Some questions about collection agencies & judgments

[DJP1986]

Hello all,

I'm new here, and am in a situation I needed some advice and help with. A credit card I had with Bank of America has landed into the hands of a collection agency whom also has been known to take clients to court. The agency is Zwicker & Associates, P.C.. They just notified me via general letterhead a couple of days ago about taking this debt into their office to assist FIA Card Services in collecting this debt. I'm going to send them a request for debt validation.

But, in the letter they sent, they spoke of a possible judgment to be passed. I'm assuming if they do, wage garnishment will be the ideal solution for them.

I live in Washington state, and found a link that states:

WAGE GARNISHMENT EXEMPTION: 75% of earnings or 40 times the federal minimum hourly wage, whichever is greater

Does this mean that up to 75% of my wages can be claimed for the garnishment enforcement? Or, does it mean that 75% of my wages are exempt from the garnishment, thus enforcing only 25% of my wages to be taken?

The placing of the terminology, combined with my lack of understanding, kind of threw me off...

That aside, I'm going to try and work with them if they can prove the debt. I've read a website that states, if 30 days go by after requesting the validation and they do not respond, you have the right to send another letter requesting they remove the debt from your report for failure to comply with the FDCPA. However, at the same time, many "blogs" and websites related to this agency have people claiming they've been waiting for months for said information. How exactly does this work?

Anyone ever been in a similar situation where they can shed some light on?

I'd prefer to not have to file for bankruptcy, and I'd love to try and resolve this debt. Money is just really tight right now, and my payments became unaffordable. I'm just hoping their willingness to work with me is a tad more flexible than the stories I've heard from people with higher debts.

Thanks guys

[tobee43]

Zwicker & Associates, P.C.........i got my first summonss over 3 years ago for Chase...which was my mortage...nothing.......they haven't moved at all....however, that's just my personal experience..i called them...they were no help.

if you are filing and they do sue you, after the discharge you can file a motion to vacate the judgment.....and it will be gone...might cost you a few bucks...but it's WELL worth getting the judgment removed.

[DJP1986]

What happens exactly when they deliver a summons? Do they more or less request you show up in court? What happens if you don't? Is it considered more or less defaulting on the debt?

Did you go to the summons, and then they failed to issue judgment?

[tobee43]

What happens exactly when they deliver a summons? Do they more or less request you show up in court? What happens if you don't? Is it considered more or less defaulting on the debt?

Did you go to the summons, and then they failed to issue judgment?

no.....i didn't answer the summons ONLY because the summons i rec'd i knew were going to be including in the bk AND the timing was correct...........however, it ALL depends on when you file.....

at first i called Chase and said what the hell are you doing foreclosing as we are right in the middle of a loan mod..one hand didn't know what the other was doing.............the summons how does it read.........do you have 15 day...(which someone suggested happens..although i have never seen it........) or 30 days to answer............because you CAN stall............

[OhioFiler]

no.....i didn't answer the summons ONLY because the summons i rec'd i knew were going to be including in the bk AND the timing was correct...........however, it ALL depends on when you file.....

at first i called Chase and said what the hell are you doing foreclosing as we are right in the middle of a loan mod..one hand didn't know what the other was doing.............the summons how does it read.........do you have 15 day...(which someone suggested happens..although i have never seen it........) or 30 days to answer............because you CAN stall............

Is your period key stuck?! ?

[DJP1986]

Well I haven't actually received a summons just yet. For now, I just have a letter from the collection agency stating they are assisting in collecting the debt and as of this time, no attorney has reviewed the account yet. They stated they reserve the right to seek judgment, but haven't actually issued one yet. Based upon my research, I've found people have said they have been taken to court by these guys. So, I'm still in the early stages. I'm more concerned of, if I don't file, and they get a judgement to garnish my wages, how much will be garnished.

I'm kind of just weighing my options right now, to be honest. I know bankruptcy is pretty serious, and I just don't know if it's the best thing to do right now. I'm not too savvy on any of this, though, so I'm sure my feet are pretty thick in the quicksand I've buried myself in.

[tobee43]

Is your period key stuck?! ?

no, it's me...takiing a breath.............i'm dying of lung cancer and i never smoked....

[tobee43]

Well I haven't actually received a summons just yet. For now, I just have a letter from the collection agency stating they are assisting in collecting the debt and as of this time, no attorney has reviewed the account yet. They stated they reserve the right to seek judgment, but haven't actually issued one yet. Based upon my research, I've found people have said they have been taken to court by these guys. So, I'm still in the early stages. I'm more concerned of, if I don't file, and they get a judgement to garnish my wages, how much will be garnished.

