Urgent. Wage Garnishment. Request for hearing form due today.
Date: Fri, 02/20/2009 - 14:14
This paycheck began a garnishment on my wages for a very old debt from Sears that was charged off years ago. After passing to a couple of different collections agencies Dakota Bluff Financing sent me a summons which I answered, on time and sent by certified mail, requesting debt validation and verification within a designated time. Which Dakota Bluff failed to comply with until after the requested date. Quite some time later I received another summons to appear in court on the matter. Included was the option to contact the prosecuting attorney to answer questions within 3 days time thus avoiding the need to appear in court. I attempted to call the office on the second day and got an answering machine. I left a message to return my phone call and never heard back from them. So at the first of December I attended a hearing. The man I talked to asked me to make payment arrangements on the debt which I told him I was not prepared to do because I had several discrepancies concerning the debt, the statute of limitations and with their failure to comply to my debt verification and validation requests within the allotted time frame. He told me that he could not help me with any of that and that I would need to contact a lawyer, as he was against me on the matter. Again he asked what amount I could pay monthly toward the debt. I answered with “if†and that the most I could do was maybe $75.00. He said he would take my offer back to them and they would let me know. I heard nothing until all the sudden this week $250.00 was taken out of my paycheck. The request for hearing for is due today and I need to know what if anything I can I do about it and how to answer the questions on this form? Please help.
Tina maybe nascar or skydiver will be along to assist you with t
Tina maybe nascar or skydiver will be along to assist you with this. Sounds as though a judgement was granted against you in order for them to garnish your wages.
Nascar nor Skydiver have responded at yet. Yes a judgement must
Nascar nor Skydiver have responded at yet. Yes a judgement must have been granted. What I need help with is if I should request a hearing and how to fill out the forms.
What state do you live in and when was the last payment made to
What state do you live in and when was the last payment made to the original creditor? Look up your state here: bcsalliance.com/y_debt_sol.html
Just scroll down to your state and look under open accounts. That will tell you if the SOL has passed. You should go to the court house and see where the case is at right now. If they already have a judgment, you might have to file a motion to vacate the judgment. A date will be set for you to go into court with the plaintiffs attorney and you get to say why you want it vacated. If you feel the SOL has passed you can use that too.