Can they legally do this?

[Mickeyistheman]

*UPDATE*

I got a letter back from the law firm and since they said I did not give "sufficent information" they will not appear in court.

They still want to garnish my wages of course and I will appear in court with whatever I need but I haven't gotten an letter from the court for the hearing. I am so stressed, I can't afford a lawyer so I am flying solo on this and its very frustrating and my fear is that they will win and garnish my wages. If that happens, my life will be over.

Many of my friends who have never been unemployed had never had an issue with money, keep saying "don't get upset they wont' do that to you" Well, yeah they can. I am praying to any God that will listen so they don't but who knows. What upsets me is they got upset when they didn't a raise this year. I don't feel that sorry for you, You don't have to eat Tuna and Raman noodles. You go out to eat all the time and buy new clothes and an IPhone or IPad. Then you complain when you don't get a raise and get annoyed with me because I am going to be living in my car.

I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

 

[hniki234]

If I were you and they took me to court, I would try to get an attorney. I know you can't afford one, but does your state have local legal services offices? They typically offer representation either for free or on a sliding scale (meaning you pay only what you can afford based on your income).

Also, you might check to see if the bar association in your state has a pro bono office. Attorneys are strongly encouraged to do pro bono hours each year. Some attorneys do pro bono work simply to give back. Good luck!

 

[Carly_Roach]

*UPDATE*

I got a letter back from the law firm and since they said I did not give "sufficent information" they will not appear in court.

They still want to garnish my wages of course and I will appear in court with whatever I need but I haven't gotten an letter from the court for the hearing. I am so stressed, I can't afford a lawyer so I am flying solo on this and its very frustrating and my fear is that they will win and garnish my wages. If that happens, my life will be over.

Many of my friends who have never been unemployed had never had an issue with money, keep saying "don't get upset they wont' do that to you" Well, yeah they can. I am praying to any God that will listen so they don't but who knows. What upsets me is they got upset when they didn't a raise this year. I don't feel that sorry for you, You don't have to eat Tuna and Raman noodles. You go out to eat all the time and buy new clothes and an IPhone or IPad. Then you complain when you don't get a raise and get annoyed with me because I am going to be living in my car.

I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

Sorry, but that's just not true. A chapter 7 eliminates just about ANY debt that you put on your schedule. It won't eliminate taxes, child support and school loans, but credit card debt? Puh-LEASE. That's the #1 item that goes on the schedules first.

Get thee to an attorney, even if it's a nearby school, and get the facts.

 

[wdwfan16]

*UPDATE*

I got a letter back from the law firm and since they said I did not give "sufficent information" they will not appear in court.

They still want to garnish my wages of course and I will appear in court with whatever I need but I haven't gotten an letter from the court for the hearing. I am so stressed, I can't afford a lawyer so I am flying solo on this and its very frustrating and my fear is that they will win and garnish my wages. If that happens, my life will be over.

Many of my friends who have never been unemployed had never had an issue with money, keep saying "don't get upset they wont' do that to you" Well, yeah they can. I am praying to any God that will listen so they don't but who knows. What upsets me is they got upset when they didn't a raise this year. I don't feel that sorry for you, You don't have to eat Tuna and Raman noodles. You go out to eat all the time and buy new clothes and an IPhone or IPad. Then you complain when you don't get a raise and get annoyed with me because I am going to be living in my car.

I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

I think you are being over dramatic with the bolded statements. Most who get a house foreclosed do not live in their cars.

IMHO if you go to court without a lawyer you will lose.

Can't you get a second job to make up the $125/.month? Are you married? Does your spouse work? Can he get a second job too?

 

[HelenePA]

I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

Who is telling you this? the credit card companies? Its a scare tactic! Go see a lawyer. Look in the phone book and see if you can find one for a free consultation. Or call the court house and ask if they can help you find free legal help.

 

[Planogirl]

There's also Chapter 13 bankruptcy which sets up a payment plan which is supposed to be manageable for you. I agree, talk to someone besides the collection agencies.

 

[Trentmom]

*UPDATE*

I got a letter back from the law firm and since they said I did not give "sufficent information" they will not appear in court.

They still want to garnish my wages of course and I will appear in court with whatever I need but I haven't gotten an letter from the court for the hearing. I am so stressed, I can't afford a lawyer so I am flying solo on this and its very frustrating and my fear is that they will win and garnish my wages. If that happens, my life will be over.

