Garnishing my wages at 25%

Hi,

Welcome to the forums, you need to talk to them and see if some negotiation is possible. Since they won it legally, they are at a stronger end.

http://www.debtconsolidationcare.com/diy/

Regards
Simon

bad tactics. the court makes there decision based on your monthly expenses if you told them you would be living on the streets if they took 25% of your wages they would have never agreed to that amount. if i were in a situation like you. when the magistrate was asking about monthly expen. i would have padded it alittle or alot so that they would come to a "cheeper" agreement. besides you cant be doing to bad, being online and all. i am at an unemployment office using a public computer! keep your head up. one more thing, i quit smoking and now pack a lunch and have saved myself OVER $250 a month. go over your buget and CUT CUT CUT. good luck ,

Keep cutting expenses, a $ saved is more than a $ earned.

[quote=luvingirlfrmcali@cs.com]How can I get started on fighting this should I call them direct because
they are taking 25% of my wages, they won a judgement,, I can't survive this way (':x')
Mad[/quote]

Definitely try to contact them to see if you could work out some payment plan. Let them know that you can not survive like this. If that doesn't work, get a lawyer.

Hi,

As far as wage garnishment act is concerned it varies from one state to another because it depends on the employment and labor code or act of that particular state.

It is advisable that you check it out for your concerned state and take legal help if you feel that you are being wronged.

Benjamin had been correct in suggesting you to take the help of law.

Feel free to come forward with any further queries in the future. All the best. :)

Cheers,
Jason

I am assuming that you neglected to pay the bill they attained the judgment on for quite some time because agencies dont like to sue because it costs them money. Im thinkin you should get over it because there is no difference from goin down to your local gas station and taking gas without paying than from not paying this bill that you had....You are stealing. Its good they got a judgment. collection agencies will take small payment trust me been there but if you werent such a dead beat you wouldnt have this prob. If its so bad shoot yourself

Sounds like you either let a default judgement hit you by avoiding/neglecting a summons.

OR you never received the summons in tyhe first place..which in some places are gounds for having it "Vacated" if proper procedures were not followed.

Jerry

Hi john_johnson,

Welcome to the forum. Yes, I agree with you. Your suggested path is really a smart way to analyze and deal with such problems. Thanks John.:D

We request you to contribute actively in the forum by sharing your experience and insights with the other members. Your active participation will help us to be successful in our mission to make a debt free community in the near future. :lol:

Regards,
Jason

Call the court house, ask the cleark what grounds a judgment can be vacated on, and what the time period is for taking action to vacate a judgment???

If you are still in the time period and you find that they didn't serve you proper notice to appear in court, you can dispute with the court requesting to vacate...

If it is vacated, then the collection agency may get to sue again, and the next time they will make sure to serve you proper notice... sometimes the court can dismiss a case with prejudice and that would mean that the collection agency could not return to court with the case.

Once vacated, you need to obtain a copy of this from the court house for your records, there will be a copy fee, what you do with that is make 3 copies and send along with letters to Experian, Equifax, and TransUnion explaining to them that the judgement was vacated and needs to be removed off of the credit report.

If you can't get the judgment vacated, then your only course will be to call the collection agency and explain to them that the 25% is too much if they can take lower payments for a longer period of time.

Each state's court system has a different law reguarding wage ganishment and interest added to a debt.

Plus there is a statute of limitations for judgments, but in this case that point is mute for you, since they are enforcing collections right now, some judgments do expire the SOL before being paid, then these cases are just closed... the credit reporting agency can still report the item for 7 years.

If the state allowed for renewal of a judgment, then the collection agency would have another day in court to continue the judgment, unfortuantely when that happens, it is a new judgment added to the credit report for another 7 years.

I don't know, but you might appeal to the court also to see if the judge would reconsider and lower the amount being garnished??? Worth asking the cleark at the court house when you call.