I just got a notice in the mail that my wages are to be garnished for a judgement that Capital One obtained on me in November, 2002 for the amount of almost $12,000.00 that I had no idea about. I have been almost incapacitated for the last two hours in total shock. I had no knowledge of this judgement. Besides filing a bankruptcy, which really doesn't appeal to me at all, is there any other recourse other than that or to just pay it? The interest alone is almost $8,000.00! Needless to say, the wind has been knocked out of my sails over this. I feel shell-shocked and victimized. My husband is going to be freaked. I don't know why this has not shown up before on a credit report with my Social Security number when we've re-financed our home twice and when I've obtained numerous lines of credit. Any insight would be appreciated.
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Hi Tee,
First I would check to see what the SOL is in your state if it has past. They can not collect from you and you would need to send then a letter saying just that. If it hasn't then send them a debt validation letter certified asking for proof to verify that it is your debt. If they can't send you anything to verify that it is your debt then you can dispute it with the CA and have it removed.
Hi, I do not believe the SOL will come into play here. Once a company files suit the SOL stops. So if they filed suit in 2002 they stopped the SOL at that date. Now I do not know if there is an SOL on how long a company has to inact collection on a judgment. I definatley would be visiting the courthouse and asking some questions to see if they could help out on this matter. There are also some really good knowledgable people here that may know that answer. You could also visit the avvo.com website where you are free to ask legal questions. Good luck.
Hi Tee,
After you have received a notice from the court stating that you wages are going to be garnished, you have 30 days time to reply to this or dispute this. So you have to be fast. I would suggest you to reply to the notice placing your point that you had never received any intimation before that the creditor wants to sue you. Followed by this you might have to file a motion to vacate the judgment stating appropriate reasons for your request. You might also call the creditor and negotiate with them regarding settling the debt.
If the debt is past the SOL I would first file to a dispute with the court. If you have any records showing that this debt is as old as you say (an old credit report would be good) then I would provided them to the court or the judge. The creditor is suppose to inform you that you are being sued. Did you recieve any paperwork from the creditor or courthouse informing you of the upcoming court date? If so never disregard this. Even of you owe the debt and it is with in the SOL you want to make sure you appear. If not they will issue a default judgment against you.
I have a $6000.00 judgment and the law office has lowered (after much argument ) to $3300.00. I wonder if i keep at it HOW LOW WILL THEY GO? Is there a rule of thumb. like 25 % of the original amount ? By th way they can't take money from any place else from me- like wages etc. please advice