I'm kind of just weighing my options right now, to be honest. I know bankruptcy is pretty serious, and I just don't know if it's the best thing to do right now. I'm not too savvy on any of this, though, so I'm sure my feet are pretty thick in the quicksand I've buried myself in.

well, from the time we rec'd the letter it was maybe 2 days b4 the summons.

[jacko]

Its just a collection tactic. It would be impossible to sue every debtor. It all depends on what your credit report conveys. I have only two judgments: Capital One and my former HOA. They have yet to receive one cent from me and I'm collection proof. They can only garnish up to 25% from your net payroll income after all exemptions are factored in. Up to $290 in weekly gross earnings are exempt from the 25% garnishment. Creditors have to get in the garnishment line.

Well I haven't actually received a summons just yet. For now, I just have a letter from the collection agency stating they are assisting in collecting the debt and as of this time, no attorney has reviewed the account yet. They stated they reserve the right to seek judgment, but haven't actually issued one yet. Based upon my research, I've found people have said they have been taken to court by these guys. So, I'm still in the early stages. I'm more concerned of, if I don't file, and they get a judgement to garnish my wages, how much will be garnished.

I'm kind of just weighing my options right now, to be honest. I know bankruptcy is pretty serious, and I just don't know if it's the best thing to do right now. I'm not too savvy on any of this, though, so I'm sure my feet are pretty thick in the quicksand I've buried myself in.

[shark66]

no, it's me...takiing a breath.............i'm dying of lung cancer and i never smoked....

You're not being serious, are you?

[frogger]

Its just a collection tactic. It would be impossible to sue every debtor.

I agree that it is a tactic, however with the technology available today, it would not be impossible to sue every debtor. One person, armed with the right technology, can file 3000 cases per month.

[tobee43]

You're not being serious, are you?

sorry.......

no....but Ohio....was busting me...and while i never wish myself harm....sometimes you just need to do a "show" stopper to the crazy...to make it stop...and as you can see it did. it was NOT appropriate for me to have done that at all.......but Ohio, will now be kinder i'm sure..

however, i have been seriously ill for over 4 years...and just recouping now.....from a knee surgery with included mico fractures... which means there are hundreds..., yes, hundreds of fractures in my poor knee cap... and i'm still in a wheelchair....but this is been VERY minor compared to the other surgeries...this was what i considered minor; not....like having to replace an entire upper jaw with new bone in my face.. and rebuild the other side as well....and YUCK...i don't even want to say what else...it make the bk a breeze...that's all i can say.

my major illness , well, it's what drove us to bk, over 200k medical bills after max'ing out our medical insurance... for me and then job loss....6 surgeries this past year...and thankfully my lungs were one of the only things that were in GREAT condition....(BREATH).....thankfully!

and thanks for your concern, your so nice. and sorry for the full life and times of tobee.......oh my!

[OhioFiler]

Well I haven't actually received a summons just yet. For now, I just have a letter from the collection agency stating they are assisting in collecting the debt and as of this time, no attorney has reviewed the account yet. They stated they reserve the right to seek judgment, but haven't actually issued one yet. Based upon my research, I've found people have said they have been taken to court by these guys. So, I'm still in the early stages. I'm more concerned of, if I don't file, and they get a judgement to garnish my wages, how much will be garnished.

I'm kind of just weighing my options right now, to be honest. I know bankruptcy is pretty serious, and I just don't know if it's the best thing to do right now. I'm not too savvy on any of this, though, so I'm sure my feet are pretty thick in the quicksand I've buried myself in.

I get plenty of those letters. They are not serious. They use the same tactics on the phone. I always challenge them to confirm I am being sued. Love to tweak the collectors if they are less than sweet to me.

Every trick they use to scare you into paying is nothing more than an attempt on their part to collect cash from you. There is no differnece between the sweet sounding smooth woman who sympathizes with your plight and the rough and tough gruff dude who implies your days are numbered. There is no difference so long as you don't give any of them cash.

[GoingDown]

Man, this thread has strayed way off topic.

I hope the original poster got some help out of it and will continue to search this forum for the hundreds of times these questions have been answered.

Look at some of the "sticky" threads above for more info about judgments, garnishments, etc.


Look here for more info... http://www.bkforum.com/showthread.ph...Nuts-and-Bolts

[tobee43]

Man, this thread has strayed way off topic.

I hope the original poster got some help out of it and will continue to search this forum for the hundreds of times these questions have been answered.

Look at some of the "sticky" threads above for more info about judgments, garnishments, etc.


Look here for more info... http://www.bkforum.com/showthread.ph...Nuts-and-Bolts

agreed, but i do think there was actually some "useful" information in between the UN-needed comments...it just happens....sorry, i just should have left it alone..

i apologize to the OP....