I owe a bank some money, and it was years ago when I was younger. I had started working for a company and because I had failed to appear by phone, which was bologna because when they sent me the letter the phone # they had was wrong and they knew my real # because they had called me previous times, they started to garnish my wages. I was pregnant at the time and after having my baby I had to quit because my paycheck was so little and I have two girls, and daycare is expensive. I own nothing and have no money. I sent them a sheet with questions about my finances and didnt hear from them for 3 months. Now they send me a letter saying that they will continue garnishing wages from the company I quit working for. But why when I sent them a certified mail of the sheet showing I quit and have no money. I am confused, any advice?
2007-09-18 08:44:12 · 4 answers · asked by linda mari 1 in Business & Finance ➔ Credit
each state has laws applicable to wage attachments...some require a judgment debtor exam (what I believe you are referring to about missing the phone call). If to fail to "appear" for the JDE they will move forward with the attachment at whatever rate (25% of your net pay for example, per month) but if you are no longer employed there, they cant garnish 25% of nothing! HOWEVER, if when you sent in the answers to their questions, you advised the name of the bank where you have a checking or sAvings account, they can in some states CLEAR THAT ACCOUNT OUT completely at 100% of whatever's in there and apply it towards your debt, collection costs, atty fees etc!!!! Get your cash out of the bank ! Also....I'd be tempted to call the atty that is doing all of this to you, with no money and two girls to feed and tell him you'll file bankruptcy and put an end to the debt via discharge from a federal court (provided it is an UNSECURED debt, meaning it's not for your house, car, or anything you have to have to survive and still have but haven't paid in full for). At minimum, they'll want to settle for less than the balance.....!
2007-09-18 09:01:38 · answer #1 · answered by capecoralbroker 1 · 0⤊ 0⤋
Your question is very difficult to understand. It appears that the bank was garnishing your wages. To be able to do this, they must have taken you to court and won a judgment. Judgments are good for 10 years and can be renewed.
If you quit, for whatever reason, that didn't make the debt go away nor the judgment. They just sit and wait for you to get another job or open a bank account they can attach.
I have no idea what the sheet you sent them was suppose to accomplish but whatever slight of hand someone told you about, was wrong. You can't ask for validation or send a cease and desist letter for a judgment.
My advise is to pay off the judgment. It isn't going anywhere and is probably accumulating more interest and fees. It will continue to adversely affect your credit score.
2007-09-18 08:58:35 · answer #2 · answered by bdancer222 7 · 0⤊ 0⤋
Don't know if you're in the U.S., and also there aren't enough details to properly advise. In the U.S., debts can only be seized after a court judgement has been made. If you were never summoned to court to dispute the debt, then there is no judgment. Wage garnishment also can only be authorized by a court. Your company cannot withhold any wages without that signed order. You're entitled to see it. If it's only signed by a court clerk, that is not sufficient. (Many lawyers use this tactic to avoid proper proceedings.)
Once a court order has been given for garnishment, there really isn't any more negotiation available to you since you've ignored all previous attempts. Still, if you no longer work for the company from which garnishments were being taken, then you have no worry. They aren't paying you, so there's nothing for them to pay. And subsequently nothing for you to lose.
Of course, the plaintiff will then obtain a new garnishment for your current job.
2007-09-18 08:56:09 · answer #3 · answered by Marc X 6 · 0⤊ 0⤋
Apt. leases does now not qualify as a debt. You must pull your credit score file to peer what is on it....you'll be able to be getting one without cost besides as you continuously do whilst you are denied credit score. Banks can reject you for a mortgage for any motive. If $6,six hundred is your complete annually sales, then that's the truly motive you have been denied a $60,000 loan.
2016-09-05 18:31:41 · answer #4 · answered by harlie 4 · 0⤊ 0⤋