garnishment after made a payment plan and never miss a payment

[josejusino]

undefinedWhat is the name of your state?TN
Last year a got sumons for an off set account dated 1995. I made payment arrangements with the collection agency(8/2004). In the last year i was late one time on my payments(4/2005), talked to them and they accepted ro waitr. On 7/11/2005 i got served with a garnisment on my wages. i was not behind on my payments. Last payment made was7/7/2005. and the garnisment was issued the same day/
What i need to do? Should I contact the court clerk? I have all the receipts of payment made to them.
Could them garnish my wage after the arrangement I have with them.
Please advice ASAP

 

[Veronica1228]

undefinedWhat is the name of your state?TN
Last year a got sumons for an off set account dated 1995. I made payment arrangements with the collection agency(8/2004). In the last year i was late one time on my payments(4/2005), talked to them and they accepted ro waitr. On 7/11/2005 i got served with a garnisment on my wages. i was not behind on my payments. Last payment made was7/7/2005. and the garnisment was issued the same day/
What i need to do? Should I contact the court clerk? I have all the receipts of payment made to them.
Could them garnish my wage after the arrangement I have with them.
Please advice ASAP

If the CA was able to garnish your wages then they had a judgment to do so. It sounds like they made payment arrangements with you as a courtesy. They were under no legal obligation to do so. It doesn't sound to me like they did anything illegal. There's not much you can do at this point.

 

[Ladynred]

Actually, in TN what happens is that when you get sued and agree to payments, you sign a 'consent to judgment', meaning they get their judgment regardless. It isn't enforced until you miss payments, then they are allowed to pursue other enforcement measures, like wage garnishment.

If your 'agreement' was thru the judgment creditor, then you still have another option. In TN you have the option of what they call 'slow pay' thru the COURT. You must file a Motion to Quash the garnishment and file the paperwork to apply for 'slow pay'. What happens is the court determines what you pay and you make your payments to the court in lieu of garnishment. Beware though, if you are late or miss even 1, they take you off the slow pay agreement and you're back to garnishment. If something happens and you know you'll be late, you MUST call the court and explain it, otherwise there's no mercy whatsoever.

My guess is you were late once, and they can probably get MORE money by garnishing your wages, w/o interruption, than what your payments were.

 

[josejusino]

Actually, in TN what happens is that when you get sued and agree to payments, you sign a 'consent to judgment', meaning they get their judgment regardless. It isn't enforced until you miss payments, then they are allowed to pursue other enforcement measures, like wage garnishment.

If your 'agreement' was thru the judgment creditor, then you still have another option. In TN you have the option of what they call 'slow pay' thru the COURT. You must file a Motion to Quash the garnishment and file the paperwork to apply for 'slow pay'. What happens is the court determines what you pay and you make your payments to the court in lieu of garnishment. Beware though, if you are late or miss even 1, they take you off the slow pay agreement and you're back to garnishment. If something happens and you know you'll be late, you MUST call the court and explain it, otherwise there's no mercy whatsoever.

My guess is you were late once, and they can probably get MORE money by garnishing your wages, w/o interruption, than what your payments were.

thanks for your input/