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Old 02-04-2009, 04:01 PM
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Unhappy

judgement against my husband iowa


What is the name of your state (only U.S. law)? iowa
My husband got served on 1/29/09 a judgement that he has to either agree to pay or disagree and go to a hearing and let a judge decide. It is stemming from an owi he got in 2003, He didn't finish his probation and in 2005 got put back in jail for a violation. They ordered him to complete a chemical dependancy class for part of his probation. So he did complete the course and graduated (or however you want to say it) from it after 2-3 months.
So now he receives the judgement for $3607.00 and it says he has 20 days to agree or decline and so forth. I called a lawyer last night for advice but still have many questions:
can and will they garnish his wages? How much if they do? Can they garnish mine? Can they garnish our income tax refund? Should he agree to it and let a judge decide if we are eligable for a payment arrangement? Should i call the lawyer representing the collection agency and see if we can settle this outside court?What is the name of your state (only U.S. law)?
  #2  
Old 02-04-2009, 05:43 PM
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Join Date: Jan 2008
Posts: 340
can and will they garnish his wages?

Ans: They can...can't say that they will
How much if they do?

Iowa has complicated garnishment rules. If wages are over 50K per year, it is 10%.

Can they garnish mine?

Not unless you are named as a judgment debtor

Can they garnish our income tax refund?

Yes

Should he agree to it and let a judge decide if we are eligable for a payment arrangement?

No
Should i call the lawyer representing the collection agency and see if we can settle this outside court?

Yes, but it appears that your only leverage is that you are willing to make monthly payments in exchange for them not having to go to trial. You'll need to commit to a good size payment with a reasonable down payment to entice them.

What is the name of your state (only U.S. law)?
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