| Author |
Message |
|
Options 
Bookmark online
|
forshawn
Joined: 11 Dec 2008
forshawn's page
Posts: 3
168 Magic Points
|
|
Subject: stop garnishment asset acceptance
|
|
|
Thu Dec 11, 2008 8:10 pm
|
|
|
| asset acceptance has started garnishing my checks and i just found out on pay day. what do i do |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
|
|
|
|
|
Thu Dec 11, 2008 8:56 pm
|
|
|
| Do they have a legal judgement to garnish your wages? I would stop in at the payroll dept. and ask to find out any information you can from them. They should have reciecved a letter from a court house stating the judgement to attach your wages. If you can not find information there (which you should) go down to your local courthouse and ask if there is a judgement against you. Was their a hearing and you did not show up? Usually if you do not they can win by default and attatch your wages. I would head directly to the payroll dept and then go to the courthouse. What state are you from? There are 4 states that do not allow for the attatchemnt of wages..just wondering if you are in one of these states. |
|
|
forshawn
Joined: 11 Dec 2008
forshawn's page
Posts: 3
168 Magic Points
|
|
|
|
|
Thu Dec 11, 2008 9:04 pm
|
|
|
| well, nothing was said to me. dont remember going to court for this. i live in florida. i thought that if i was a single parent, that they couldn't garnish my wages. but my payroll department did not advise me and just did it. |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
|
|
|
|
|
Thu Dec 11, 2008 9:21 pm
|
|
|
| They can in fact garnish wages in the state of Florida. Usually a payroll dept. will not advise you ahead of time of the wage garnishment. I would definatley look into it with them. The place that is garnishing your wages has to have a court prder to do so. This means your case would have to be heard in front of a judge. Are you sure you have recieved no summons or anything? What you need to do is go down to the courthouse and ask someone about it. Someone in the courthouse should be able to pull up the information for you. If there was no judgement than they are collecting on the debt illegally. I think you need to make your first step the payroll dept. and ask to see what document they were given that allows them to garnish your wages. |
|
|
forshawn
Joined: 11 Dec 2008
forshawn's page
Posts: 3
168 Magic Points
|
|
|
|
|
Thu Dec 11, 2008 9:29 pm
|
|
|
| I can't remember if I went to court for them. I would remember the amount. What if they filed a motion and it went through. What is my next course of action. I am a single parent and was trying to clean my credit and can't afford anyone to garnish my wages. What is my next course of action. My next pay period is in two weeks. |
|
|
anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 10:47 am
|
|
|
Hi Forshawn
A creditor cannot garnish your wage without a court judgment. I think that the creditor might have send you a court summon which you have neglected. If you neglect and do not file an answer to the summon, the creditor can bring a default judgment against you to garnish your wages. If you think that you do not actually owe the debt you can file a motion to vacate the judgment.
_________________
Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
|
|
|
|
|
Fri Dec 12, 2008 11:15 am
|
|
|
| If you win and can prove you in fact do not owe this creditor the money then you should be able to get back what ever money was taken from your wages. What you need to find out is if you did not file an answer to any summons they may have sent. If they filed one and you did not answer then they more than likely won this judgement by default. The amount may look unfamiliar to you because there was probally fees and other things added to the amount after you defaulted on payment. If it did go to court and you were not present then they may also have added on court and atty, fees. Like I said you need to stop off at your payroll department see what information they have there and then head down to the courthouse. |
|
|
sheila
Guest
|
|
Subject: civil judgement
|
|
|
Thu Jan 29, 2009 3:09 am
|
|
|
| recently discovered a collection agency had a judgement against me a year ago that I had no knowledge of for a joint charge account I thought was closed at least 8 years ago. My ex husband must have somehow reopened it and used the account (we divorced in 2001). I contacted the collection agency, Asset Acceptance LLC and they want me to pay them $6000 but won't give me any proof of the debt. I had an excellent credit report until this and feel this must belong to my ex. How do I get this debt that is not mine, that I have no knowledge of and no record of off my credit report?? Please help. |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1222 Magic Points
|
|
|
|
|
Thu Jan 29, 2009 3:48 am
|
|
|
Wow, you present an interesting problem, I will take a try at this, first off, they must validate the debt no matter what before they validate it.
Can you find out what court the judgement was issued in? Can you contact them and find out when it was and some more details of the judgement. That is where I would start.
Hopefully someone else will come a long and share some more wisdom in this matter, hang out, I hope the little that I did share was some help anyway. goodluck, I will follow this thread to see how it all works out.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
|
|
carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
|
|
|
|
|
Thu Jan 29, 2009 6:35 am
|
|
|
First of all can you tell us the kind of debt for which there has been a judgment against you - Is it a credit card debt or an loan debt. If it is a credit card debt and if you have not made payment for the last eight years, you can file a motion to vacate the judgment. However, if it is a loan debt, and both of you have signed the loan application, then the SOL has restarted and you need to pay off the entire debt amount. Anyway since asset acceptance is not willing to provide you with details of the loan and you were not aware of the judgment, you should immediately file a motion to vacate the judgment.
_________________
Keep in touch
Carol |
|
|
scott
Joined: 28 Jun 2006
scott's page
Posts: 462
10934 Magic Points
|
|
|
|
|
Thu Jan 29, 2009 12:37 pm
|
|
|
Hi Sheila
Since you are a co-signer of the credit card agreement, you are equally responsible for the debt even if you have not paid with the card. If you do not make the payment towards the debt, the creditor can either garnish your bank account or your wage to recover the debt since there has already been a judgment against you. Since you were not aware of the judgment, you should visit the court which issued the judgment and take a certified copy of the same to be sure that there has been a judgment against you. After that, you can file a motion to vacate the judgment.
_________________
SCOTT
Use your credit account responsibly and enjoy a debt free life. |
|
|
Sheila
Guest
|
|
Subject: civil judgement
|
|
|
Fri Jan 30, 2009 9:46 pm
|
|
|
| thanks for your support. I got the paper work from the court today showing that the process server falsely said I had been served and a copy of the judgement. It's for a Ward's charge that the ex made 5 years after our divorce. I'm going to see a lawyer next week to try to clear this off my credit report. |
|
|
sheila
Guest
|
|
Subject: civil judgement
|
|
|
Sun Feb 01, 2009 9:05 pm
|
|
|
| hope I'm not sending this twice. I'm still open to any ideas/suggestions you may have. This mess happened in MI if that helps. Do you think I should get something in writing from my former employer to prove I was at work at the time I supposedly was served back in 2007? I got a call from Asset Acceptance 2 days ago stating that they got my written request for paper work on this debt they say I owe but they can't get it in time and referred me to their lawyer. |
|
|
rcummings74
Guest
|
|
Subject: Garnishment
|
|
|
Thu Feb 12, 2009 2:33 am
|
|
|
| I have been paying back on a loan for a year and half. I have been paying the amount agreed to by their lawyer. All of sudden I just got a letter from the them that the court has issued in order to Garnishment my wages in their favor. They never asked me to pay more and I have not missed any monthly payments. In Kansas, Garnishment is 25% of my wages which will be over $100 more then what we agreed to. Is there anything I can do? |
|
|
Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
|
|
|
|
|
Thu Feb 12, 2009 11:00 am
|
|
|
| Firstly, did you receive any summon before from the court? If you have received one and did not file an answer to the summon within the date specified on the summon, the creditor can bring a default judgment against you and garnish your wage. Now, if you did not receive any summon, you can file a motion to vacate the judgment, but before that you should visit the court and ask for a copy of the judgment order to check whether they have actually brought judgment against you or not. |
|
|
