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I have a lawsuit against me for a vehicle I gave back two years ago. They are now comming after me and said they are getting ready to file a judgement and garnish my wages. I don't have the money to pay a attorney or them. I am a single mom of 3 special needs kids. I don't have friends or family to help me I an't got nuthin!! If they garnish my wages I will either be evicted from my house or I will not be able to feed my kids. I have told the creditors that and when I talked to them the guy looked up my credit and said oh u are dealing with other stuff "duh" I got alot going on and I don't need this on top of it. I don't know what to do or where to turn. Does anyone have any advise on what I can do?? why after 2 years they are comming after me now?? when can the wage garnishment start? will they take my taxes too? and freeze my bank account even if money an't in it?

2007-11-15 14:24:42 · 8 answers · asked by Anonymous in Business & Finance Credit

8 answers

I'm not sure what your question is. I would seek out advice from an attorney with a legal aid office. Law schools have clinics you can go to.

When were you sued? You only have a certain amount of time to respond or a default judgment will be taken against you.

If you returned the vehicle, I am not sure why they are suing. Do you have money you still owe to them?

What does the contract you signed say? I would suggest an alternative. Call the attorney who is working on the suit and talk to him about alternative dispute resolution. Request to go to a mediator. They will likely agree as it's a better resolution and you can work out a payment plan rather than having your wages garnished.

You can find a mediator as mediate.com

Talk to the attorney who filed to suit. You are a pro se plaintiff he has to work with you. If you don't handle it, they can garnish your wages and file liens against any settlements you might have, tax refunds etc.

I also recommend you go to credit counseling.

2007-11-15 14:39:47 · answer #1 · answered by swedegirl 2 · 0 0

If you are being contacted by a debt collector and you were told that they are 'getting ready to file a judgement and garnish my wages', the debt collector and the collection agency could very well be violating federal law.

The Fair Debt Collection Practices Act governs what a debt collector can and cannot do.

Threatening you with legal action when they have no intent of executing such action is a violation of federal law.

Considering that you are in your situation and being that it is very expensive to file a suit, it is highly unlikely that they will sue you because there is nothing you have that they can attach.

I would suggest that you clearly write down and explain what you have experienced and submit a letter to your State Attorney General and file a complaint.

If I am understanding you correctly, and this is important, you are indigent and have no savings or any other assets.

Don't wait - take action and protect yourself. You can find many answers at the link below.

God Bless.

2007-11-15 14:53:13 · answer #2 · answered by Anonymous · 0 0

For a judgment or garnishment, they first have to sue you in court.

Some possible things to consider:

a) Bankruptcy
b) Applying to the social security administration for disability benefits for the special needs kids (by law, social security disability benefits cannot be garnished, seized, etc., by creditors)
c) Letting them sue and trying to persuade the judge that because of the three special needs kids you should be allowed to pay a little each month instead of the whole thing at once

2007-11-15 14:34:35 · answer #3 · answered by StephenWeinstein 7 · 0 0

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2016-10-24 07:54:46 · answer #4 · answered by ? 3 · 0 0

As long as you have proof you gave the car back there should be no problem. Sometimes they just like to scare you.

Here is my advice if it is $$$ and they try to scare you just respond with "If I decide to claim chapter 7, what will you get then ?" If you have alot of bills then do it.

I would contact an attorney that does FREE Consults they are in the yellow pages.

2007-11-15 14:35:48 · answer #5 · answered by TTFN10000 3 · 0 1

What exactly is your question? If you borrow money and don't pay it back, then people will sue you. Okay?

2007-11-15 14:28:38 · answer #6 · answered by hottotrot1_usa 7 · 0 0

wel that wus dum now u cant drive away 2 canada or hawaii or sumething were u dont get arrested

2007-11-15 14:32:07 · answer #7 · answered by Anonymous · 0 2

borrow from the bank and pay them back when u'r ready! it's that simple! oh and i would get a good lawyer!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! see u sweetey!!

2007-11-17 09:49:07 · answer #8 · answered by Anonymous · 0 0

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