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What are my rights and what are the creditors rights in regards to my property or lack of?

2007-06-15 05:17:40 · 11 answers · asked by jatrace 1 in Business & Finance Credit

Can they garnish wages and if so is there a certain amount? What if I only work part time and make 600 monthly and have 2 children to help support?

2007-06-15 05:19:46 · update #1

11 answers

No. They cannot garnish you`re wages.If you don`t pay,all they can really do is put it against you`re credit rating unless of course you hit the lottery and they may take you back to court.Don`t let them scare you because that`s their job.Pay some along as you can or forget it.You won`t go to jail and they can`t make you pay,All they can do is bug you.

2007-06-15 05:32:09 · answer #1 · answered by mr.magestic 2 · 0 3

If you signed or stated in court that the debt was yours then you really don't have any options other than to pay it. If you never admitted it was yours or disputed the amount you may still have grounds for an appeal. For this you should talk to an attorney to see what you possibilities are. Most will give you a free short consultation. However, for any appeal you only have a limited time so you need to look at the judgement to see the timeline for this.

In your case bankruptcy is not really an option as it would cost you just about 1/2 that amount to even be able to file.

Depending on your state they can garnish your wages. If you live in a state where this is allowed they can garnish up to 25% of your pay. They DO NOT give many allowances, unless it is something like you are already paying on other judgements. So on $600 they conceivably they could take up to $150 a month.

If you live in a state where they don't allow garnishment they will go after any checking or savings accounts you have. In this case they will get an order to freeze the account and basically taking any money that is in it until the debt is paid.

If they can't find any accounts they can get liens placed against real property, such as Houses or Cars. This would require you to pay them off before you could sell the item. In some cases you may be forced to sell the house or car to satisfy the judgement.

2007-06-15 06:00:43 · answer #2 · answered by OC1999 7 · 0 0

I know people here are telling you they can't garnish your wages - they are completley wrong. They now have the court to back them - and within 6 months, will begin garnishment activity. If this is a joint accoutn, they can take from both of you. Generally, there is a formula that your payroll department will fill out. It does not include any variance for number of children, etc.

My suggestion would be for you to contact the credit card company quickly and see if you can set up some type of payment. If this is not possible, contact a credit counselor ASAP - who can contact them for you. If your wages are garnished, you can lose your employment. It also makes you look bad in your employers eyes.

2007-06-15 06:20:15 · answer #3 · answered by Been there 3 · 1 0

WOW> The people here telling you that they can't garnish your wages are high on something. That is WHY a collection agency gets a judgment in the first place, so they can do that.

If you call them and work out some type of payment plan you shold be able to avoid a garnishment. The courts don't care about your kids or your other bills, they are just enforcing the judgment. They will take upto 25% of the non-exempt amout of your check, this exemption amount varies form state to state.

Good luck!

2007-06-15 11:31:50 · answer #4 · answered by Anonymous · 1 1

You're getting a lot of bad advice here. Yes, they can garnish your wages. The purpose for obtaining a judgment is to provide a legal means to collect the debt through garnishments and liens. They can put a lien on your house, on your car, or any other property of value. A court action is required to do these things. What they cannot do is put you in jail or collect on property you do not own or garnish more than 10%. Worst padvice I've seen is "ignore it, what can they do?". They can do a lot. Every paycheck you collect this will follow you. DO NOT ignore it. You should probably consult an attorney about your options.

2007-06-15 07:38:33 · answer #5 · answered by douglas l 5 · 2 1

Hi!
See if you can work out a deal with the plaintiff's attorney. Yes, they can begin post judgment proceedings 30 days after the judgment is entered. It's called post judgment relief and citation to discover assets. If you ignore that, they will contact your employer and begin garnishing your wages or bank account. If you feel you are unable to pay this, consult a good Bankruptcy Law Firm or lawyer in your area to protect your property, paycheck and other attachable assets. You can be your own credit counselor, a website to visit for this information is: www.new-century-publications.com. The person that created this program has 16 years in the credit and debt industry.

2007-06-15 05:46:19 · answer #6 · answered by Anonymous · 1 0

If you don't pay the judgement or make arrangements that they accept to pay it off, they can and probably will garnish your wages. There are limits on how much they can take - those limits vary by state. They can also attach your assets.

Unfortunately you don't have a lot of rights, since the judgement was granted - that was a determination that you did indeed owe the amount.

2007-06-15 05:50:10 · answer #7 · answered by Judy 7 · 0 0

In courtroom, assuming you bypass, you will pay attention the courtroom bypass over attainable recommendations. considering that trials are costly, and in small claims civil courts, maximum in many cases one in each and every of those declare, the means for mediation is in many cases generic via the courtroom. So in many cases that is in the two events pastime to decide on an "owed" volume. as quickly because it fairly is set, you could anticipate the credit card corporation to desire stable cost. considering which you could no longer try this initially, anticipate them to choose so you might have a doctor's ultimate estimate of once you may return to artwork and as a effect have the skill to pay. anticipate an settlement to make restitution based on the quantity owed and a timeline to initiate money. This answer could forestall you from the wear of a precis judgement (the effect in case you do no longer take place to courtroom) and shop the credit card corporation the cost of courtroom. in case you want to no longer bypass, you've a precis judgement issued against you, and the credit card corporation could in the present day place this on your credit report, which might rather impression your destiny skill to acquire any credit. the customary technique will substitute particularly from state to state, yet well-known, the approach is comparable. maximum needed, get to the courtroom, and a minimum of permit the different occasion understand your undertaking. that is lots extra suitable to have the skill to talk for your self, then permit what seems to be information "this individual merely would not pay the bill" be mis-understood. Your mitigating evidence of the back harm and resultant down time isn't so united statesa. the courtroom won't be able to be understanding.

2016-10-17 09:01:09 · answer #8 · answered by ? 4 · 0 0

Let me tell you something right now, the amount of money you owe is a pittance in the scheme of things. The odds are, they are not going to put you in jail or anything like that. If this goes in front of a judge, and this is a hardship case, it could end up being dismissed. Usually what happens, before a judgement, is that the credit card company tries for a few months to get you to pay, gives up, and sells the debt to a collection agency for pennies on the dollar. They then try to get you to pay, give up, and sell it to another collection agency. I have no sympathy for these theiving credit card companys and banks, as they don't give a hoot about you and will charge as much interest as they can if they can get away with it. Change your phone number if you get bothered by calls, but legally, once you contact them in writing and tell them to stop harrassing you, they have to by law.

2007-06-15 06:09:45 · answer #9 · answered by ANTHONY M 3 · 1 1

It depends on what State you live in. You really should consult with an attorney for legal advice like this.

Perhaps you would qualify for legal aide. If you live in a city with a law school, contact them. Otherwise contact the State Bar Association to find out if there are any Legal Aide offices in your area or if they can help you find a pro-bono attorney.

2007-06-15 05:31:27 · answer #10 · answered by deerslyr_71 3 · 1 1

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