Many of my friends who have never been unemployed had never had an issue with money, keep saying "don't get upset they wont' do that to you" Well, yeah they can. I am praying to any God that will listen so they don't but who knows. What upsets me is they got upset when they didn't a raise this year. I don't feel that sorry for you, You don't have to eat Tuna and Raman noodles. You go out to eat all the time and buy new clothes and an IPhone or IPad. Then you complain when you don't get a raise and get annoyed with me because I am going to be living in my car.

I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

Yes, you are still able to file Chapter 7.

You need to stop asking them questions. They will lie and say whatever they need to scare you and get their money


I just found this on another website:

WILL MY CREDITORS STOP HARASSING ME?
harassment
Yes, they will! By law, all actions against a debtor must cease once the documents are filed. Creditors cannot initiate or continue any lawsuits, wage garnishees, or even telephone calls demanding payments. Secured creditors such as banks holding, for example, a lien on a car, will get the stay lifted if you cannot make payments.

 

[RachaelA]

*UPDATE*

I got a letter back from the law firm and since they said I did not give "sufficent information" they will not appear in court.

They still want to garnish my wages of course and I will appear in court with whatever I need but I haven't gotten an letter from the court for the hearing. I am so stressed, I can't afford a lawyer so I am flying solo on this and its very frustrating and my fear is that they will win and garnish my wages. If that happens, my life will be over.

Many of my friends who have never been unemployed had never had an issue with money, keep saying "don't get upset they wont' do that to you" Well, yeah they can. I am praying to any God that will listen so they don't but who knows. What upsets me is they got upset when they didn't a raise this year. I don't feel that sorry for you, You don't have to eat Tuna and Raman noodles. You go out to eat all the time and buy new clothes and an IPhone or IPad. Then you complain when you don't get a raise and get annoyed with me because I am going to be living in my car.

I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

Do they have a judgment on you? I think it was asked in this thread but never answered. If they do, and you make enough to meet the qualifications to be garnished then they can and probably will garnish your wages. At least in the state of Ohio (I don't know where you are from) hearing is not automatically set when they file a garnishment. You need to request it (just so you know).

I've seen tons of people request hearings and then say "I can't afford it" and then the judge says "well you make the minimum needed to be garnished. so sorry the garnishment is being put in place."

besides if you don't make enough to garnish. it will go through and then they just won't get anything unless you make enough one month.

 

[Mickeyistheman]

They have already filed the charges or Judgement.

I have been consulting with my cousin who is a lawyer. He keeps telling me not to worry but I am concerned that they will garnish my wages.

I am not married, no children but I live in Northern New Jersey where the cost of living is quite high. I had moved back in with my family when they needed help 3 years ago and now we are losing our home.

So yes I may be living in my car. I don't make alot of money.

For the person that said I am being dramatic....have YOU ever been in MY shoes?

Do you know what its like to wonder where you are going to live when your friends and even family won't help you. Because they too are not in a good place.

In my town alone we have 78 homes to be foreclosed, its not pretty out there. Besides how many people are unemployed and not working.

I haven't stopped paying them, I have been paying them on time and what was agreed upon, I know they want more money *DUH* but I can't pay them what they want each month, I was willing to pay more but not what they were asking for and that was when they put their judgement in on me.

So now, I am freaking out and getting a second job is not that simple for the hours that I work, if a customer comes in at 5:55pm, I have to help them. So If I am supposed to start work at my next job at 630 or even 7pm, I won't get there.

Trust me I have tried it before and they had to let me go because it was not a priority to me, My career does come first, its not just a job. I have been in this business for over 16 years!

 

[Motherofboys]

They have already filed the charges or Judgement.

I have been consulting with my cousin who is a lawyer. He keeps telling me not to worry but I am concerned that they will garnish my wages.

I am not married, no children but I live in Northern New Jersey where the cost of living is quite high. I had moved back in with my family when they needed help 3 years ago and now we are losing our home.

So yes I may be living in my car. I don't make alot of money.

For the person that said I am being dramatic....have YOU ever been in MY shoes?

Do you know what its like to wonder where you are going to live when your friends and even family won't help you. Because they too are not in a good place.

In my town alone we have 78 homes to be foreclosed, its not pretty out there. Besides how many people are unemployed and not working.

I haven't stopped paying them, I have been paying them on time and what was agreed upon, I know they want more money *DUH* but I can't pay them what they want each month, I was willing to pay more but not what they were asking for and that was when they put their judgement in on me.

So now, I am freaking out and getting a second job is not that simple for the hours that I work, if a customer comes in at 5:55pm, I have to help them. So If I am supposed to start work at my next job at 630 or even 7pm, I won't get there.

