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Need to stop a garnishment

Date: Tue, 07/25/2006 - 05:16

Submitted by lanita.campbell
on Tue, 07/25/2006 - 05:16

Posts: 25 Credits: [Donate]

Total Replies: 8


Help - I had a credit card that I had defaulted on and was paying through a collection agency; they then sold it off and the next collection agency wanted to settle for the full amount and would not send any statements when you had paid. They then decided they wanted to close out the account and called saing they would call back with a settlement amount. When nothing was heard in a few days, I called once again and was told "Oh, we filed with your courts for $$amount. I sent them the amunt they requested and it has been cashed, however my paycheck is now being garnished for the amount they are allowed to take each week according to Ohio state law. Where do I start in getting this stopped? The first week, I ended up occuring overdraft fees in my checking account because I did not think there would be a garnishment since they had received their monies. What do I need to do to get this stopped? Please help! -- Lanita


You need to talk to a lawyer in this regard. You will be liable to pay only if there is a balance amount. I guess, you can only stop a wage garnishment that has already started by either paying off the debt in full or placing a consumer proposal with the creditor. The trustee will review your financial situation and prepare the total monthly payments needed to clear off the debt. Then the proposal will be sent to the creditor for acceptance. If this gets arranged, the garnishment can be stopped. But you need to take the professional advice of a lawyer before getting started in this direction.


lrhall41

Submitted by anthony on Tue, 07/25/2006 - 10:52

( Posts: 456 | Credits: )


Ok...You're probably not going to be able to get it stopped, but possibly you can get it reduced.

First off, the only one who can stop it is the creditor. The courts will not intervene unless there is a bankruptcy. I have filed maybe one writ were the garnishee was able to get it stopped. You'd have to make arrangements with the creditor..Basically beg them for another chance. You'd also have to pay extra fees, too. And the original judgement stays on your credit report. Then..If you default on those payment arrangements, they can simply refile, and there's a second big black mark on your credit report.

You can have it reduced, though..If you can't afford it. Go to your district court. There is a paper you can file. This paper DOES NOT exist online, no matter what other people tell you!! File the paper, then they will give you a date to go before a magistrate. You will need checkstubs, w2s, and a budget plan. Hopefully you can convince them to reduce this. I have seen this work. I have seen garnishments get reduced from 25% to 15%. That really is a big difference.
Good luck!


lrhall41

Submitted by finsfan13 on Tue, 07/25/2006 - 15:24

( Posts: 6919 | Credits: )


WoW! fins, that's a wonderful explanation. You have put this in practical terms. Yes, anything that be done to make such situation better is to deal with the creditor. Since they are the ones to take the matter to the court and garnish the wages. I wonder how many such cases you have seen happening in your work.


lrhall41

Submitted by andyyoung on Tue, 07/25/2006 - 15:33

( Posts: 451 | Credits: )


Aw shucks, Andy, Thanks!

In 6 years I have seen just about everything. My favorite was something that happened last year..A woman was being garnished for a little over $500. It was for attorney's fees, so the actual creditor was an attorney. I told this woman to try to make arrangements with this man. So she called him, and he agreed to drop the garnishment, and they came up with a payment plan. So he tells her to tell me that he'll send the dismissal in the mail. So I wait and wait..Meanwhile the money is still being taken out. She was losing like $225 every two weeks. Finally, on the third pay period, I got the dismissal..She owed about $70. She was furious. I had to laugh..It was obvious he did this on purpose. He said he'd dismiss it, he never said WHEN....


lrhall41

Submitted by finsfan13 on Tue, 07/25/2006 - 16:41

( Posts: 6919 | Credits: )


The problem I had was this was paid to the Weltman etc. and should never have went to garnishment. I have the copy of the transaction that was made. I have sent certified letters asking for a "payment in full" but have not received a reply back but I have a receipt where this was received. I have also made repeated phone calls and have not had a response back. I figure I can make repeated calls to them as they did me until I receive an answer.


lrhall41

Submitted by on Wed, 07/26/2006 - 06:41

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Wait a minute, Lanita...I'm trying to figure this out.

How much was the original amount?

You were paying to a CA...How much did you pay them.

And then you PAID the amount they asked for...And then they CASHED it...And now they're still garnishing you?? Something is not right here.

There's an attorney here in Columbus..I'll PM you his name. He gives a free consultation. He'll let you know what to do.


lrhall41

Submitted by Jessi on Wed, 07/26/2006 - 06:59

( Posts: 3361 | Credits: )


How likely is it we can settle an old debt that has gotten a judment before the creditor prodeeds to garnish my husband's wages? Will the creditor likely demand the full amount? We're ready to write a check NOW.


lrhall41

Submitted by on Mon, 03/26/2007 - 14:41

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