Expert: Michael Brotherton - 10/16/2008

Question
QUESTION: Here is my situation. Collector got a judgement on me. There was an agreement to pay $300 a month for 3 months total $900. Just barely made the 1st two months payments. The 3rd month was only able to pay $150. They refused that and garnished my bank account with 3 dollars in it. Now I have a negative 600 in my account do to fees and bounced checks. I called them to make another arrangement. They will only accept $300 a month and now the amount due has gone up to over $2000. The 600 I already paid, and the remaining balance they claim of about $1400. Original credit card amount was $400. They refuse to take anything less, I have written, called and begged to lower the monthly payment but they refuse to budge. This is causing me extreme financial hardship. I have not bought groceries or paid other important bills in over 2 weeks now. My question is can I bring this before a judge for him/her to make a decision, I feel I am being robbed and was mislead on the proceedure for a judgement. I was told that I needed to do nothing when I received this court paper and this was the standard proceedure. I remeber they even told me I would get a default from the court and just ignore it so I did and now I feel so stupid that I was taken advantage of. This has never happened to me and probably ignorance is my fault. I am not disputing the fact I owe and am willing to pay but lets be reasonable here. Please let me know which direction to take if possible. Thank you.

ANSWER: Yes, you may appeal the garnishment and ask for a hearing or ask the court for an accounting of the debt. bring the creditor to account for the amount of money they are demanding. Contact the court for there filing requirements and follow through. It sounds like they are taking advantage of you as many of them do because they know they can and usually do get away with it.

If you have a legal reason for overturning the judgment you may also appeal the judgment but you have to have a legitimate reason for this action. You may be able to based on what you just told me. They told you you had to do nothing and were mislead.

If this doesn't work call me maybe I can help. 937 372 8581.

---------- FOLLOW-UP ----------

QUESTION: Hello Mike Getting back to you again on this. I have made a phone call to the lawyer referal for assistance on this. Yesterday I found another NSF amount in my bank account. Asked the bank what was this for I haven't used this account since August. The check that I wrote to this law firm for the partial amount of $150 on the first arrangement that the refused to accept because it was not the full amount of $300, well they are trying to collect on it now and presented it to the bank. How can they do this when I have made another payment arrangement with them to end this nightmare. I am so stressed. I have asked them to send me a written agreement or a payment schedule but the refuse, I have even tried to contact the attorney but now one will help me out they just keep stealing my money. If I cannot get any help from the lawyer referal, you mentioned maybe you could help. What could you do? I was thinking of sending this to small claims court. what are your thoughts.
Thank you and have a nice day!

Answer
First, we are now a full service law firm. Once we contact them they will have to respond in a professional manner and many times they are more cooperative. We can renegotiate an agreement and get terms you can live with as well as deal with this check issue. I am a strong negotiator and have substantial experience dealing with issues such as this.

If you would like my help give me a call. Thanks

Mike

937 372 8581