Sometime back I posted on here about being sued by Ford Motor Credit. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=58150&highlight=parent I took the good advice offered here but the law firm handling it would not deal. I made them offers and hinted that I might have to file bankruptcy. It did no good. Today I received a legal paper saying they are going to garnish my wages for the entire amount, around $10,000. As I mentioned in my earlier posting I am the only person working and there is no way we can afford what they will take out of my check if they garnish my wages. Is there anything I can do besides bankruptcy? Something else thatâ??s interesting; the wage summons they sent did not come from the court, though it sure appears to be a court document; it came from the lawyerâ??s office.
hi I'm not sure what state you are in but to my knowledge, wage garnishments must be an order from a court. I know in CA there is something called a claim of exemption you can file if a creditor attempts to levy your wages, bank accts etc.( but has to be proven you need that income for necessities to survive, I have heard that people with children to support are usually exempt from garnishment but every situation may be different depending on the circumstances. you can ask a lawyer a legal question that pertains to your issue and knows your states laws ck out a web site called lawguru.com maybe this may help answer your question
Yes, they have a judgement against me that was a slam dunk. The lawfirm was only interested in a cash settlement. I offered a couple of different payment arrangements but they were not interested. I thought I would try one more with them but I just do not have the money to make a cash settlement. The "wage deduction notice" notice is kind of strange. It looks like a court document, has my name, the creditor, lawfirm, my employers, name of court, etc. But it is not signed by anyone, no notiery seal or any of that and it arrived in the mail from the lawfirm that sued me, not the court. Could this be a fake the lawyer sent trying to intimdate me into a settlement?
No they can not its a violation under the FDCPA I have including the link for you to see for yourself not only is it false and misleading representations it is furnishing certain deceptive forms. along with unfair business practices etc. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 I think you should contact a lawyer you can ask a legal question at lawguru.com and an attorney from your state will respond. I hope this helps you out
Since they already sued and got a judgment, they probably don't need anything more "official" from the court in order to garnish your wages. The form they sent you might just be a notification that they intend to garnish. It may or may not follow a proscribed format. Your state's Civil Procedure Laws would proscribe the format of any such notice. You should let a lawyer or maybe the clerk of the court look at it and advise you good luck!
I have seen wage garnishment forms or notices before and this is different than any I have ever seen. It has the county court name on it and looks like a legal document, but on plain paper which is different from others I have seen and is not signed by anyone and no place for a signiture.
A little later I might be able to scan this and mail it of post on the net or something if someone would like to give me their opinion.
Well, I'm not a lawyer but a check of Illinois law reveals the following: Wage Deduction 735 ILCS 5/12-801 et seq Amendments Effective July 31, 1998 "... The Plaintiff or attorney for Plaintiff has prepared an order which contains all of the requirements of 12-808(e): "... an order shall be entered compelling the employer to deduct from wages of the judgment debtor subject to collection under a deduction order an amount not to exceed the lesser of (i) 15% of the gross amount of the wages or (ii) the amount by which disposable earnings for a week exceed 45 times the Federal Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29 of the United States Code, as amended, (29 U.S.C.A. ' 206) in effect at the time the amounts are payable, for each pay period in which statutory exemptions under Section 12-804 and child support garnishments, if any, leave funds to be remitted. The order shall further provide that deducted wages shall be remitted to the creditor or creditor's attorney on a monthly basis." It looks like they have prepared an Affidavit for Wage Deduction Order" and are sending it to you prior to getting the order granted by the court. Once they have the order of the court they may commence garnishment You need to see a lawyer if you want to try and stop the garnishment, but it looks like the damage is already done as far as CR!
Since they already sued and got a judgment, they probably don't need anything more "official" from the court in order to garnish your wages. pd11604 ***********************A-50-C Except a court ordered garnishment. [colo=white] ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>[/color]
I got a judgment once. I had to file garnishment forms with the court which in turn sent the garnishment order to the guys employer. This same process had to be repeated each and every week for every pay check. This soon became old so I filed for a lein on the guys cars and within 2 weeks The guy paid me off in full. Worked much better faster and easier then garnishment.
