu, 11/18/2010 - 06:47

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