pending wage garnishment

What is the name of your state? california


I hope someone can help - I have a creditor who is threating wage garnishment (I am behind in payments).....I asked if there ws anyway around this and they stated no, only if I paid off the balance due ($8K) but could not give me a date as to when the garnishment was to begin. This threat began after telling me I needed to pay $34 before the end of the month of my creditor would charge off my account...??? Is there anyway I can get around having my wages taken?? I hate to have my employer involved. Also, my total debt is over $20k - would bankrupty be an option - any help appreciated

[JETX]

Q1) "I have a creditor who is threating wage garnishment (I am behind in payments).....I asked if there ws anyway around this and they stated no, only if I paid off the balance due ($8K) but could not give me a date as to when the garnishment was to begin."
A1) Does this creditor have a judgment against you??? A judgment is required BEFORE garnishment can be done. If they do NOT have a judgment, then their threats of garnishment are a possible violation of the FDCPA ([url]http://www.ftc.gov/[/url]).

Q2) "This threat began after telling me I needed to pay $34 before the end of the month of my creditor would charge off my account...???
A2) One thing that you MUST consider in dealing with debts is the statute of limitations. When was the last ACTIVITY (payment) on this account and what type of debt (credit cards, contract, etc.). If it has expired, or is close to expiring, your making a payment now will reset the SOL clock and could open you up to several years of abuse.

Q3) "Is there anyway I can get around having my wages taken??"
A3) See A1.

Q4) "Also, my total debt is over $20k - would bankrupty be an option"
A4) Bankruptcy is always an option, but without a complete review of your financial 'picture', no one here can advise you on whether you should consider or not. I suggest you consider talking with a local bankruptcy attorney.

Thank you for your reply Halket - this was a personal loans taken out a couple of years ago - I fell behind because the payments were too high (I got in over my head)- the company sent my acct to a "law office" which actually seems like a telemarketing company - Ive never spoke with an actual attorney, only "Ms Jones" or "Mr Gomes"......the name of the outfit is the Law Offices of **************... In any case, now Ive entered into an agreement with them since last year but again have fallen behind in the payments - there was a payment plan set up in lieu of taking me to court (there was a person who came and had me sign a form that stated there ws a court date). The reason I have been late with the payments to the law office is because the payment is twice what I stated I could pay but I entered into it anyway and have been paying the best I could - my last payment was this month (I have missed a couple of months prior)- now here I am stuck again and they arent willing to work with me anymore.....should I pay the $34 or wait and see .....or talk to an attorney??

[JETX]

Generally, nothing can be done (other than a hit on your credit report and harassing phone calls) until the creditor decides to take legal action against you. Then, if you get notice of a lawsuit, you need to take this seriously, because a default judgment could be rendered if you don't defend yourself.

And once a judgment is issued, a whole lot more serious actions (like liens, garnishment and seizures) can be done.