Hi Everyone!
I just found this web site. I wish I would have known about it sooner. I have a couple of questions and I hope someone can help. I did have good credit until my fiance went to Iraq for a year. This was when I couldn't keep up, and we also have a bunch of children. My vehicle was repossessed in 12/06 (I never thought this would happen to me). The balance after it was auctioned was approx. 4,500. I never paid this debt and now I found out there is a judgement against me and there is a restraint on my checking account. This happened four days before Christmas. I called the law firm Rubin and Rothman and spoke with a women who wasn't a lawyer. She talked so fast and was so rude. She said I now owe 6,833. and my wages are going to be garnished. I asked if she could send me a break down of the bill. She said it is court fees and interest and that is all I will see on the paper. She said I had until Mon. 12/29 or she is going to notify my job. I spoke with her on 12/26. This woman also said that I will continue to pay interest of 9% until the bill is paid and I can thank my congress for this. I suggested that maybe I should speak to a lawyer myself and she said that if I speak to a lawyer that a payment arrangement is out of the question and my employer will be notified. She needs me to fax my paycheck because 10% will be taken out of my bank account. I am a per diem nurse and my checks are always different. If anyone can suggest anything I will be so grateful, because I feel bad enough already about this debt and losing my vehicle but I will be so ashamed if my employer finds out. She said she sent papers already but it won't take effect yet. Thank you for any help!!!!
Forums
Usually a creditor cannot garnish your wages and bank account at the same time. If the creditor has brought judgment against you to garnish your checking account, he cannot garnish your wages. For wage garnishment, a separate judgment has to be brought against you and the court may not issue a judgment to garnish both your wage and bank account. If your wage is garnished, the creditor cannot garnish more than 25% of your disposable income.
After the creditor has brought judgment against you, he will send this notice to the Marshall. This is known as income execution and you will get 20 days from the Marshall for coming to a voluntary repayment agreement. If you don not respond within this period to the income execution notice, this notice will be send to the employer who will be sending 25% of your net income to the Marshall. So when you receive the income execution notice, you can come to a repayment agreement to avoid wage garnishment.
Thank you Justin and Carol for the replies. I called the Law firm/CA this evening to try to agree on a payment plan. I have been reading a lot on this web site, and there is so much information and support. Can I ask for a validaion letter? Can I be charged interest the entire time I am repaying this debt? I just want to know if I have any rights before I agree to have payments taken out of my checking account. Thanks again for any help!!
The woman I spoke to said that the interest will go up and down.
The first thing I would wonder is was your fiancee who was deployed on the loan too? If so, then they can not take any civil action while he is abroad at war? They also can not charge intrest while he is over there. Look up the soldiers and sailors act if this is the case.
secondly, you can always ask for debt validation.
third, get everything in writing, payment plan etc.
Lastly, I would contact your states attorney generals office about this matter, I don't know what state you are in but Pa works very quickly. They should step in and help you out as far as what is legal and what is not. You did not say what state you are from so I don't know what else to tell you at this point.
I think that they are using a scare tactic on you, I have one that is almost 2 years old, they served a summons and I requested debt validation from them, It was a collection agency that was using a law firm to try and collect the debt. Becareful on what you agree to, I would not agree on anything until I spoke to the attorney general and let the Attorney generals office speak to them on your behalf then they will treat you like a human being instead of being jerks.
Thank you for your response. I live in upstate N.Y. I am in the process of setting up a payment plan. They put a hold on my bank account. My bank charged me 75.00 and I had 60.00 in the bank and I signed that off to the law firm/CA to free up my account. I understand I have a debt to pay, but I don't want to be taken advantage of either. Is it legal to have this lady I am dealing with fax me a validation letter? Is it also legal to set up a payment plan and have that faxed also? It is just killing me that she said I will continue to pay 9% interest until this is paid off, and this interest can go up. I am being charged close to 2,000.00 over the debt from when this firm/co. first received it. I read somewhere in the past that after a year you cannot be charged interest any longer. Am I still being charged interest to this day because of a judgement?
I forgot to add that my fiance was not on the loan. It was only in my name. Does anyone know how I get in touch with my state's attorney gereral? How do I this and what do I say? Sorry so many questions........I'm just not experience legally..........
O.k. only one last question this evening.............Can I ask to have it in writting that when this debt is paid that the firm/CA send it in as "paid as agreed" I have been reading up on this very helpful website. Will they do this?
Rubin and Rothman payment plan
I have a judgement against me from Rubin and Rothman, i had moved a few times after 911 and I never received any judgment notice until I got a judgement from the court years later. I contacted Rubin and Rothman and have been paying since 2007 however there were times I were late and contacted them and they told me it was ok. I called to make a payment and the guy I spoke with told me that I was late so therefore they needed all my work info and I better hand it over or else they would garnish my acount. I told them that I have been paying and that when I was late I called ahead and notify you. Can they garnish my wages although my last payment today was recent?
