Going to court?

Question

going to court?
well about 9 months ago i had to go to court about a apartment bill that was not pay. my ex-husband and i got separated and he didn't wanted to pay any amount on this account i had to go to court and tell the judge that i will make the payment,
i have been paying $150.00 every month well the creditor call me about 2 days ago and told me that i have to make bigger payment more than $500.00 well i can't make this payments at this time due that my ex is not helping me at all and because i'm having money problems. my questions is can they take money out of my check even if i'm making payments. i also wanted if i will have to go to court again i have only been to court once.
please and answers will help a lot.

Answer 1

I need a little more information before I can give you a decent answer.

When you refer to your check, are you on SSI or government assistance, or do you have a job? The creditor can not garnish your goverment checks.

Pull out the judgement the judge signed. Does it say on it that you have to make $150 payments? If it does, send the landlord a copy of the judgement, and inform him that if he wants more money he will have to go to court and get the judge to order it (which you can easily fight).

If not, then your agreement is with the landlord, and if you didn't get it in writing you may be screwed. He could actually go after the entire amount you owe all at once, go after your bank accounts, or other property.

So now is the time to do some research. Each state has differant laws. But in many states the judge can order a payment plan. Check with your local court to see if they do, and if you can file a "motion for installment payments". If so, the judge can order you to make these payments. But in some states it may require them to take it right from your paycheck. It sounds like garnishment...but remember that if they get a garnishment order the can take 25% of your pay. At $150 a month they can only get $37.50 a week.

If your state does not allow the judge to order payment terms, your only hope is to use the "volation" defense. That means you must prove to the court that you had an agreement to pay him $150 a month, and he is obligated to accept it. If you have made at least 3 payments to him, that may constitute an agreement and he can't get out of it.

Contract volation is a grey area in the courts. From my research it's not handled the same in many courts. But you don't have much choice here since you didn't get a signed agreement up front.

Answer 2

If the judge told you to pay $150.00 a month, than that's all you have to pay. If this matter has already gone to court, than a creditor should not be calling you. I went to court over a similar matter. The judge made me pay $100.00 a month to the landlord, and their wasn't anything the landlord could do about it. If they keep harassing you, contact the court. It could be in your favor. If possible, try to tape the conversation when they call. And No! They cannot touch your paycheck. Only the federal government can do that.

Answer 3

I agree with the others.

They "cannot" go over the judges head and force you to pay more than the judge ruled on.

As long as you have been, and continue, to make the payments in the amount the judge ordered, they cannot do anything.

If they do dip into your bank account when you have been doing as the judge ordered, sue them.

Keep detailed notes on every time they call and request more money. Write down dates, times, who you spoke to, the nature of the call etc, keep every letter they send. You may never need that info, but then again, you just might.

Answer 4

As long as you are making payments they can all go and f*** themselfs! I have a similar problem and the creditors keep telling me to make bigger payments, I just politely tell them that I am doing the best I can, and if that aint good enough then they can expect NOT to see a payment next month. and even if you do have to go to court again, no judge in his right mind is going charge you with anything, as long as you are making payments.

Answer 5

Above answerer about only the Federal Goverment being able to garnish your wages or checking is WRONG.

If the judge granted judgment to the creditor, you will not have to go to court again. Did you sign an agreement about paying $150.00 with them? If it was only an oral agreement, yes they have the right to attach your wages, checking account, savings account.

The only wages they cannot touch is if your drawing monthly income from the goverment, ie. SSI, or SSD.