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  #1  
Old 10-10-2006, 04:42 PM
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Join Date: Oct 2006
Posts: 1

settling after wage garnishment


What is the name of your state? CA

Do I have any recourse if a judgement has been issued to garnish my wages and now has started? The collection agency has tacked on over $2000 in interest and fees on an original credit card debt of $7300. Can I try to settle with them for the original amount? Is it advised to handle doing this myself with them? I intend to pay off the original debt, but not the fees and interest they've unfairly accumulated.
What strategy (ies) should I try with the CA to get them to agree to the original amount of the debt?
  #2  
Old 10-10-2006, 04:59 PM
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Posts: 126
Quote:
Originally Posted by apa1972 View Post
I intend to pay off the original debt, but not the fees and interest they've unfairly accumulated.
Why do you believe the fees and interest was unfairly accumulated? I assume that payments weren't made in time, therefore the fees and interest were added on to the original sum.
  #3  
Old 10-10-2006, 08:00 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
They have a judgment against you. You can try to negotiate, but since they can sieze your wages, your bank accounts and make a grab for assets as well as place liens on your property, you may not get very far. The judgment also includes all attorney's fees and court costs ON TOP of what you owed. The interest is not 'unfair', it is written into the credit card agreement that they are allowed to continue to charge you interest at the default rate - which is usually nosebleed high. You didn't pay, the clause kicked in.. you owe it. In addition, the judgment itself is accruing interest while it goes unpaid, so it's not going to get any smaller.

You CAN appeal the garnishment, it might get you a court hearing, but unless you can prove it's causing undue hardship, you're not likely to prevail.
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