My hubby was working for a truck driving Co., in Mar. 99, which enrolled him in this truck driving school. (The school lasted for about a week) during the length of employment, the company would take partial payment for the schooling. He left the co. and now was left with the school bill. We didnâ??t have money to pay the bill. In Jan of 2001 was served a summons stating this was his last chance to make arrangements for this bill. The summons was not dated by the court or did it have a case number. He called the collector and made arrangements to pay $150 a month for this truck driving school. And was told that the summons will not be filed. We have been making payments. We just receive a writ of garnishment from the bank. A collector froze our bank account for being 2 months behind on payments. They are requesting payments for the 2 prior months, which is impossible, since our account is frozen. Are they supposed to serve us with the writ of garnishment? They have our correct address! We were lucky to get the form from the bank. They are supposed to service us with this document. Correct?? We never got served. We wouldnâ??t even know what was going on if it wasnâ??t for the bank. I went to the court and found out they have file a proof of service to me, which is not true!!! They filed the original summons, which was date Feb. 22 and then file an alias summons in April 2001 and got a judgment in May of 2001. Which they never served my hubby. Even though they said they did serve him, by giving me the order, which is a lie!!!!!! We are going to file a request to set aside default judgment. If we do go to court. Is it possible that we are able to make arrangements for this debt through the court? The collector is saying that once we pay the 2 months that is due that they will increase the payment. We canâ??t afford any increase. Also the collector said that if we went to court that they would get automatically 25% of our earnings. Once again my questions can the automatically get 25% or can we make arrangement with them and the judge for less than 25%? Please let me know. I also want to file a counterclaim for false proof of service and The collector also stated that if my hubby pays the past due amount then the collector will lift the garnishment within minutes. He said all he had to due was type up a release form and fax it to the bank. I thought it had to be filed with the court in order to release the garnishment and for lying about filing the summons. How is it possible that he can file the summons and we are making payments on the debt!!! Please helpâ?¦ thank you very much.
Hi Giz, You are our newsest member. Welcome Aboard. Give your post a little time to be reviewed. I'm sure those who are familiar with a judgment set-aside can help you tomorrow. Just wanted to welcome you.
Before you can sue, you need to know exactly what happened. Get your case file from the courthouse and see if state law was followed. Once a judgment is returned, the rules change. No one has to notify you that they are seizing or planning to seize property. AS to the 25%. I assume he is taking about a wage garnishment. I got know idea what you stste allows. Your best course of action is see a lawyer with the supporting documentation on the orginal judgment and see if you have recourse. FWIW i'm going to repeat Cale666's mantra. How can you tell if a collector is lying? There lips are moving! Moral to the story. When you are faced with a legal problem, get the solution in writing or, it doesn't count.
You need to get into a defensive position ASAP. Do not open another bank account. Stop your direct deposits if you have them. Go into CASH mode. Pay your bills via money orders. Get your assets protected immediately. The CA does not care a damm about you; do not believe a word they say. They will attach anything they can until the judgment is paid. The only leverage you have now is to make it as hard as possible for them to collect. Protect yourself and your assets and then figure out what went wrong. This is the toughest fight that we can face. I imagine that you arenâ??t living a life of luxury going to China and living it up. If it means no dinner on the table for your family if you pay them, don't feel bad about doing this. Only after you are protected can you try and work out a settlement. Take in to account all your other bills don't cut a deal on this one that is going to cause you to have someone else get a judgment. Look at the big picture. A CA hates someone who wants to logically take charge of a debt situation, that means that everyone gets paid a fair percentage, they want it all donâ??t let them do that. Good luck and keep us posted. JohnM
Did you sign anything? Just guessing - you might have signed a "consent judgment" without realizing what it was.
Gizbb, This situation smells extremely bad - I'm really sorry your family needs to go through this crap. I don't want to start giving out a bunch of advice, but I will give some info that I am familiar with. NO collector can leave you in dire hardship - if you make X amount of dollars each month, and pay X amount in other bills and food/home needs. If the difference only leaves a few dollars (or no money left) the courts can not force you to pay money you don't have. By the way, have you considered a BK lawyer? WHATEVER YOU DO, do not believe a SINGLE thing those bastrds tell you (they are the biggest enemy youy may ever face). Good Luck, Sal P.S. Within a short while, you will have several other members chime in with good advice
I got all of the court forms that were filed. I am not going to let them get away with this. I am really angry and refuse to give up with out a fight!! In my state CO. If the debt is under my hubby's name only then they can't do anything to me (if I read that correctly) But that is not going to stop me from frighting for my hubby. They lied of the proof of service for the Alias Summons. Which if the court is accepting a sworn testament of the delievery person, then they are going to accept MY sworn testament!!! I am sorry but it really chaps my hid that people like that can get away with stuff like this!!