Trust me I have tried it before and they had to let me go because it was not a priority to me, My career does come first, its not just a job. I have been in this business for over 16 years!

Okay, have they filed a collection action against you or have they actually received a judgment?

You need to get on finding a decent Chapter 7 bankruptcy attorney NOW. Stop waiting, things will just get worse.

Chapter 7 is for people like you, you don't need to be ashamed - you didn't do this on purpose.

It matters NOTHING at all that you have made agreements to pay these collectors, you can have them discharged in bankruptcy. Do it now before you keep throwing good money after bad.

Please, it will save you a lot of stress, grief, and heartache...please call a Chapter 7 bankruptcy attorney on Monday and getting moving on this.

Sending lots of

 

[M5ward]

In New Jersey they can garnish your wages for 10% of gross or 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week. They have to have a judgement and then your employer would withhold from your pay and send payments to a designated court officer. I am an employer (in NJ) and I have had occasion to do this. I am currently paying a garnishment on an employee for credit card debt. Each week I send a check to the superior court officer named in the court documents sent to my business. This employee makes over $600 per week, and I send 10%. That's about $60 per week..you might end up having your wages garnished for less than you're paying now.

 

[Luvchefmic]

I really don't understand...you had SO much advice on your previous thread titled "I can't take anymore"

http://www.disboards.com/showthread.php?t=2484065

yet you continue to make statements like your life is over or you will be living in your car...perhaps if you take a DEEP Breath and re-read all that we told you you will see things more clearly...I pray you will end up having peace with your situation...its NOT as hopeless as you think it is..we ALL have problems...you just have to get through them...that is life.

 

[NatashaDisneyCM]

good luck!

 

[bumbershoot]

I got a letter back from the law firm and since they said I did not give "sufficent information" they will not appear in court.

This makes NO sense. What does your cousin the lawyer say about this?


I also am not able to claim bankrupcty, due to the fact that I already had agreed to make payments with these companies so NOW if I do that it won't matter and I will still have to pay.

As many have said, this is just absolutely not true.

Get thee to an attorney, even if it's a nearby school, and get the facts.

Absolutely.

For the person that said I am being dramatic....have YOU ever been in MY shoes?

People are saying you are being dramatic b/c you aren't listening to people here...people here are telling you the truth, the laws, and you aren't calming down. Yes you're scared b/c the people from this office, this supposed law office, are freaking you out...but they are lying to you in many ways. You've got to get over to the creditboards, tell them what si going on, answer their questions (which will likely be VERY specific), and do what they say! That action will help you calm down.

They are legitimate. I did check into that in first place because of all those scams going on.

How did you make sure they are legitimate?

Did you send them the "prove it to me" letter based on the law that firedancer mentioned? Did they, indeed prove that they hold the CC info now and that they are indeed allowed to get the money from you? Did you tell them "don't call me" and they've honored that?

Collection agencies lie through their teeth. They will say "we can't take that amount, we will only take this huge amount"...but when you send them the small amount, they will cash it. They lie and lie to get you to just send in money...and if you do and you really owe THEM, that's great, especially if you have it in writing that x amount is what you will pay to get out from under them.

But if by chance an agency that does exist is collecting money from you when they don't have the right to collect money from you...that's bad...

So you have to make sure they are legally allowed to get this money from you, and you have to take action. And stop believing their nonsense about "we won't take that amount".

Try to figure out what it means that you didn't send sufficient info so they won't show up (how can they win something if they aren't there?????).

 

[Mickeyistheman]

I do thank everyone for their advice and I HAVE been talking to a lawyer who is my cousin. He has kept telling me not to worry because they won't garnish my wages.

They have asked the court to garnish $217.50 a week. I make $400 a week. So that is a paycheck and then some for me.

THAT is why I am freaking out and now I can probably be fired for it as well. I am sure they can find some way to fire me if my company doesn't like it.

Its a very scary thing that they are going to do this. When I have been paying them, its not that I stopped. That is what I don't understand.

On Monday I am going to contact someone else to get a second opinion on my case and see what they say. But some have asked about the Judgement, they have filed it against me already. So I am totally screwed. Unless I claim bankruptcy. I am taking in all of the advice and I am not just sitting here and waiting. It is very difficult to handle especially because I also have to pack up a house in less than 30 days so I am stressed to the limit right now.

 

[maelstrom]

But some have asked about the Judgement, they have filed it against me already. So I am totally screwed. Unless I claim bankruptcy.

