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Cash advance company won judgement cause I was in prison Now what

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sonik801

Junior Member
I borrowed 200 dollars in 03-11 and went to prison at the end of that month and got served papers while in prison for small claims court that december. I obviously couldnt make it so they got a default judgement against me now for 881.00. I just got out of prison 08-12 and got a job last week and called the company to try to work out a deal. I was dumb and told them where I worked now I am afraid they are going to setup garnishments. Do they have to go back to court to get approval to garnish or since I got defaulted they can already do it? I am going to tell them i will pay back 450 dollars at 50 a month but I have a feeling they wont do it. Can anyone offer me advice on this, I am already paying child support plus back child support and if they garnish my check I will have nothing. I know I owe them but 880 dollars come on. This is in utah

Thanks,
 


sonik801

Junior Member
Did you not read the post. I was in prison and unable to pay them. I fully plan to pay them, even double + court costs but 880 is just absurd.
 

sandyclaus

Senior Member
Did you not read the post. I was in prison and unable to pay them. I fully plan to pay them, even double + court costs but 880 is just absurd.
Absurd or not, it's what you now owe. Once the creditor obtained a judgment, that validated the full amount awarded to them. Once that happeed, your ability to negotiate and settle for a lesser amount went right out the window.

You have a choice - either negotiate a more appropriate payment arrangement, or face that garnishment. The good news is that they can only take 25% of your wages at a time.
 

dcatz

Senior Member
OP – If you’re still reading

With increasing frequency, I give kudos to members who try to assist posters and question the relevance of members who seemingly post for self-indulgence. You’ve seemingly enjoyed one of each and, while sandyclaus is informative, I wish FA put a “finer point” on some responses (or that you were more self-directed). Allow me to explain.

The actual garnishment rule for Utah is as follows: the first $142.50 of disposable weekly earnings is exempt from garnishment in Utah. The maximum amount of wage garnishment can be figured out through one of two methods. The maximum that can be garnished is, in fact, 25 percent of disposable income for the pay period, or else the amount earned in the check that is above 30 times the federal minimum wage. Whichever one is a smaller amount is the maximum garnishment allowed in the state of Utah. And you permitted judgment to be taken.

Have you confirmed that service was proper under the circumstances? Did you waive a right to appear by written Declaration (?) (if so, that’s on you). Did you fail to try to negotiate when served (?) (if so, again on you). Did you fail to investigate any other rights or recourse that you ignored, because you must have had the time and resources. If so, “whoa is me” doesn’t lie”. When I started posting on FA, I answered these questions as well as asked them but I’ve concluded posters are frequently lazy about their responsibilities.

Still, are you aware that garnishment on a contract life has a finite Utah time limit of 6 years. Does it matter before that time?

In real life, I work the creditors’ side of this equation (commercial creditors so add a couple of zeros to your problem), but somebody came to me concerning a problem like yours. They had had two bankruptcies, were not working at a job that was going to provide enough income to be garnished and were never going to regain a laudable credit rating. All in all, a very sad situation but not one to have a life ruined further. I helped them make the only reasonable offer that was viable and, when it was rejected out to hand, helped them stipulate to judgment. Who cares? That you’re in a bind doesn’t mean the creditor isn’t stupid. If things may be better in your future, negotiate hard, give them a reason to accept a bird in the hand or pay.

If any of this resonates for you, investigate any remaining options, make the offer that you reasonably can and then let the dummies pound sand.
 

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