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2 judgments at the same time

Date: Tue, 06/16/2009 - 17:03

Submitted by anonymous
on Tue, 06/16/2009 - 17:03

Posts: 202330 Credits: [Donate]

Total Replies: 15


Hi,

If I have 2 different judgments against me, can I have my wages garnished by those 2 different judgments at the same time?


They cannot exceed 10% of gross income, or the maximum according to Federal Guidelines, whichever is less, but yes they can garnish for more than one judgment, but the judge would have to arrange who gets how much. Also, you don't have protection against being fired for a garnishment if you have more than 1.

But they usually don't garnish unless you refuse to pay voluntarily, which in New York, you have 20 days to start paying.


lrhall41

Submitted by Chrys Henderson on Tue, 06/16/2009 - 23:51

( Posts: 2538 | Credits: )


Hi there,
I am enrolling with a settlemnt company because I can't deal with the creditors myself. I can't handle the emotional piece.I am also currently working with a Mortgage modification company who told me it would be a good idea to enter debt settlement and work the two in concert.

My biggest fear is being sued. Superior Debt and Debt Options are the two companies I am looking at. Both have told me that with regard to getting sued/ wage garnishments, while they can't promise that this won't happen, they do their best to deal with the most aggressive companies first. Debt Options is even willing to not take out their fee until after settlement if that is what it takes not to get sued. They said that if you make your payments on time and every month you are less likely to get sued. It all scares me. If my wages did get garnished, could I file for Chapter 13 and get out of it?
I need to do settlement but I want to know if the cc companies will warn you or the settlement companies before they sue. Any ideas?


lrhall41

Submitted by connie4444 on Wed, 06/17/2009 - 21:03

( Posts: 17 | Credits: )


I work as debt negotiator so this is the break down discover target kohls dont mess around they are they most aggresive out there. Creditors will give u 3-6 months to pay up then they will look at ur public financial records and determined what hierarchy you fall into ant make a decision do we presue to collect or sell ur account for pennies on the dollar and write you off as a tax write off. Get the picture. Now in the collection phase they will see what state you live the statuate of limitations do u rent, own? Is it worth suing u or are u a lost cause! Remember that they have auditors and attorneys making this decision to make it worth while.their not going to take u to court if ur debt to income ratio make sense. Best thing to do is to always ask who owns your debt. Everyone here should get on the FTC website. It will only help you to make a more profound decision.


lrhall41

Submitted by on Wed, 06/17/2009 - 21:39

( Posts: | Credits: )


They can sue at any time, it depends on the individual account and who is handling it. If you are afraid of getting sued, then you should file for bankruptcy.
Quote:

They said that if you make your payments on time and every month you are less likely to get sued
Wow, that statement is rather obvious. That's the other option. Pay them, or file bankruptcy. Then you won't be sued for sure.
As to whether a creditor *will* sue or not, you have as much chance figuring that out ahead of time as you do plucking a petal off a flower one at a time and saying "they will sue me". "They will sue me not".


lrhall41

Submitted by Chrys Henderson on Wed, 06/17/2009 - 21:49

( Posts: 2538 | Credits: )


"They said that if you make your payments on time and every month you are less likely to get sued."
Refers to the settlement company's statement about keeping payments to them on time so that they can build up enough money. Chrys, I wouldn't state the obvious.
Chrys, I know they can sue any time. I am just trying to figure out if there are conditions that make being sued more likely, and most importantly how quickly they can put a wage garnishment on you if you are in a settlement program.
I am interpreting your real answer to mean that it is pretty much a toss up and as far as you know there is no rhyme or reason to when or how they sue or add garnishments.
Thanks for sharing. I can handle getting sued, but the though of wage garnishment scares me to death. I am making an informed move here. I don't make big moves here without really knowing what is going on. I am about to make my move but I really need to know the worst case scenarios. I also get that BK does not involve law suits. Consolidation doesn't either.


lrhall41

Submitted by on Thu, 06/18/2009 - 07:02

( Posts: | Credits: )


I did think that is what you meant, I couldn't resist. I personally believe that to be an inaccurate statement anyway. From what I have seen, creditors may be *more* likely to sue if you are in a DS company.

The worst case scenario is that every creditor sues you at the same time.

For a wage garnishment, they would have to sue you, win, and then if you do not pay the creditor as arranged by the courts, then they will go about filing a motion for garnishment (I believe that it is 20 days after missing a payment).

Here is a thorough explanation of the court process from the perspective of the state of New York. Some procedures may be slightly different in your state.
"http://www.nedap.org/hotline/court.html"


lrhall41

Submitted by Chrys Henderson on Thu, 06/18/2009 - 23:25

( Posts: 2538 | Credits: )


Well, I have heard both sides on this forum. Who knows. Maybe it doesn't matter. The DS company I am looking into has an A- BBB rating.


lrhall41

Submitted by connie4444 on Fri, 06/19/2009 - 07:15

( Posts: 17 | Credits: )


Capital One filed a small claim judgement against me in 2006 that I never received to come to court. I have been disputing this claim for the past 4 years and just today I received a notice of garnishment deduction that will go in effect on my next month payday. The kicker is that the amount submitted to my payroll office is twice as much. Can they do this?


lrhall41

Submitted by on Fri, 06/19/2009 - 11:05

( Posts: | Credits: )


Chrys,
I have am now one month behind in several cc payments, applying for mortgage modification, and entering a settlement program.
I really appreciate your thorough explanation of the garnishment procedure.
Connie
Storm,
Had you moved or did they send the summons to the wrong address? How did you not recieve it? Don't they have to send those things directly to you?
Did you try to settle with them before they put the garnishment on?
Yikes!
Hope something gives for you.


lrhall41

Submitted by connie4444 on Fri, 06/19/2009 - 15:51

( Posts: 17 | Credits: )