A judgement against me??...PLEASE HELP!!

Submitted by nacirema on Fri, 12/14/2007 - 22:05
Forums

I was recently contacted by a lawfirm regarding a possible judgement against me for a delinquent credit account. I spoke with the man handling my case and was told my only option was to pay within four months (with four even payments) or to go to court. Not knowing what else to do I said of course I'd pay with the four payments (as I can now afford them, after graduating and finding full time employment). I set up the arrangements for the money to be drafted each month and made sure I had the money in my account the day he told me the money would be withdrawn. (I should note that I was told the money would come out on that exact day, not a week later as the man later informed me)

Several days after my first payment was to post, I called the lawfirm to inquire about the problem and was told to wait a week, that sometimes the withdrawl can take a while.

A week and a half later my husband called him and requested that we would be able to just wire him the money that day as we had other expenses being drafted from our acct. (utilities and such) that we didn't want to interfere with this payment. The attorney told us to go on about our business that he hadn't heard anything about a check yet (a week and a half after the date he said the money would come out!!).

After hearing nothing, and obviously having our money drafted for other utilities we received an irate call today, demanding we pay this lawfirm today or he will file suit. My husband called, told the man that we'd done what he said, told him this situation would occur and attempted to work out a plan to pay the firm on our next payday (less than a week away) and double up on our last payment in the series of four so that we do, indeed pay this debt. The man simply said "Pay today or we file" and hung up.

Now, I'm obviously scared, confused, worried, etc. about what to do next. I don't know my rights, am committed to paying this debt in four months (I can't pay it all at once but I CAN make four payments and pay this bill) and really don't appreciate the way this man handled our situation, being very kind throughout, leading us to believe he'd work with us, etc.

Obviously my credit score is in the gutter, but I'd rather not have a judgement on top of everything. This is my only debt...I don't want it to ruin me for a lifetime, especially since I'm doing all I can to pay it off.

Please help!! (and thank you in advance!)

The four states which does not allow wage garnishment are Pennsylvania, North and South Carolina and Texas. But wages can be garnished in there for states if you have an outstanding Federal tax or an alimony and child support obligations. Although wage cannot be garnished under normal circumstances in these four states, the creditor can bring judgment against the borrower to garnish the bank account so that as soon as any money gets credited in the account of the debtor, the account gets automatically debited.

Wed, 01/14/2009 - 10:50 Permalink

Don't forget student loans... Those can be garnished as well....

Wed, 01/14/2009 - 11:15 Permalink

Yes I was pretty clear on the student loans since it happened to my sister in law. I was really unclear about the garnishment of bank accounts. I see from the responses that it is able to be garnished. Thanks for the replies.

Wed, 01/14/2009 - 13:49 Permalink
Geri (not verified)

My advice to all of you is to hire your own attorney. Someone who will definitely fight for YOU and who is not emotionally involved. Hanna's office called my home this past Tuesday, and I called an attorney the day after. My attorney said to make an appointment to come in with copies of all of my paperwork and we'll go from there and that I should not worry any more and to get a good night's sleep. While I haven't been served with any papers, the goons did threaten. I am relieved that I have someone on my side who will help ME through this. I know it will cost me some money in legal fees, but I think it's worth it. Hanna's group won't be able to pull any crap...they will have to be ready to stand up to my attorney.

Thu, 03/05/2009 - 14:17 Permalink
DESPERATELY SE… (not verified)

:evil: I GOGGLE THIS NAME FREDRICK J HANNA AND ASSOCIATES I WAS SERVED ME BY A SHERRIFF N DEKALB COUNTY. I WAS SO SCARED BEFORE READING INFORMATION THAT THIS COMPANY HAS SCAM SO MANY PEOPLE. EVERBODY B AWARE . GETIN READY TO ANSWER SUMMON THAT WAS ISSUED DO NOT OWE THIS AMOUNT TO THIS LAW FIRM PLEASE SEND DISCLOSURE FOR ALL DOCUMENTS PERTAINNING TO THIS CASE. EVERBODDY GOIN THROUGH SO MUCH N FOR SOMEONE TO SCAM ANYBODY . SHAME ON THEM N MAY GOD LEAD THEM N THE RIGHT DIRECTION. SO MAD

Tue, 08/25/2009 - 02:30 Permalink
Concerned (not verified)

Okay, I filed a complaint with FTC, called and they took our information. I filed a complaint with the Better Business Bureau of Georgia and said they couldn't handle the matter. I thought this is what they were there for. By the way, the law firm has a F rating.

Use google maps (actual view of their office) to locate and see what their actual law firm looks like. I mean if they are going to be sneaky and idiots about this, use the internet for what's its worth.

I called on our Chase account and said they would not accept full payment on the credit card that was owed. This is what led me to the FTC. How stupid do you have to be to say to consumer and by the a tax payer who bailed their asses out, No we don't want your money, we rather have you work with them. FTC has this on file now.

Thu, 11/19/2009 - 19:36 Permalink
freaked out (not verified)

A threatening debt collector from a law office told me they can garnish my wages up to 25% after a judgment. I am being sued for a credit card debt - about $4000. Can they really garnish my paychecks?? for a credit card debt?

Fri, 01/08/2010 - 19:27 Permalink
confused? (not verified)

Ok I was sued by hannah and assoc. in court and gave a judement I guess was the thing packet that I recieved in the mail which basically said that I do owe the creditors the money and should pay. Found out also tha it says that the law offices of hannah and assoc. can garnish my wages this was last year to date they havent and I dont know why I am glad but I am being told that I can set up arrangements to pay whatever I want but hannah and assoc. gave me a specific amount now the amount is not extreme but job situation a little tricky and not sure I can pay the amount every month. Is it ok to just send them anything i can afford?

Tue, 04/13/2010 - 14:10 Permalink

Hi Freaked,

Yes, if you owe money to the creditor, then after they win a judgment against you, they can garnish your paychecks. However, whether they can garnish your paycheck or your account depends on the state. Thus, you need to check your state laws on garnishment.

However, you can stop the garnishment process by paying off the dues. If you can't pay high debt amount, you can try to negotiate a debt settlement.

Confused,

You can't start paying them any amount you want to. A judgment has been issued, thus you are required to pay the judgment. However, if it's not possible for you to pay the judgment amount, you can try to negotiate a settlement with Hanna and Associates. Debt settlement may lower the outstanding judgment amount by 40-60%.

Thanks,

Aaron

Wed, 04/21/2010 - 09:50 Permalink
Richard Hutcheson (not verified)

I recently applied for a loan and there lawers Started reguesting information from a 3rd partie and sent me a letter for collections. What should i do?

Sat, 09/25/2010 - 20:31 Permalink
Ratmi (not verified)

If the balance is large enugoh they will sue you for a judgment. Once they have the judgment they can garnish your wages with the exception of the following states: TX, PA, FL, NC, and SC. I would focus on the larger balances first. It cost companies money to sue you so most will not sue on cards with smaller balances.

Tue, 10/30/2012 - 05:55 Permalink
matzcrorkz (not verified)

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Mon, 08/04/2014 - 22:20 Permalink