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#1
08-30-2009, 05:47 PM
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 stopping garnishmentWhat is the name of your state (only U.S. law)? Maryland. A few weeks ago, made I the effort to address a judgement against me. I've been systematically paying off the debts on my credit reports for a year. This property mgmnt Co., says they served my parents the papers at my home inD.C, only my parents have not been there since the March on Washington with Dr. King. The law clerk even told me the name of the person they gave it to. It's not either of my parents. I told them they were mistaken and that I would get a lawyer to handle this. I just got a letter from my payroll dept. that they were garnishing my wages to the tune of 25%. Can I stop this, so that I can work out something that won't cause so much hardship? Last edited by verbatim; 08-30-2009 at 05:49 PM. |
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#2
08-30-2009, 05:59 PM
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(even if it was improper service they're going to serve you again and you'll still be garnished)
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#3
08-30-2009, 06:32 PM
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stop garnishmentI have no idea. |
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#4
08-30-2009, 06:53 PM
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Nah, if he decided to go to court to get the judgment vacated the attorney for the plaintiff would ask to the court for OP to answer the complaint and submit to the jurisdiction of the court which is generally granted. If you get the judgment thrown out, any settlement with them for like a monthly arrangement would have to equal 25% of your paycheck or why would they not garnish you again? |
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#5
08-30-2009, 08:07 PM
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| I don't know the answer to that. My thinking is that if I never got served- and I did contact them about payment- then I should only be liable for the original amount. You know? No penalties or fees. |
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#6
08-30-2009, 08:45 PM
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Well either way if you fight it, you will be sued for the debt again. And in the complaint they are going to seek a judgment for statuory interest and fees from the date you owe the debt. Would be nice if we could all just pay our bills whenever we want on our own terms, with no financial consequences. Just not how the world works. |
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#7
08-30-2009, 09:52 PM
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You made a promise to pay according to their terms; if you don't hold up your end of the agreement they have every right to charge you penalties and interest. They are under no obligation to accept any other proposed payment arrangement.
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#8
08-31-2009, 08:13 PM
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| I apologize for any misunderstanding. I had no agreement in place at all. When I moved it was because I lost my job. I told them this and they told me to give them a letter ( notarized) stating this as the reason for having to break my lease. I was told to submit this letter 30 days before I left, which I did. They have since gone out of business and sold the accounts to an agency. It was THEY that I called to get the exact amount and breakdown of my debt. When I found the information to be shaky, I told them I'd let my lawyer handle it. Before he could act, I received the garnishment. |
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#9
08-31-2009, 08:32 PM
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You lost your job and on their instruction gave them a letter stating the reason, yes? Did they actually tell you that they would forgive the remainder of the lease in exchange for this letter? What exactly did they tell you about the amount of the debt and their expectation?
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#10
09-01-2009, 07:49 AM
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| Yes they did. They told me that I was being charged for 3 months rent (twice). This judgement appears twice on the credit report and I thought one was for lawyers fees. She said that this was not so and that I was responsible for both amounts. Three months rent AND removal of food from the fridge. |
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#11
09-01-2009, 04:18 PM
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Did you ask for a breakdown of the charges? (it is looking like you're going to be on the hook for all of it so far)
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#12
09-03-2009, 11:23 AM
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wrongful garnishmentGarnishing without jurisdiction is probably illegal in your jurisdiction. You can probably sue them for that. In Missouri garnished funds are first taken by the sheriff, I think, and you could attack the jurisdiction in the sheriff's department. But usually the lawyers will release a wrongful garnishment if you talk to them. |
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#13
09-03-2009, 02:02 PM
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Where does jurisdiction come into play? And having funds returned is that simple?
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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