I just want to say that I had a credit card file a judgement against me several months ago and *absolutely nothing* has happened since then. No letters, no court, no calls, no garnishment, *nothing*. However, I am NOW in the beginning stages of declaring bankruptcy (I have retained an attorney, I have completed the pre-bankruptcy course, I have handed in the necessary documents to my attorney, etc). I'm not declaring bankruptcy solely because I have a judgement against me, but just because I came to the realization that I was never, ever going to be able to pay down my debt, and I needed to do something to get over the hump. I have around ten credit cards that I am in debt to, one that has a judgement against me, and thus far, nothing like wage garnishment has even been mentioned (and I'm pretty sure that in New York, for the piddly amount that my job pays me [usually under $150 a week], they wouldn't actually be able to garnish anything). So, take a deep breath and try to calm down, because the boogie man is NOT coming to get you. But I do recommend meeting with a bankruptcy attorney ASAP and assessing your options.

 

[Art 1]

I just want to say that I had a credit card file a judgement against me several months ago and *absolutely nothing* has happened since then. No letters, no court, no calls, no garnishment, *nothing*. However, I am NOW in the beginning stages of declaring bankruptcy (I have retained an attorney, I have completed the pre-bankruptcy course, I have handed in the necessary documents to my attorney, etc). I'm not declaring bankruptcy solely because I have a judgement against me, but just because I came to the realization that I was never, ever going to be able to pay down my debt, and I needed to do something to get over the hump. I have around ten credit cards that I am in debt to, one that has a judgement against me, and thus far, nothing like wage garnishment has even been mentioned (and I'm pretty sure that in New York, for the piddly amount that my job pays me [usually under $150 a week], they wouldn't actually be able to garnish anything). So, take a deep breath and try to calm down, because the boogie man is NOT coming to get you. But I do recommend meeting with a bankruptcy attorney ASAP and assessing your options.

Amazing given all the trips you have taken to WDW, how could you let yourself be in this position. I would be ashamed to owe people money and just walk away.

 

[RachaelA]

I just want to say that I had a credit card file a judgement against me several months ago and *absolutely nothing* has happened since then. No letters, no court, no calls, no garnishment, *nothing*. However, I am NOW in the beginning stages of declaring bankruptcy (I have retained an attorney, I have completed the pre-bankruptcy course, I have handed in the necessary documents to my attorney, etc). I'm not declaring bankruptcy solely because I have a judgement against me, but just because I came to the realization that I was never, ever going to be able to pay down my debt, and I needed to do something to get over the hump. I have around ten credit cards that I am in debt to, one that has a judgement against me, and thus far, nothing like wage garnishment has even been mentioned (and I'm pretty sure that in New York, for the piddly amount that my job pays me [usually under $150 a week], they wouldn't actually be able to garnish anything). So, take a deep breath and try to calm down, because the boogie man is NOT coming to get you. But I do recommend meeting with a bankruptcy attorney ASAP and assessing your options.

They probably just haven't found any assets yet. (job, bank account, etc). They will sooner or later (until your bk is discharged).

Its great you are declaring bankruptcy but can afford to go to disney so many times meaning you probably could start paying off your debt, but chose not to pay it off.

 

[lilmissbehaved]

Under most circumstances creditors can not garnish your unemployment-
Also under most circumstances they will not be awarded more than 10% of your gross income.

 

[maelstrom]

Amazing given all the trips you have taken to WDW, how could you let yourself be in this position. I would be ashamed to owe people money and just walk away.

My wonderful PARENTS have paid for all those trips to Disney World. Yes, I was/am a very spoiled only child. But I was not using my own personal money to go to WDW when I had credit card bills to pay. I was indeed paying my credit card bills (the minimums) until it just got WAY out of control and I was just in way over my head. That's when bankruptcy started to be discussed.

They probably just haven't found any assets yet. (job, bank account, etc). They will sooner or later (until your bk is discharged).

Its great you are declaring bankruptcy but can afford to go to disney so many times meaning you probably could start paying off your debt, but chose not to pay it off.

Job's been in effect for years, so if they can't "find" that... well, that's pretty sad. Bank accounts are empty or closed, depending on the account. I do not own a car, house, real estate, etc. As for Disney, see my answer above. I've been blessed with loving parents who take me to WDW quite often, without usually asking me to pay a dime (sometimes I'll pay for my AP, and generally my own souvenirs, a dinner here and there; but they cover the hotel, most dining (excluding alcoholic beverages), airfare or gas if we drive, etc). But thanks for assuming, you know what they say about people who assume.