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    #1

    Garnishment, etc.

    I sent the check today to rettain a lawyer! This is so hard...Anyway in the mean time I received two phone calls from a creditor. I finally called them back and they told me that this was my final notice. Hmmm I thought it was a done deal, it's listed as a charge off on my credit report. My mistake. He stated that I had until the end of the week (tomorrow) to pay the settlement or they may garnish my wages. I was able to get them to hold off until next Thursday, hoping I would get all the paperwork from the attorney by that point.

    Will that stop them from taking any further action?

    Thanks
    Tags: None
    #2
    Have you been served and have you got a judgement against you?
    Filed CH7 Feb 12 2010
    341 March 18
    Discharged...May 18
    Awaiting closing...

    Comment

      #3
      No I have not been served. Sorry I'm not sure what you mean by judgement??? When I called the attorney earlier today (before I knew about this) I asked when I could start giving creditors their number, she told me as soon as they received the retainer I could. Hopefully by Tuesday

      Comment

        #4
        Originally posted by callies View Post
        No I have not been served. Sorry I'm not sure what you mean by judgement??? When I called the attorney earlier today (before I knew about this) I asked when I could start giving creditors their number, she told me as soon as they received the retainer I could. Hopefully by Tuesday
        A judgment is what a creditor gets when they win the lawsuit. It's a declaration by a court that you owe the creditor/plaintiff X amount of dollars.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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          #5
          Nope no judgement So once I get the official word from our attorney we will be ok????

          Comment

            #6
            Originally posted by callies View Post
            Nope no judgement So once I get the official word from our attorney we will be ok????
            Your creditor can move towards suing you until you officially file for bankruptcy, but the lawsuit, will be voided once you file. I think they were just trying to scare you. If in fact they do initiate a lawsuit, you will be served papers, and have around 3-4 weeks to file a response and that should give you enough time to have your petition formally filed and in the system.

            But I don't think it is even going to go that far.
            You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

            Comment

              #7
              Originally posted by callies View Post
              Nope no judgement So once I get the official word from our attorney we will be ok????
              Once your attorney has filed your petition, you'll have the protection of the automatic stay. Your creditors are then required to stop further collection efforts and any pending lawsuits are stayed. Nothing really changes until your bankruptcy petition is filed.
              Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

              Comment

                #8
                since there is no judgment against you right now, the creditor cannot garnish your wages. certainly not by this week. i think they are not allowed to threaten such action. i think this threat is illegal.
                filed ch7 May 09
                341 june 09
                discharged, closed Aug 09

                Comment

                  #9
                  yeah that's why I asked, they are violating the law when they do this, but unless you have the call recorded, just your word against theirs. Try this, it worked for me a couple of times. When you answer and it is a collection agency, say "Hold please. This is (your name) and Im on the phone with (their name) and the date is (date) and this call is being recorded. OK, go ahead." Puts them on good behaviour and the rest of the converstion should be on a professional level. Or better yet, actually record the conversation and nail them to the cross if they break the law. Nobody does so they just keep on harrasing people.
                  Filed CH7 Feb 12 2010
                  341 March 18
                  Discharged...May 18
                  Awaiting closing...

                  Comment

                    #10
                    Originally posted by music12 View Post
                    since there is no judgment against you right now, the creditor cannot garnish your wages. certainly not by this week. i think they are not allowed to threaten such action. i think this threat is illegal.
                    These clowns dance around the actual threat and the debtor hears only the word GARNISHMENT and freaks out. Very effective in this case.

                    I miss the calls at times. I loved playing with those morons.
                    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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