Question About LVNV/Wage Garnishment in Florida
Date: Mon, 04/26/2010 - 13:13
I was listening to my father have a phone conversation a little while ago with a collector. After listening to him I looked at the paperwork he was calling about. LVNV bought out a debt on an old Sears card that he had. The paperwork they sent was copies of the default judgement and it said that they were going to garnish 25% of his wages.
He had lost his job back when the judgement happened and told them this at the time. He never heard from them since then until now. The Sears card debt was originally around $5000 but of course thanks to interest it's up to about $7000 about now. He told them that if they garnish his wages, he'll be unable to afford to live here and he'll be forced to move. That brings me into it now because I pick up half of the rent and if he has to move, I'm out of a roof over my head and out of luck. After looking at the papers as well, it looks like the default judgement paperwork was signed in 2002 so it's been well over seven years since he has heard from them or received any paperwork.
This just all stinks in my opinion. I was just wondering what his options were. He also went through a divorce with my mom last year, so it hasn't been a good year so far.
Any options on any steps I should help him take? He did tell them he was willing to work out some other payment plan but was unable to let them garnish his wages.
He had lost his job back when the judgement happened and told them this at the time. He never heard from them since then until now. The Sears card debt was originally around $5000 but of course thanks to interest it's up to about $7000 about now. He told them that if they garnish his wages, he'll be unable to afford to live here and he'll be forced to move. That brings me into it now because I pick up half of the rent and if he has to move, I'm out of a roof over my head and out of luck. After looking at the papers as well, it looks like the default judgement paperwork was signed in 2002 so it's been well over seven years since he has heard from them or received any paperwork.
This just all stinks in my opinion. I was just wondering what his options were. He also went through a divorce with my mom last year, so it hasn't been a good year so far.
Any options on any steps I should help him take? He did tell them he was willing to work out some other payment plan but was unable to let them garnish his wages.
Unfortunately they are holding all the cards and have no reason
Unfortunately they are holding all the cards and have no reason to accept any payment plan. Your father won't be able to stop them from garnishing his wages. However, from looking at the laws it seems that LVNV would have to file a writ and it looks like it requires another court date....your father could go to this court date with all his financial information and the judge would likely set up a payment arrangement your father can afford.
