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  #1  
Old 06-24-2009, 01:52 AM
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confused!!!

Arizona/ I have a situation my car was repode back in 2003. I owed $1200-$1500, now they are trying to garnish my waiges. I called and asked if they would let me make atleast $100 monthly payments. The lady yelled at me and sai NOWAY I WILL SEE YOU IN COURT! What can I do? She wants me to pay $500 a month!!! I cannot afford that at all...please help!!!
  #2  
Old 06-24-2009, 08:50 AM
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They are under no obligation to accept partial payment or to have a payment plan that you decide how much you can pay. The mere fact that you are in this situation shows that you failed to pay as agreed twice - once when you defaulted and got your car repoed and once when you did not pay the deficiency balance.

It sounds like they plan to sue you and get a judgment for the deficiency balance, plus interest and fees. This could be much greater than the original $1200.

I am not sure what defense you would have in a lawsuit oter than a possibility that the debt is too old - the statute of limitations in AZ in 6 years for contracts. If they do sue you then you need to look carefully at the dates of the suit and of your original default.
  #3  
Old 06-24-2009, 10:04 AM
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It appears she already has a judgment against her since they are trying to garnish her wages.
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  #4  
Old 06-24-2009, 10:16 AM
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Yes, they may have a judgment against her due to the garnishing comment, but they may not due to the "NOWAY I WILL SEE YOU IN COURT!" comment.

But, if they readlly had a judgment, then why are they discussing garnishment with her instead of just doing it?

cocoflores: Were you already sued over this debt?
  #5  
Old 06-24-2009, 10:39 AM
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Originally Posted by cocoflores View Post
Arizona/ I have a situation my car was repode back in 2003. I owed $1200-$1500, now they are trying to garnish my waiges. I called and asked if they would let me make atleast $100 monthly payments. The lady yelled at me and sai NOWAY I WILL SEE YOU IN COURT! What can I do? She wants me to pay $500 a month!!! I cannot afford that at all...please help!!!
I took the bolded statement to mean she already had a judgment. It was good of you to specifically ask her the question. Now we wait for the answer.
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Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #6  
Old 06-24-2009, 12:07 PM
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Because a collector would NEVER threaten to garnish wages before having an actual judgement in place....
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  #7  
Old 06-24-2009, 08:42 PM
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Originally Posted by ecmst12 View Post
Because a collector would NEVER threaten to garnish wages before having an actual judgement in place....
Because a LEGITIMATE collector would NEVER threaten to garnish wages before having an actual judgment in place....

There, fixed it for you.
  #8  
Old 06-24-2009, 09:02 PM
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Originally Posted by cosine View Post
Because a LEGITIMATE collector would NEVER threaten to garnish wages before having an actual judgment in place....

There, fixed it for you.
But they might lead you in to making that statement for them. Lord knows I have often enough.

"One last thing, do you have attorney information you would like to provide at this time?"
Debtor- Why would you need my attorney information?
Why do you think we need your attorney info?
To sue me and garnish my wages
Is that what you want to happen?
No.
Ok, now read me the first set of numbers on the bottom of your check starting from the left...

DC
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  #9  
Old 06-24-2009, 09:07 PM
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Originally Posted by debtcollector` View Post
But they might lead you in to making that statement for them. Lord knows I have often enough.

"One last thing, do you have attorney information you would like to provide at this time?"
Debtor- Why would you need my attorney information?
Why do you think we need your attorney info?
To sue me and garnish my wages
Is that what you want to happen?
No.
Ok, now read me the first set of numbers on the bottom of your check starting from the left...

DC
Sounds legitimate to me. Of course my standard advice is to provide no information whatsoever over the telephone ... not attorney info ... not check info ... not CC info ... certainly not an SSN.
  #10  
Old 06-25-2009, 12:30 AM
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ans

Quote:
Originally Posted by Some Random Guy View Post
They are under no obligation to accept partial payment or to have a payment plan that you decide how much you can pay. The mere fact that you are in this situation shows that you failed to pay as agreed twice - once when you defaulted and got your car repoed and once when you did not pay the deficiency balance.

It sounds like they plan to sue you and get a judgment for the deficiency balance, plus interest and fees. This could be much greater than the original $1200.

I am not sure what defense you would have in a lawsuit oter than a possibility that the debt is too old - the statute of limitations in AZ in 6 years for contracts. If they do sue you then you need to look carefully at the dates of the suit and of your original default.


I got a paper sent to my job and my job sent it to me stating I was going to get garnished $50 biweekly. Then that is when I called that lady and she said she would see me in court I don't understand what was going on? But I am willing to pay them $50 biweekly. I dont know what to do? who I need to go to? She wants me to pay $500 a month!! ughh
  #11  
Old 06-25-2009, 12:32 AM
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Quote:
Originally Posted by Some Random Guy View Post
Yes, they may have a judgment against her due to the garnishing comment, but they may not due to the "NOWAY I WILL SEE YOU IN COURT!" comment.

But, if they readlly had a judgment, then why are they discussing garnishment with her instead of just doing it?

cocoflores: Were you already sued over this debt?

no I havent been sued Im guessing that is what they are looking for??
  #12  
Old 06-25-2009, 12:42 AM
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What was on this paper your employer got? Does it identify a judgment and what court issued that judgment? If not, be sure to inform your employer that it is fraudulent and that you will hold them legally accountable if there isn't a legitimate garnishment order from a court.
  #13  
Old 06-25-2009, 02:07 AM
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Quote:
Originally Posted by Some Random Guy View Post
Yes, they may have a judgment against her due to the garnishing comment, but they may not due to the "NOWAY I WILL SEE YOU IN COURT!" comment.

But, if they readlly had a judgment, then why are they discussing garnishment with her instead of just doing it?

cocoflores: Were you already sued over this debt?
yea it is weird....
  #14  
Old 06-25-2009, 02:10 AM
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Quote:
Originally Posted by cosine View Post
What was on this paper your employer got? Does it identify a judgment and what court issued that judgment? If not, be sure to inform your employer that it is fraudulent and that you will hold them legally accountable if there isn't a legitimate garnishment order from a court.
it says answer to garnishee earnings-continuing lien
then they have my sons name on it as husband and wife??
it also has a paper request for hearing
  #15  
Old 06-25-2009, 05:28 AM
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Get the paper and tell us exactly what it says (leave out all identifying information such as names, addresses, etc.).
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Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
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