First I will apologize for the lenght of this post.. I have never had this happen to me and I am not sure what I need to do to protect myself.. So I have a few questions...Ok, a judgement (medical bill) was taken out on my husband and we recieved a letter saying that they have sent bank garnishments out to specific banks... Our bank was not one of them.. (1) are we safe or will they keep looking for our bank? (2) Can they touch my seperate account? The judgement was only in his name... (3) Can they also garnish his wages (we live in NY)? Now the same company has another judgement on both my husband and I (another medical bill) and is there anyway that I can stop them from proceeding with a bank garnishment? Can the same company have more than one bank garnishment at the same time? Both bills are each about $1500and when I called them to make payment arrangements, they told us that they would not set up payments less than $175 a month... We can't afford that.. I offered $50 a month and they said that was not OK. Can I send that to them anyway and will this stop any further proceedings? Again, sorry for the multiple questions, but I have spent days stressed and researching so any help, advice would be great!
So you defaulted on the court? This is why you really need to go to court to defend yourself. Even if they had won, the judge would have asked how much you could pay and if you responded $50 a month then the judge would have issued this amount most likely. Get all the facts on this judgement and then we will try to help. Oh and sorry to be the bearer of bad news but they eventually will find the other account that they have not attached as of yet and can ONLY attach if if your husband is an authorized user and his SS number is associated with the account, or you were assoicated with the medical debt. : ( What about work? No garnishment there? WOofer
They are certainly free to continue looking for your bank. They might just drag you into court and ask you want the bank is. You'll be under oath, so you have to tell them. Dumb Bob doesn't know what the wage garnishment rules are in NY but many states allow this. If the money in the account is exempt, you can possibly stop them. For example, money from Social Security, from disability, that sort of thing, is often not supposed to be taken for judgments. That doesn't mean they won't put a hold on it and let you figure out how to show it shouldn't be taken. You may also be allowed to protect a few hundred dollars, see your state rules, in bank accounts. Dumb Bob is blissfully unaware of any limitations on that. What sort of interest are these increasing at? Not likely.
I did default on the court as I was told when served the papers by the sherriff that I did not need to attend court and there was no court date on the document... As of yet no they have not garnieshed my husbands wages? Can they do both? Now I was served with another judgement about a month ago that had both of our names on it... Again told that I did not need to attend the court.. Now that I know what I know I want to attend the court hearing.. What am I to do if I missed the court hearing? I am planning on calling the company today and finding out, but what if I missed it?
Well now I think that this law office is full of some scandalous stuff. I just called the office and it would appear as though I did not default on any court as according to the office that I talked to there was no court date and that these were just summons that were being sent to us. But when I asked how I was suppose to go to court to defend myself or to prevent my bank and wages being garnished they told me I would have to request a court date in writing myself. They said that I could set up payment arrangements with them (of course they wanted like $200 a month). Are they just trying to scare us into paying them and none of these are legit? When I asked when the court date was that allowed our bank to be be garnished, they told me there was no court date? Then asked me what bank I was using (obviously I did not tell them).. What is going on.. Like I said I have never had this happen to me before!
Who is the *law office* and i would not talk to them.Did you contact the court house?Has it been filed?Are your wages been garnished now or they taking money out now,I would google their name and see how many complaints come up so you know what to do.
You don't need to attend if you want to just lose without even presenting your side of things. Usually there are limited periods where you might be able to try to get a default judgment vacated.
The Law office is Burr and Reid.. I did a little research but didn't find much.. With the advice of you and others I actually planned to go to the court house tomorrow.. And after talking to a few people I am starting to think that these are just smoke (scare )tactics. When I took a look at the papers that had the "Restraint to garnish" that were supposedly sent to the banks, I noticed there is no signature from a judge.. Just the law office number and signature... So my husband and I talked and I am going to go to the court house tomorrow to check and in the mean time with money orders we are going to start sending what we can afford to the collectors, keeping record of all that we send... And no as it stands there are no wage garnishes occuring... Hey thanks everyone for the help
I wouldn't pay them anything yet. Paying may reset the SOL, depending on your state. And have they proved that they are the ones that have the right to the debt? I'd hate to see you send these guys money only to get served later by someone else who actually owns the debt. You'd be better off putting the money in the bank and saving it for a possible settlement down the road.
