Expert: Apex Credit Services, LLC - 1/5/2008

Question
Hello,

A law firm already processed garnishment papers on me in court for and old credit card debit I owe.  The garnishment hasn't started yet and I called them to see if it was still possible to make payment arrangements.  The law firm said that I should fax them a copy of my recent pay stub, and then check with the debt collector to see if they are willing to arrange a payment.  I'm a bit skeptical of what I will really gain from this, by offering them that information.  I'm sure that they will see this information anyway if they garnish.  I used to live in Georgia
and the law firm is in Georgia.  But I'm no longer a residence of Georgia but a resident of Virginia, I was told that they will have to get an order for the state of Virginia to execute this.  They are currently unaware that I live and work in Virginia.  They think the company that I
work for is in Georgia.  So with all being said, how long will it take for them to execute this in Virginia?  How can I find out what percentage they will take from my check?  Will it be the maximum 25? What happens if I change jobs?  Please advise

Thanks

Answer
Jack:

    Do not provide them with a copy of your paystub.  That will tell them where you work and the amount of money that you make.  In short, it will make their job of domesticating the judgment easier.  If they are not willing to accept an arrangement without it, let them pursue domestication.

    Yes, the will have to domesticate the judgment from GA in VA in order to garnish your wages.  As to how long that will take, that is up for speculation.  Under VA's court system, you can bet it will be set at the statutory maximum unless you can show a hardship.  If you change jobs, they will have to process the order on to your new employer.

    I would advise you to call the collection agency and see if you can remit a lump sum and then payments thereafter.

            Apex Credit Services, LLC