Writ of Garnishment Help

Discussion in 'Credit Talk' started by Zakk, Jul 28, 2008.

  1. Zakk

    Zakk Member

    Ok I have been mailed a letter saying I am being garnished. I was served papers saying I was being sued by Dell computer for an outstanding debt. The debt is real and I just hoped it would go away. So I answer the summons from the prosecuting attourney. I am a full time college student, and actually took out another student loan to handle this debt. I was offered a settlement for half of what I owed. I then told this lawfirm that I could NOT pay until this loan came through August 25 2008. I was told this was fine and to ignore the summons. Then 2 months later I receive this Garnishment. Now I dont know what to do. I was told my payment was expected in August, but now am being threatened with property seizure, and my paycheck being taken.

    I am talking to the district courts tomorrow about my options. I called the lawfirm and was treated EXTREMELY rudely, and they even said they made note that I was waiting for a loan, but the only way the Garnishment would be lifted is by paying in full. So now my settlement is void I guess. The origional settlement was for $1501.xx, now they are saying they want $3800.00.....so here is my question.

    Can I contact Dell and bypass the lawyer? Will my district court/attourney be able to help me out. I imagine there are millions of other people having to deal with this, so I assume it is going to be relatively painless as long as I am willing to settle this. Basically I am just looking for some advice here. I am not trying to run anymore, and want this settled and obviously for as little cash as possible. There is NO WAY I can afford court costs and lawyer fees. I feel like I was lied to about my summons being taken care of, and they had no real intension to wait on my payment in August.....
    Any words of advice would be welcome.
    Thank You guys in advance.

    EDIT= It has been 4 years since a payment, and the debt is in Texas. I am now in Arkansas (just for college). I have been reading that this time frame may help my situation in my favor. The lawfirm that is serving me these papers is here in Arkansas. How did they even find me?
     
  2. greg1045

    greg1045 Well-Known Member

    As to Dell - they're out of the picture if they sold the debt to the collection agency. If they just assigned it to the agency you could try negotiating with DEll.
    Was the contact between you and the attorney's office in which they agreed to August 25 by phone or by writing?
     
  3. Zakk

    Zakk Member

    Phone. I have been reading about this stuff called Zombie debt, and how lawfirms will buy past accounts and try scaring you into paying so it will reset your SOL, I am pretty sure this is happening to me. But this lawyer has actually set motion for garnishment. Seems risky to serve me papers and not be able to back it up at all.
     
  4. Zakk

    Zakk Member

    Ok so I am trying to figure out if I am past the SOL for this Dell debt. I call Dell and they no longer have ANY records of me. I call Midland Collections and they have NO records other than showing a collections for Dell, but no details. Then they referred me to the same lawyer I have been dealing with. I tried talking to the lawyer yesterday but the secratary would not let me. She actually told me NO and hung up on me. If no one has detailed records, how can I get the information about my account? I doubt this lawyer is going to just hadnd them over.
     
  5. jjgross

    jjgross Well-Known Member

    dispute the account by cmrrr as not mine to the lawyer.under the fcra they should respond
     
  6. Zakk

    Zakk Member

    well i just tried applying for free representation. I find out if i qualify tomorrow, or the next day. And if I do qualify I will be fighting this the whole way. I have learned that this law firm that is sueing me has NO detailed records of my account. This is looking like the classic bottom feeder lawyer. When I "settled" with them the first time, they were hoping I would make the payment to reset my SOL. I still have no way of getting the date of last payment received through Dell to determine if I am in fact past the SOL. So I will see if I qualify for these free lawyers here, and if i do not qualify, I was told I can still receive free legal advice/assistance. I do have one question though.
    This guy sueing me has purchased my account, this I understand. But why would I pay him the money that is owed to Dell? Will Dell even see a penny of that money, or does it all go to this sueing lawyer?
     
  7. jjgross

    jjgross Well-Known Member

    You can dispute this and ask for all contracts between dell and the ogre and all information they have on you including payments etc.if they can't provide the paper's then you can dispute with the cra's.if he doesn't have good records his court case is a little weak i would think
     
  8. Hedwig

    Hedwig Well-Known Member

    Dell has sold the debt, so they have gotten their money and are out of the picture.

    The collection agency owns it and is due the money.

    If they have already filed suit, you need to show up in court and state that you have asked for proof of the debt and how the amount was computed, and that no one seems to have this information.

    If you don't show up in court they will get a default judgment. However, it sounds like they have already sued you and gotten a default judgment.

    If they have, you need a copy of that suit, and you need to know how you were served. Then you need to see what the laws for service are in your state and see if service was proper.

    Don't bother writing validation letters--it's too late for that if you've already been sued.
     
  9. collectman

    collectman Well-Known Member

    SOL for AR can either be 3 years for an oral account or 5 years for a written contract. The suit was filed in AR, and you were served there, so you will have to use that for the SOL. If they are issuing garnishments, judgment has already been obtained. It is possible, though you would need to consult an attorney in AR, that if they are suing on a written contract SOL, they will need to provide that, however, since judgment is already obtained, you would need to have an attorney file the proper papers.
     
  10. Zakk

    Zakk Member

    Well I have applied for low-income assistance with a lawyer. I also talked to a few professors in the Law department here at my college. The contract was a written agreement, signed the day I ordered the computer in 2004, which was in Texas. I am just waiting to hear if I qualify for free assistance.

    I have also learned that the day I received my summons, 22 days later the judgement was already made. I just recently (5days ago) received the Garnishment papers from my local courthouse.....so someone seriously dragged their feet.
    It is becoming more and more obvious that this is some pathetic law firm, I have called 6 days in a row to talk to the prosecuting attourny and he is always "out of the office" I call multiple times a day.
     
  11. collectman

    collectman Well-Known Member

    When a summons is issued, the Clerk of the Court puts it on her docket, for a docket call. Usually 20 days, depending on the court rules, if you fail to file an answer, the next day they can file for default judgment, depending on court rules. In KS there is a 10 day stay after filing judgment before we can issue any garnishments.

    So you got sued for a computer you bought, and they are a pathetic law firm because why?
     
  12. Zakk

    Zakk Member

    Pathetic because I answered the summons, and set a deal with them. They never had any intention of stopping the summons once I answered it. They contniued to push forward with it, EVEN knowing I was about to send payment. But all that would have sone was reset the SOL and they could hound me night and day. I am taking full responsibility for this, and had everything settled.....so please defend them some more. It would be like me selling you a car on ebay, receiving the downpayment before you come to pick it up, and then I sell the car to someone else. Pretty shitty....I get slapped with a garnishment while I think everything is ok and settled. This lawyer is a real stand up guy.....

    Anyway thanks to everyone for the help. I consulted with a lawyer and I am pretty much screwed....if I would have known, what I know now a month ago, I would have been fine.
     

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