Collections Law/HELP....wages garnished maybe???
QUESTION: Your question was
"I have been getting collection letters for a few years from 1 debt collector, a Law Firm. I ignored them as I believed the SOL had expired (3 years in NH). Then I started getting letters saying they were going to garnish my wages and I panicked,and a court date was made which I did not appear at, I never was served by a sheriff. After the court date I received a letter saying judgement was in their favor, so they claim, and now they are going to go ahead with proceedings to garnish my wages.
I called up this Law Firm Collection Agency and asked what can I do? I verbally agreed to 50.00 a month . He said No, so it is 75.00
I know I started the SOL all over by admitting, is there anything I can do to postpone the 1st payment, (which is due in 10 days.)anything I can do to postpone ? By asking for original debtor or going before a judge? Or did I put myself right into their lying hands?
I pay my bills, this bill was not paid due to lay offs in my company a few years back , since then YES I am employed. Please Please help me if you can . Can they garnish my wages without a judge to order it and if a judge has to order it will I be notified to appear to dispute garnishment?
I beg of you to explain how bad I screwed up. They say the date of court they were granted judgement , I dont know if the court is suppose to notify me but I have nothing from any court , just the debt collector. Again, Please help me?"
ANSWER: Hello Steven. I just now received your message. Relax. You can stop this garnishment and find out what is going on. This would be a heck of a lot easier for me to just talk to you on the phone. Please feel free to call me if you like. I will not charge you just to talk on the phone. 915 261-3893
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QUESTION: I can`t call right now as I am at work still, the garnishment is not in place, they are threatening me with it if I did not make an agreement, and I made the verbal agreement... Can I get out of the verbal agreement or postpone it and ask them to verify information from the original debtor? 1st payment is due the 20th and they do not receive it they will proceed with garnishment, can they proceed without a judge?
Please help and I can call later , what time zone are you?
ANSWER: Mountain daylight time.
Your verbal agreement to pay doesn't mean anything. What I am concerned about, however, is that they may have lied and actually received a judgment - Either way, this has to be dealt with.
call me whenever you like.
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QUESTION: They did receive a a judgement in August of 2005.
Do I call them or write them to postpone this or to tell them a verbal agreement is not binding? They sent me a letter stating we made a verbal agreement. And as long as honored they will not move forward to file for wage garnishment. That is my biggest worry, that they will somehow whether legal or illegal garnish my wages, Child Support garnished my wages years ago and it was a nightmare to straighten that mess out , which was CA child support collection agency mistake, but meanwhile my pay was docked for 6 months before it was straighten out. I almost lost my home. So my biggest fear is if they can contact my Job and have wages garnished. Can I call you on Saturday , 3 PM your time?
ok since they already have a judgment, this is no idle threat. you have to take action, but it shouldn't be calling them and telling them anything. you can't trust these bill collectors anyway- and even if you had a verbal agreement and then they changed their mind and decided to garnish you anyway, they could do that.
Not to get discouraged though. There is a way to take care of this but you are going to have to act fast before they start any garnishment.
You can call me tomorrow as you suggest if you like. There are some additional facts that you don't state in your question that are important for me to know before giving you a complete answer on what your present options may be, but we can talk about that when you call me.
You can call me today if you wish. (this is Sunday) 915 261-3893