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judgement and bank account restraint

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bam



Joined: 29 Dec 2008
bam's page
Posts: 5
Location: N.Y.


310 Magic Points

Subject: judgement and bank account restraint
 
Posted on Mon Dec 29, 2008 3:39 am  

Hi Everyone!
I just found this web site. I wish I would have known about it sooner. I have a couple of questions and I hope someone can help. I did have good credit until my fiance went to Iraq for a year. This was when I couldn't keep up, and we also have a bunch of children. My vehicle was repossessed in 12/06 (I never thought this would happen to me). The balance after it was auctioned was approx. 4,500. I never paid this debt and now I found out there is a judgement against me and there is a restraint on my checking account. This happened four days before Christmas. I called the law firm Rubin and Rothman and spoke with a women who wasn't a lawyer. She talked so fast and was so rude. She said I now owe 6,833. and my wages are going to be garnished. I asked if she could send me a break down of the bill. She said it is court fees and interest and that is all I will see on the paper. She said I had until Mon. 12/29 or she is going to notify my job. I spoke with her on 12/26. This woman also said that I will continue to pay interest of 9% until the bill is paid and I can thank my congress for this. I suggested that maybe I should speak to a lawyer myself and she said that if I speak to a lawyer that a payment arrangement is out of the question and my employer will be notified. She needs me to fax my paycheck because 10% will be taken out of my bank account. I am a per diem nurse and my checks are always different. If anyone can suggest anything I will be so grateful, because I feel bad enough already about this debt and losing my vehicle but I will be so ashamed if my employer finds out. She said she sent papers already but it won't take effect yet. Thank you for any help!!!!
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Mon Dec 29, 2008 7:01 am  

Usually a creditor cannot garnish your wages and bank account at the same time. If the creditor has brought judgment against you to garnish your checking account, he cannot garnish your wages. For wage garnishment, a separate judgment has to be brought against you and the court may not issue a judgment to garnish both your wage and bank account. If your wage is garnished, the creditor cannot garnish more than 25% of your disposable income.
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carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30060 Magic Points

 
Posted on Mon Dec 29, 2008 8:04 am  

After the creditor has brought judgment against you, he will send this notice to the Marshall. This is known as income execution and you will get 20 days from the Marshall for coming to a voluntary repayment agreement. If you don not respond within this period to the income execution notice, this notice will be send to the employer who will be sending 25% of your net income to the Marshall. So when you receive the income execution notice, you can come to a repayment agreement to avoid wage garnishment.
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bam



Joined: 29 Dec 2008
bam's page
Posts: 5
Location: N.Y.


310 Magic Points

 
Posted on Tue Dec 30, 2008 4:37 am  

Thank you Justin and Carol for the replies. I called the Law firm/CA this evening to try to agree on a payment plan. I have been reading a lot on this web site, and there is so much information and support. Can I ask for a validaion letter? Can I be charged interest the entire time I am repaying this debt? I just want to know if I have any rights before I agree to have payments taken out of my checking account. Thanks again for any help!!
The woman I spoke to said that the interest will go up and down.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



490 Magic Points

 
Posted on Tue Dec 30, 2008 4:58 am  

The first thing I would wonder is was your fiancee who was deployed on the loan too? If so, then they can not take any civil action while he is abroad at war? They also can not charge intrest while he is over there. Look up the soldiers and sailors act if this is the case.

secondly, you can always ask for debt validation.

third, get everything in writing, payment plan etc.

Lastly, I would contact your states attorney generals office about this matter, I don't know what state you are in but Pa works very quickly. They should step in and help you out as far as what is legal and what is not. You did not say what state you are from so I don't know what else to tell you at this point.

I think that they are using a scare tactic on you, I have one that is almost 2 years old, they served a summons and I requested debt validation from them, It was a collection agency that was using a law firm to try and collect the debt. Becareful on what you agree to, I would not agree on anything until I spoke to the attorney general and let the Attorney generals office speak to them on your behalf then they will treat you like a human being instead of being jerks.
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bam



Joined: 29 Dec 2008
bam's page
Posts: 5
Location: N.Y.


