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I received a summons that says I have 30 days to file an answer. I assume that I will get a court date after I file. It is a valid debt and I have tried to make payment arrangements with the CA but they refuse. I'm afraid that when the judgment goes against me they will try to garnish my wages. My employer will fire anyone on the spot if wages are attempted to be garnished. Do I have any hope with the judge if I tell him/her that? If I lose my job then I can't pay the debt. Do you go to court and if it's a valid debt do they just allow the CA to do whatever they want?
rck, Hello and welcome. You do need to file a response as soon as possible. You will be able to speak your part at the hearing in front of the judge. Let the judge know you have no problem claiming ownership of this debt and have tried to resolve it several times. As far as attaching your wages that may not be a choice you can make. The judge will decide on that. Employers are not allowed to fire an employee over a single wage attachment. I believe if there is mroe than one they can let an employee go but not one only.
Thank you very much for your input. I am so happy I stumbled upon the site. All of you with your knowledge provide a great service that is much appreciated. Thanks again.
Do you think it is a valid debt? Is it a collection agency or the original creditor? If it a collection agency and depending on the circumstances, I would fight the hell out of them. It is not very often that they have all the paperwork needed to prove they own the debt. It has to be in the original contract on how the original creditor can dispose of the debt in case of default. Do you have the original contract?
I think you will be fine!
You need to expalin it to the judge and probably the Judge can help
Hi rcknrbn,
No, the court will never allow the CA to do whatever it wants, be assured about that. Reply to the summons ASAP. When you appear at the court, you have a fair chance of telling the judge about your difficult situation and refused efforts on debt settlement. Why are you thinking so negatively at this point? The judge might give the verdict in your favor. Even, if it does not happen that way, and a judgment is passed against you, your employer will not be entitled to fire you only for one wage garnishment instance. The Federal Law does not allow it.