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Collections Law/Summons Received, Possible Wage Garnishment??
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Question
We had a judgement against us some time last year for almost $19,000 for a car loan. We just received, in regular mail, a summons to appear for our 1st appearance. It doesn't say what the 1st appearance is for. Is there a summons for a court appearance for a wage garnishment? If so, I work two jobs and my wife is a stay-at-home mom with our four kids. Will that be taken into consideration if I appear? Can they garnish both employers? And lastly, I have no way of appearing in court that day, it's 3 1/2 hours away and I have no way of getting off work, would it be continued?
You have real problems indeed. The hearing is probably an assets hearing and if you fail to show up they can and most likely will hold you in contempt of court, issue a warrant for your arrest and have you thrown in jail and held there until they are ready to hold your hearing. That could be a few days or it could be a month or more. No way to tell. I think the first thing you need to do is contact the clerk of the court and see what is going to be required of you and if they say you must appear then you had better do it regardless of missing work or driving 4 hours each way or whatever it takes.
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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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