I hope you're right. Sob stories aside, as Kathy said I do think we have some facts that play in our favor. First one is that, yes we missed two payments, but we made 10 others--significant payments of $200-600. We also have the fact that I am unemployed and ready to pop... believe me, nobody hires a pregnant woman and esp. not this late in the game (I'm due in five weeks). And the fact that the unemployment is about to run out--right when the baby is due--which is going to severely cut our household income, probably right at the time this would go to court. The timing of all this is just horrific--my unemployment running out, a possible court case, and the birth of the baby are all coming at the same time. I understand a judge has to "make a decision based on fact not emotion" but I do think these facts matter... am I crazy? I have the right to keep enough money to pay my rent, electric and water bill and any other pertinent bills--I can't believe a judge or anyone else with two IQ points to rub together would garnish my husband's wages to the point that we couldn't pay those bills in our case... maybe if we'd been sitting on our bums for the last year giving these folks the bird, but the fact remains that we have indeed paid them a lot of money, even through a major loss of income. I'm sure that the two missed payments will be taken into account, but not to the extent that the other 10 are ignored. One can hardly make the call that we are a couple of non-paying bums. I thought that garnishment was reseverd as a last resort to get money that a debtor is not WILLING to pay on his/her own--am I crazy for assuming judges are reasonable? sIrenity
That last statement or question may well be the case. Be that as it may they can't take more than the amount allowed by law which is usually not more than 25 percent. And yes, you do have the right to keep basic living expenses. But keep in mind that even though they get a judgment it may end up being a void judgment since most of them are anyway. Just because you get a judgment don't necessarily mean the fight is over unless you just resign yourself to what seems to be the inevitable.
"But keep in mind that even though they get a judgment it may end up being a void judgment since most of them are anyway." Can you give me an example of what would make it void, and what does that mean in terms of repercussions--that we don't have to pay it? That we could have it removed from his bureau? Thanks, sIrenity
A void judgment is one that is a legal nullity and has no force nor effect whatever. It was never a judgment in the first place. It is as though it never existed. Once declared a void, yes you can have it removed. There are basically 22 reasons why a judgment might be void.
"There are basically 22 reasons why a judgment might be void." Do you have a reference where these reasons are listed that I could read?
