After 2 years of non-payment lawsuits are starting to come in. THe first was AMEX, but I worked out a repayment plan, so there is no judgement. The second came yesterday from Chase. It's about 8,000. that I owe them. Ok my question is if I can't work out a payment plan with them, how soon after they retain a judgement can they start wage garnishment? Also, do they have to notify you about the garnishment of wages and bank accounts. Also, is there any "rules" that need to be followed in order to get a wage garnishment or bank account seizure? I am in New Jersey, if that helps!
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before i had filed bankruptcy amex did not file suit for the whole 4 yrs i did not pay. however first usa sold the the debt to asset management and they pursued a judgment, won and immediately filed a garnishment. but it was stopped immediately when i filed bankruptcy and they were served notice. i was notified of the judgment immediately when they took over the debt and served at home and work for the garnishment.
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I was sued and served on a Saturday, hired a lawyer the filling Monday and filed bankruptcy two weeks later, all to avoid the lawsuit, judgment and impending wage garnishment. I think once the case goes before a judge, he or she can authorize the wage garnishment, you'd be surprised how quickly it can all happen. Mine was a credit card that was charged off, sold to a collection agency, who in turn sued me...took all of 8 short months of not paying.Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11
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In NJ, Chase uses their own lawyers to sue people, since it's cheaper. After a 30 day demand letter you can expect them to file suit.
The good news is they are less aggressive about collecting judgments than Citi or Discover, for example. But you should have a plan
in place to protect yourself from any judgments if possible. (i.e. don't leave money in banks). Once you file BK the debt is sold off to
a third party debt buyer, judgment and all.filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!
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