Have a few questions, please help me out, if you can!?
Date: Mon, 06/05/2006 - 08:36
I received a summons a while back, a few of you out there helped me get all the information that I needed on the lawyer that was handling it....I got in touch with him and we set forth a payment plan for the debt that was owed, so no further action was to be taken. I never answered the courts for the complaint...I received a notice in the mail saying that I had defaulted on it, so when I sent one of my payments to the lawyer, I attached a letter asking him about it (because he is very hard to get a hold of :| ) I didn't hear anything so I just assumed that everything was taken care of. Then today, we received garnishment papers at my place of employment? Isn't there something wrong here? He accepted and cashed the money order that I sent for my first payment, I was suppose to mail out my second payment today, but with this arriving, I just don't know what to do. I sent the lawyer an email and also a fax and I am hoping to hear something back from him. I have his email agreeing to the payment arrangement. What should I do? :cry:
JJ~ It was in writing via email sent back and forth between the
JJ~
It was in writing via email sent back and forth between the lawyer and myself.
Garnishment is not possible if you can prove your arrangement wi
Garnishment is not possible if you can prove your arrangement with the company in writing. It is the choice of the company if they want to take specific actions, but if you have the paperwork explaining the situation, you can find yourself in a favorable situation.
Besides, garnishments cannot happen without a court hearing. You should receive summons from the court 20 days before the court date. Explain the judge about this incidence so that the lawyer is asked to correct their lines of collections.
Check your local county to see if the garnishment papers are in fact legal.
Gretchin~ I did receive a summons back in the end of April, giv
Gretchin~
I did receive a summons back in the end of April, giving me 21 days to respond with an "answer" to the complaint. I never received anything for a court date? It went straight from the summons to the garnishment papers?
What does it say on the garnishment papers?...if you don't show
What does it say on the garnishment papers?...if you don't show up for the court date they automatically garnishee your wages.
Erzeke1~ It just states that I have 14 days to object with the
Erzeke1~
It just states that I have 14 days to object with the courts otherwise the money will start being withheld?
Angel, Object and show the court your payment plan so they won'
Angel,
Object and show the court your payment plan so they won't garnish you. If you have it in writing the judge should honor the payment plan. Is the garnishment more than the payment plan? I would fight the garnishment and try to stick with the payment plan that is already established.
Less, is bankruptcy her only option? Seems a bit radical just y
Less, is bankruptcy her only option? Seems a bit radical just yet since she has started making payments and may be able to get this dismissed because of her attempt to pay.
If you can't afford a lawyer, angel. Try calling your state's legal aid division in your area, they may be able to help with this one.
I would definately call the court as well and tell them your situation and get some other options here.
Less, what about the new bankruptcy law though? Don't you have t
Less, what about the new bankruptcy law though? Don't you have to go to credit counseling for so many months before you can file?
Just curious since I don't know too much about it.
Oh my god...that's too funny. I thought you needed like 60 or 90
Oh my god...that's too funny. I thought you needed like 60 or 90 days of credit counseling before you can file...LOL
If it took that long, everyone who filed would be out on the streets!
angel, you definitely need an attorney pronto.... This unfortuna
angel, you definitely need an attorney pronto.... This unfortunate case points out one important item.. whenever setting up a payment plan ,get it in writing and make sure that it contains language no to sue as long as the plan is complied with. Also it illustrates the importance of always answering a court summons no matter what arrangements you have made.. if Angel had known to do that she would have liekly saved herself the grief