Hi Vicki
Yes, a creditor can garnish your wage or your bank account only if he is able to bring judgment against you. If he is successful in bringing judgment to garnish your wage, you will receive a notice from the sheriff that your account will be garnished. On receiving such notice, you will get some time by which you need to reply to the sheriff. If you come to repayment agreement and pay it off then its OK, else the sheriff will send a garnishment notice to your employer.
Bank Account Judgement & Wage Garnishment
Anyone here know if this is possible. We have a joint account. The creditor put a judgement on a joint account. I have not spoken to the creditor because I do not have any money to pay anything at the moment to be able to make arrangements. So the money has been in the bank and we have not been able to touch it. This last month the same credit began garnishing my wages. The small amount of wages I am earning, but still they are taking this money from my paycheck. Now is there still a hold on my bank account? Can they hold that money and still collect the full amount from paycheck too? Any information in regard to this would be appreciated
Judgements
If I am unable to make a payment to a bank for a loan how quickly can they place a judgement on me?
The creditor can sue you to the court anytime within the statute of limitation period. The creditors mostly consider a debt as a bad debt if you do not make any payments towards the debt for a continuous period of six months. However, if you become delinquent and the creditor does not sue you and bring judgment against you for the debt within the SOL, they cannot legally recover the debt.
so if a judgement was set against you by a collection agency for a car repossesion, does that make it lega? does that 25% apply to all states. the judgement was filed in nyc but i live in dallas, tx
Hi cassie
From what I can understand your creditor has repossessed your car for defaulting on your loan?
Well, after repossession the agency will try to sell off your car to get the value you owe them. If they sell the car for a lesser value than its actual worth, then the creditor can sue you for a deficiency judgment. A deficiency is the difference between the actual value of the loan and the value for which the car has been sold. You need to go to court upon judgment summon and may defend yourself there if you think you can be defended.
garnishment
My employer received a garnishment from a creditor regarding my daughter who had a child and was living on her own. My daughter didn't have any insurance and medicaid was supposed to pay the bill. Well they didn't and the hospital is now suing me, anyway, my wages cannot be garnished because I am under poverty level already. So I received a notice that my checking account has been garnished. The only thing I deposit in my account is paycheck. How does this work? How can they garnish my checking account when the only money I have coming in is my pay check and as I said before I am below poverty level.
Judgment
I have a New York Judgment against me but I don't know who's it from. The only thing that I have is the dock number and I need to know if someone knows how to find out about more about this judgment only with the dock number that I have. Need some information.
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Account restraint
I have had my checking account frozen by a law firm that is representing a creditor I owe money too. This is a result of a judgement for a loan. I received no notification of this action until I tried to use my debit card and found out the hard way. I contacted the law firm and they won't budge. Thet say they are taking everything in the account in about 3 weeks. I underwtand I incurred this dabt and am more than a little embarrasssed I didn't take care of it earlier. What are my rights? Do I have any. I was told by the law firm that even if i make payment arrangements, they will not be returning any of the money in my account.
Help!!!!
GARNISHMENT
I HAD PAID A OLD ACCT WITH SEARS 11 YEARS AGO OF 150.00 AND KNOW THEY ARE TRYING TO GARNISH MY CHECK THEY PUT A HOLD ON MY BANK ACCOUNT... AND KNOW IS ALMOS 3,000!!! I DONT KNOW WHAT TO DO THIS IS INTREST OVER INTREST
Wachovia Refuses to Close Account
A collection agency recently obtained a court order --for which I was not served---to place a restraint on my checking account. The account is also a joint account with my wife. The agency took a $100 out of the account which Wachovia classified not as a debit charge but a "processing fee." I was never served about this court order, have no knowedge of the collection agency/law firm, and I have requested twice that the account be closed. Wachovia claims they cannot close the account until I settle with the collection agency. Any advice?
bank garnishment
can they garnish my bank account if i have a joint account with someone who is not my spouse
Bank garnishment
Can you please tell me what I can do? I just found out there is a garnishment on my bank account and I defaulted on a car loan almost five years ago. I lost my job over 2 years ago and I am a substitute teacher and can truly not pay the bill. I do not own a car or a house and have a very low income. I don't know what to do since my account is frozen I can't even buy groceries. Please help me.
Reply
Hi Jerry:
As far as I understand, the collection agency can go for any person related to the debtor to collect their dues. As you have a joint account, I think they can garnish your account.
Elizabeth:
What you can do is contact your creditor or collection agency and request them to agree to a settlement. A settlement lowers the outstanding debt amount by 40-60%. You can make a copy of your monthly income and expenditure, and attach it with the settlement letter. Mention that you are willing to pay the debt, but will be unable to pay the high amount as you are into a financial problem.
Hope this helps.
Regards,
Aaron
Judgment and checking accounts.
