my neice got a court summons for me to go to court and i think they are going to try and garnish my checks
2006-09-13 05:40:03 · 7 answers · asked by cool_in_stlouis 1 in Business & Finance ➔ Credit
I'm going to bet that this is just the initial court summons.
Read over the paperwork and do exactly what it says. You must appear in court on the date/time specified. Bring along any bills or paperwork you will need to dispute this claim.
What follows will depend on the state you live in. But how it generally works is that you have 28 days to pay the judgement. If you don't, the creditor must file a motion with the court to garnish your wages. Once you receive it, you have a specified amount of time to file a dispute with the court. But unless you have a very good reason, it's not likely to stop the garnishment.
Many states allow the judge to order installment payments. If you think you are going to lose this case, bring along documents proving your income/expenses and show the judge that you have a limited amount of "disposable" income. The judge may order installment payments, preventing the creditor from taking any action against your wages, property, or bank accounts. Check with your court to see what is allowed.
Just be sure to appear in court on your date! Not showing up will result in a default judgement.
2006-09-13 07:09:10 · answer #1 · answered by Anonymous · 2⤊ 0⤋
A lot depends on the state where you reside. I would consult with an attorney. Maybe bankruptcy is in order. I assume this is from a loan in which you signed for your niece, or did they just mail the paperwork to her house? In the state of Florida they don't even have to notify you that they have garnished your bank account, until after it has been garnished!
First, there most be a Judgment against you. If you have received a summons to appear in Court for this debt than they haven't gotten to the garnishment part yet and your are misinterpreting what the paper work is telling you.
Further, a lot of collection agencies will send letters threatening to garnish you, but in fact the legal papers have not been filed yet. There are Federal Laws that protect you from such harassment. However, I would have to read the paperwork you received to be sure.
Question number one, is there a Judgment against you? Question number two, if there is a Judgment are you sure your bank account isn't already under garnishment? You may want to call your bank and find out.
Anyway, good luck
2006-09-13 05:57:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Never never never never.....co-sign for anyone. I am now paying for a former friends car. The only way out of it in New York State is to file bankruptcy.
2006-09-13 07:13:30 · answer #3 · answered by deedermarie 2 · 0⤊ 0⤋
If it is court ordered you cannot stop it.
2006-09-13 05:47:03 · answer #4 · answered by zhadowlord 3 · 0⤊ 0⤋
Hire an attorney to represent you.
2006-09-13 05:41:55 · answer #5 · answered by KL 5 · 0⤊ 0⤋
I bet you cosigned. Next time, you should be more careful.
2006-09-13 05:48:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
why are you paying for your niece?
2006-09-13 05:42:06 · answer #7 · answered by gabby 5 · 0⤊ 0⤋