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Question
i had a debt with a citibank credit card that i was trying to negotiate a settlement on when they turned it over to Rausch, Sturm, Irael, & Hornick here in wisconsin. i was summoned to court and upon talking to the lawyer representing the firm worked out a stipulation that was agreed upon by the court and signed. i have fallen on hard times due to lack of work and was not able to make the payments but i was able to borrow 3 payments from my parents. they cant help me anymore and now i am in a situaion where i can either pay the collection firm or pay my mortgage but noe both. i am barely scraping by and am falling farther and farther into debt. i have requested this stipulation changed with the collection firm on numerous occassions and they say absolutely not. isn't there a way i can get the court to change this? i don't know what to do now but i am risking losing my home and car if i have to keep paying this high amount (600.00) per month. help!
You need to check with the clerk of the court first to see if the court has some standard form to request a hearing for reduction or exemption from the garnishment order.
If they don't have such a form then you will just have to fiile a motion to the court in writing to see if the court will grant you a bit of relief.
The courts don't want to see you lose your home or go without the real necessities of life.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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