A collection agency is taking me to court in April,they are trying to make a garnishment on my wages ;i made a arragment with then the last year to make montly payments on my debit,everthing was going fine untill they start asking me for more money in my montly payments(which i can't afford to give them more money than what i am allready ), so before my court day i got prepared and i consulted a lawyer that handle this kind of cases.,he told me that i shouldn't even worry to show up at my court day because is not neccesary and the collection agency has to deal with the money that i am sending them every month and they have to take the money they like it or not...(???) also he told me that by not going to court the collectio agency lawyer will not be able to ask me where i work, so they will not able to performance this garnishment..So my question is :is this lawyer correct in what he told me?I am kind of afraid of do something wrong and my debit case may get even worse!!
2007-03-06 10:39:10 · 3 answers · asked by hello there!! 1 in Business & Finance ➔ Credit
the last time that i talked to the collection agency was in dec 2006, after i recived the court order in the mail..they told me that it's up to me to still make the payments at month with the same amount or stop doin g it..i decided not to do it anymore so right now they are not recieving any money from me..
2007-03-06 10:45:35 · update #1
THANKS FOR ALL THE ANSWERS
2007-03-06 11:44:12 · update #2
Now I'm not a lawyer, but I would play it straight and you should make your payment as you agreed. Then go to court and tell the judge when asked that you are doing the best you can and that you are making a payment and the payment is what you agreed to do, the collection agency seems to be OK with it too because they keep taking the payment and cashing it.
I would also go speak with an other lawyer, in a different office.
2007-03-06 10:53:54 · answer #1 · answered by Alan W 3 · 1⤊ 0⤋
I'm not an attorney, but I would question anyone that advised ignoring a court date. In most places, if you don't appear, they win by default. In some places, the court CAN grant a garnishment order. I wouldn't count on the collection agency having trouble finding out where you work. If you have sent them checks on you personal bank account, they already know where you bank. They can ask the court to subpoena your bank records to find your employer. The could also ask the court to garnish the bank account. If the collection agency knows where you live, how long would they have to have someone follow you to find out where you work?
2007-03-06 11:31:37 · answer #2 · answered by STEVEN F 7 · 1⤊ 0⤋
From my understanding no agency except for the government can garnish your pay, and through experiences of my own, I do know that the credit card companies have to accept the amount of money you send them, even if you do go to court to set up a new payment plan. Besides that ,they can find where you are working through your social security number, if they are that determined. I have been in simular circumstances and I went to court , to fight for my rights. The judges are not bad, they realize you are strapped if you are telling the truth. Bring your pay stubs and all your expenses ,be equipped what ever you think they will be asking for . Just be ready. Good Luck. Hope everything turns out well for you
2007-03-06 10:55:28 · answer #3 · answered by Icey 5 · 0⤊ 3⤋