310 Magic Points

 
Posted on Wed Dec 31, 2008 1:53 am  

Thank you for your response. I live in upstate N.Y. I am in the process of setting up a payment plan. They put a hold on my bank account. My bank charged me 75.00 and I had 60.00 in the bank and I signed that off to the law firm/CA to free up my account. I understand I have a debt to pay, but I don't want to be taken advantage of either. Is it legal to have this lady I am dealing with fax me a validation letter? Is it also legal to set up a payment plan and have that faxed also? It is just killing me that she said I will continue to pay 9% interest until this is paid off, and this interest can go up. I am being charged close to 2,000.00 over the debt from when this firm/co. first received it. I read somewhere in the past that after a year you cannot be charged interest any longer. Am I still being charged interest to this day because of a judgement?
bam



Joined: 29 Dec 2008
bam's page
Posts: 5
Location: N.Y.


310 Magic Points

 
Posted on Wed Dec 31, 2008 2:00 am  

I forgot to add that my fiance was not on the loan. It was only in my name. Does anyone know how I get in touch with my state's attorney gereral? How do I this and what do I say? Sorry so many questions........I'm just not experience legally..........
bam



Joined: 29 Dec 2008
bam's page
Posts: 5
Location: N.Y.


310 Magic Points

 
Posted on Wed Dec 31, 2008 2:06 am  

O.k. only one last question this evening.............Can I ask to have it in writting that when this debt is paid that the firm/CA send it in as "paid as agreed" I have been reading up on this very helpful website. Will they do this?
Vicki0308
Guest






Subject: Rubin and Rothman payment plan
 
Posted on Thu Feb 19, 2009 8:15 pm  

I have a judgement against me from Rubin and Rothman, i had moved a few times after 911 and I never received any judgment notice until I got a judgement from the court years later. I contacted Rubin and Rothman and have been paying since 2007 however there were times I were late and contacted them and they told me it was ok. I called to make a payment and the guy I spoke with told me that I was late so therefore they needed all my work info and I better hand it over or else they would garnish my acount. I told them that I have been paying and that when I was late I called ahead and notify you. Can they garnish my wages although my last payment today was recent?
Guest







 
Posted on Wed Feb 25, 2009 12:22 pm  

Hi Vicki
Yes, a creditor can garnish your wage or your bank account only if he is able to bring judgment against you. If he is successful in bringing judgment to garnish your wage, you will receive a notice from the sheriff that your account will be garnished. On receiving such notice, you will get some time by which you need to reply to the sheriff. If you come to repayment agreement and pay it off then its OK, else the sheriff will send a garnishment notice to your employer.
Shannon
Guest






Subject: Bank Account Judgement & Wage Garnishment
 
Posted on Fri Feb 27, 2009 5:51 pm  

Anyone here know if this is possible. We have a joint account. The creditor put a judgement on a joint account. I have not spoken to the creditor because I do not have any money to pay anything at the moment to be able to make arrangements. So the money has been in the bank and we have not been able to touch it. This last month the same credit began garnishing my wages. The small amount of wages I am earning, but still they are taking this money from my paycheck. Now is there still a hold on my bank account? Can they hold that money and still collect the full amount from paycheck too? Any information in regard to this would be appreciated
Vcikei
Guest






Subject: Judgements
 
Posted on Sat Mar 28, 2009 2:06 pm  

If I am unable to make a payment to a bank for a loan how quickly can they place a judgement on me?
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Mon Mar 30, 2009 10:09 am  

The creditor can sue you to the court anytime within the statute of limitation period. The creditors mostly consider a debt as a bad debt if you do not make any payments towards the debt for a continuous period of six months. However, if you become delinquent and the creditor does not sue you and bring judgment against you for the debt within the SOL, they cannot legally recover the debt.
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cassie
Guest






 
Posted on Tue Aug 11, 2009 12:41 am  

so if a judgement was set against you by a collection agency for a car repossesion, does that make it lega? does that 25% apply to all states. the judgement was filed in nyc but i live in dallas, tx
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30060 Magic Points

 
Posted on Tue Aug 11, 2009 12:48 pm  

Hi cassie

From what I can understand your creditor has repossessed your car for defaulting on your loan?

Well, after repossession the agency will try to sell off your car to get the value you owe them. If they sell the car for a lesser value than its actual worth, then the creditor can sue you for a deficiency judgment. A deficiency is the difference between the actual value of the loan and the value for which the car has been sold. You need to go to court upon judgment summon and may defend yourself there if you think you can be defended.
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Carol

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