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mimi1978
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Subject: Garnish Paychecks
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Tue Dec 15, 2009 12:57 pm
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| I has set up a payment plan with the lawyer and they had agreed with us. I co-Signed for a friend for a car and this person didn't make the payments like I thought she was I didn't recieved anything in the mail stating she was behind but anyhow we went to court and I took the plead as we do owe so I set up payment plans with the lawyer and I haven't even got my first payment in and they already garnish my checks I can not afford for them to do that and the letter did not state waht % they was taking and when I call the office the lawyer asstistant gets smart and always tells us she can't keep helping us with our questions that we need to get our own lawyer I don't have the money to afford one if I did I would get one and the person I co-signed for dosen't have a job am I entitle to know what the % they are going to take out? |
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davis
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Subject: garnishment
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Fri Jan 15, 2010 10:23 pm
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| i moved to florida and have been dealing with a collection agency from my previous state regarding an apartment rental. i mailed a certified letter stating the many reasons i broke my lease. and disputing charges that where not valid. the collection company refuses to lessen the charges. i want to know that if i am to receive a order to appear or answer to a court what state would this be required in. my previous state or my present. |
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zenella veasey
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Subject: Do i need an asset to file a small claims summons of complai
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Wed Feb 17, 2010 7:03 am
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| I have a question to ask you do i need a asset to file a summons of complaint in small claims court. I was told i do. I thought i could file a summons and if i win the judgment it is good for ten years. and renewable. please advise. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: garnishmnet
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Wed Feb 17, 2010 11:57 am
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Hi Mimi:
Generally only 25 % of your wages can be garnished. However it depends on the state where you live, the amount you owe and the type of debt you have.
Davis:
If you are being sued, the creditor needs to serve you a notice and also the court dates. If you receive an order to appear in the court, you will have to appear to the one from where you have been served the summons.
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genelia
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Subject: asset neede to file a summon
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Wed Feb 17, 2010 12:48 pm
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Hi Zenella,
When a creditor files a summon in the small claims court, he needs to provide the court with the :
1. Amount of money you owe.
2. Why you are asking for the money or property.
3. Your name and address.
4. The name and address of the debtor.
5. The filing fee.
However after he wins, then the clerk of the court will provide him with the judgment debtor's "statement of asset form", which the judgment debtor then needs to fill up. |
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dee
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Subject: garnishment
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Wed Mar 10, 2010 11:09 pm
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| I have been served with legal papers that were sent to my old address..when I recived them it was too late to file a summons...the court date was last month. now I am afraid they will garnish my wages even hold my income taxes.. Is there anything I can do?? I will be leaving on a leave of abscents soon from work can they take my disability checks??? I live in California.. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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lovviee
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Subject: Citation to Get Assests
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Fri Apr 09, 2010 2:40 pm
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| I received a notice of Citation to Find out assets. I was given a day to come to court. My employer deducted wages from my check before my court date with the creditors. I was suppose to be given a payment option as stated in IL, Was this Legal to do? I though that I has to receive a wage earner notice before I get a wage can be taken. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: citation to get assets
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Sat Apr 10, 2010 10:03 am
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Hi Lovviee,
No, the creditor is not supposed to take your money before the court gives issues the judgment. You were served with a citation to discover assets. In that a court date must have been mentioned. Only after the court hearing on that stipulated date, can the creditor start taking your money.
You need to get the proof that the creditor has already taken your money. You can then provide this in the court to vacate the judgment.
Thanks,
Aaron
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Toofargone
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Subject: wage garnishment
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Tue Apr 13, 2010 7:58 pm
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| Hi I am a person who had great credit until 3 years ago my company went on strike. I fell behind in payments on the only credit card I possessed. I tried to make payment arrangements but their arrangement was outrageous! So they decided they were going to go ahead and start garnishing my wages and put a lien on my house. I don't want to file bankrupt. So what should I do. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: wage garnishment
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Wed Apr 21, 2010 7:47 am
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Hi,
Can you tell me how much is the debt amount? To stop the garnishment you can try to negotiate a settlement for the second time with the creditor. However, if you find it impossible to pay even the settlement amount, I am afraid you will have to file for bankruptcy. Another option that you have is getting a part time job, that can bring you some money.
However debt settlement can lower your outstanding debt amount by 40-60%.
Thanks,
Aaron
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rick
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Subject: garnishment of wages
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Thu Apr 22, 2010 4:14 am
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| I have been paying a collection company for more than a year, a payment of 35.00 for medical bills, each month, owed. they state, that now, the need 150.00 each month or will take me to court. no written correspondent on this. they have issued court papers to me on this, should i response to them, I have not yet done so, and fight them on the amount, payment owed? I cannot afford 150.00 a month. thanks, Rick |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: garnishment of wages
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Thu Apr 22, 2010 11:43 am
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Hi Rick,
As you have received summons, you need to answer to that, else they may win a default judgment against you. For answering to the summons, you can visit the court house from where the summons was served. You can declare in the court that you were not served with payment agreement, and that you won't be able to pay such a high amount. Before that make a copy of your monthly income and expenditure. You have to provide that in the court.
Hope this helps.
Regards,
Aaron
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Molly22
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Subject: Wage garnishment
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Thu May 06, 2010 11:36 pm
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| My husband received a writ for wage garnishment, it did not start yet. Is there anything I can do to stop this? Also if the writ is only for a wage garnishment can they seize our bank account? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Sat May 08, 2010 2:31 am
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They will probably have to file different paperwork for the separate issue.
you will want to get a paid in full to make sure they can add anything on and come back and try to sue later. |
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