I just recieved in the mail today by my employer that they have to garnish my wages. I guess a creditor got a judgement to garnish my wages. I recieved letters and a summons before by these creditors, and I went to court, but I didn't see my case# so I just left. The first summons I recieved was over 5 years ago. It says on the Witholding order that the judgement was entered in the court on 08/31/01. Isn't that past the SOL? And can they get and order to garnish my wages without notifying me first?? None of the letters they sent me said they will do that. And I never went to court to get this judgement, can they do that without me being there?? Also the other letters that they've sent me before said I only owe about $2,000. Now this order to withold says I owe about $3,000. Apparently they added some interest to that. And that's not what it says the balance is that shows on my credit report. What should I do? And is there anyone that I can talk to?
2007-03-12 15:33:02 · 10 answers · asked by Jozey G 1 in Business & Finance ➔ Credit
Can I call the creditor and ask about a settlement? Or will they not offer one?
2007-03-12 15:44:54 · update #1
If you did not show up to your court date, what most likely happened is that the creditor obtained a "default judgement" against you, allowing them to garnish your wages to collect what they are owed.
The garnishment can follow you from job to job. Your HR department should have a copy of the paperwork and on that paperwork will be the name of the administrator/court where the payments are sent. Contact them if you want to pay off the balance in full. Other than that, there is not much you can do at this point.
2007-03-12 16:37:49 · answer #1 · answered by shmigs 3 · 1⤊ 0⤋
I know a creditor can win in court if you don't show up because it's happened to me. Even if it's past the SOL, who's there to say it is? The lawyer for the creditor isn't going to point it out.
Thankfully, they can't garnish wages in TX for things like this.
I asked the same thing. (about settling a judgment) Since they've already spent the money to sue you and gotten a legal order that you owe the money, they have no incentive to settle.
My husband had a order to garnish his wages for a federal tax debt. He made $1000 a week and they sent an order to garnish $800 a week. He didn't want to hide from the debt, but he couldn't afford to keep the job as his expenses would have been more than he would have been making.
2007-03-12 15:39:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Once a judgment has been entered, it can stay good forever as long as the creditor renews it each time before the time runs out. You would need to check the time frame for that in your specific state. As far as you not knowing about court, they should have had to provide the court with proof that they served a summons on you. But for only $3,000.00, you should just pay it off as soon as possible. It would cost that much or more to get an attorney to deal with it.
2007-03-12 15:45:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
When you did not show up in court, they got a default judgment. They do not have to notify you of a garnishment. Judgments will follow you from job to job so there really is no way out other than paying it. The total includes interest, court fees and most likely lawyers fees. all legal for them to add.
I had one show up six years after my bankruptcy, guess what I had to pay it.
2007-03-13 02:22:34 · answer #4 · answered by ? 7 · 0⤊ 0⤋
The cost for Judgement is more than S$1000. Your credit report normally only shown the principle amount you owe them, but not the interest and legal cost. You should call them for a composite payment to settle the whole issue.
2007-03-12 15:56:55 · answer #5 · answered by Tan D 7 · 0⤊ 0⤋
Sorry my friend........but you're sooooooooo screwed. Yes, they can garnish your wages and they can now take up to 50% of your disposable income (55% if you are in arrears). You basically have 2 choices........pay or quit your job and try to hide from it.....however, hiding doesn't work because this debt will not go away and they will continue to add interest. OR...maybe you could hook up with a wealthy man that can pay this off for you. Good luck.
2007-03-12 15:40:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
There are the two Federal AND State regulations. in many places the State regulations have substantially greater tooth in issues like previous due charge effects. In NO jurisdiction is it legal for an enterprise to no longer pay wages on the defined payday. Richard
2016-10-02 00:54:25 · answer #7 · answered by ? 4 · 0⤊ 0⤋
They sued you and got a judgment against you before the SOL expired. Judgments are valid from ten to twenty years depending on the state you live in.
2007-03-12 15:55:43 · answer #8 · answered by Ti 7 · 0⤊ 0⤋
I think the statute of limitations is 7 years for credit stuff like that. I would just pay it off and next time be very careful. You can talk to a lawyer if you think it will help.
2007-03-12 17:33:50 · answer #9 · answered by Brown-eyed girl 4 · 0⤊ 1⤋
ACTUALLY NOTHING YOU CAN DO...
YOU CAN PAY IT ALL OFF QUICKLY...
OR JUST LET THE GARNISH EAT UP THE JUDGMENT..
LATE PENALTY AND FEES MOUNT UP FAST ON TAXES..
2007-03-12 15:36:48 · answer #10 · answered by cork 7 · 0⤊ 0⤋