I received a judgment in court today. How fast can the creditor take money out of my checking account and do they need to get paperwork for that.
judgment and garnishment
Hi Noelle,
As you have already been served with the judgment, you may not receive any other notice regarding the judgment. There is no such rule which requires the creditor or collection agency to provide the debtor with the notice of garnishment, when the judgment has already been served.
As for when they can start garnishing your account depends totally on the creditor or the collection agency itself.
Thanks,
Aaron
checking acct levy
I have a judgement and the bank has put a hold on $3000 in my acct if I can pay this how soon is the hold released I really dont know what to do
checking account levy
Hi,
As soon as you finish paying off the dues, the hold on your bank account will get removed. However, before you can start making the payments, you can get the agreement in writing that your account will get reported as "Paid".
Thanks,
Aaron
bank account garnishment
My husband is deployed at this time we have a civil judgement against us they took every penny of his check in a non earning garnishment and left me know way to pay our bills is this legal. What can i do to keep them from doing it everytime and i not able to pay my bills again.
Judgements on my house
I live in texas and 15 years ago I went through a divorce and took my boat back to the bank. Just last month I tried to refinance my house and the other bank that was going to refinance my house told me they couldnt do it because there was a judgement on my house. I didnt even know they had done that. What steps can I take to get this judgement off?
s.s. check
can they put a hold on your checking account if the only money going in is your s.s. check
garnishment
Hi tamra:
You will have to avoid depositing the money in that account. However, can I know what kind of debt is it? If you negotiate a payment agreement with the collection agnecy, they will stop garnishing the account. Get the agreement in writing.
danosaenz
You can file a motion to vacate the judgment. The creditor or collection agnecy is required to serve you papers regarding the judgment, else you can file the motion to vacate the judgment.
judy
No, your Social Security income cannot be garnished. However, you will have to notify the bank and the creditor or collection agency about this. Garnishment laws also vary according to states. You therefore need to check out the garnishment laws in your sttae.
Thanks,
Aaron
Bank Hold
My account was restrain by the courts this week but in to I am able
To work this out is there any way I can have account at all maybe a
Out of state or online account.
bank hold
Hi cpaige,
Can you be more clear on what exactly do you mean by
My account was restrain by the courts this week but in to I am able
To work this out is there any way
You need to provide more details on this.
As for
I can have account at all maybe a
Out of state or online account.
I have answered to this query at http://www.creditmagic.org/debt/filing-bankruptcy.html#50098 .
Hope this helps.
Regards,
Aaron
judgement
I am retired recieve only social security & small pension. I recieved summons to appear in court. Other wise a judgement would be placed on me in 10 days. Can they take my join acct with my wife in judgement & with draw all monies owed creditor?
judgment
Hi Robert,
In such cases of judgment it is better to remove names from joint accounts. However, Social Security and pension are nit garnishable.
Thanks,
Aaron
credit card debt
I am being draged to court over 2,000 debt. I tried to stop this action, by sending a certified letter stating I would pay x amount right away as soon as I heard from via mail. they did not respond. so therfore I guess I have to go to court. what does it mean when they did not answer me?
Hold on joint bank account
I reside in Florida and a few days ago a collection agency place a "hold: on my bank account. The point is , that it is a joint account with my wife and only my name was on the court papers. Can they hold the money of my wife also ?
judgment
how could i find out about a judgment only with the dock number that i have?
Bank restraint
Is there a statue of limitations on loans. I had taken out a loan in 2000 that I did satisfy but I thought after 7 years I do not need to save my papers. I actually only got rid of it about 1 1/2 years ago. I did not think I would need the proof of satisfaction any longer. On my credit report it was listed as charge off and closed so I thought it was fine. Well I just found o ut they put a restraint on my bank account for this. I do not know what to do - I do not want to pay this again. Please I am open for all advice. Thanks in advance.
bank restraint
I received a call from an investigator this afternoon who notified me that a restraint would be issued against my bank account by some collection agency. I will respond on Monday...What does that mean and what can I expect or not.
Thanks
Commercial foreclosure
I have a commercial property in Michigan which has all but been destroyed by the tenants due to eviction. I cannot make payments because there is no income from this property. There will probably be a foreclosure.
How can i protect my bank accounts, vehicle, and other assets.
Can I get new bank accounts with only my wife's name on them.
Can I put my sons or daughters name on a vehicle which they paid for but the title was in my name.
Can I make my wife the owner of those vehicles?
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sCTFiS Very neat post.Really thank you! Want more.
bank account
I have a judgment on me and my bank was sent a letter from the court a few months ago. There was no money in the account though. If I start to use that account will any deposits just go to the creditor?
Judgement
I received a letter from law firm for a loan debt stating judgement for default has been granted. I have two questions. What happens now I received letter from law firm stating their default judgement was granted? Do they automatically start taking money from my account or do I receive another notification from the court to inform of the judgement? Also can they take money from a child's bank account which my name is also on? The child savings account is labeled a youth savings account.
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