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garnishment

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S

skyestruck

Guest
What is the name of your state? florida
I have a judgement on a school loan from over 7 years ago. I have been making payments according to my verbal agreement with them. I received a telephone call yesterday stating that my regular payment was not enough money and that I must pay $160 more a month than I currently pay. I explained that I am a single parent and full time college student and that it would put me in great financial bind to pay more. I was then told that they would put a garnishment on my paycheck. Can they legally do this since I make regular payments? I am not behind on my payments!
 


Jeter

Member
I don't understand where the verbal agreement part comes into play. A judgement is a final ruling and it is ultimately put in writing. The terms of a judgement cannot be changed on a phonecall. A new judgement must be passed.

With the limited info you gave I can only guess that the judgement was originally for $160 more than you are paying and the plaintiff verbally agreed with you to accept less, given your situation. It is at their discretion at any time to terminate any verbal agreement with you and demand that you abide by the amount stipulated in the judgement.

Do you have a copy off the judgement with the stipulated terms?

Jeter
 
S

skyestruck

Guest
As far a I know, there is not a set dollar amount to be repaid every month in the judgement. I have never seen the judgement as they evidentally sent it to my ex and he never said anything to me about it (it was over 7 years ago). The Lender is SUPPOSED to be sending me a statement stating what they want me to pay every month. I haven't received it yet. I also received another telephone call this morning and now they are saying that they will have me arrested if I don't pay the amount that they want.
 

Ladynred

Senior Member
Arrested ??? That's pure bull !! They can't have you arrested for not paying them what they're demanding.. they're trying to intimidate you to force the money out of you. Call their bluff and tell them that by making statements like that is a violation of the FDCPA and you will SUE THEM if they continue to do so !

Go to www.ftc.gov, then Consumer Protection, then Credit ,and look for the Fair Debt Collections Practices Act (FDCPA). Read up on it and learn your rights and their limitations.
 

Jeter

Member
LOL! Arrested- that's a good one. So I guess you'll get pulled over for an illegal lane change one day and then get dragged into a cell with Manson for that school debt you failed to satisfy.

I have a very strong feeling that there is no judgement. I think they are using the term freely -and, oh- illegally! A judgement has definative guidelines and an exact payment amount. It is not issued by a CA, it's issued by a court, usually via certified mail.

Jeter
 
S

skyestruck

Guest
I was directed to the Student Loan Ombudsman Office.
I found this number on the back of one of my other
student loan statements.
They were very heplful (and free!) They said that the
threats are just threats. They are just trying scare
tactics! If they do try to garnish my wages then I can
dispute it under a hardship law. If the garnishment
is NOT approved then the Lender can not do anything
else and they CAN NOT throw me in jail!

Thank you everyone for your advice!
 
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