A Collection Agency is filing a Judgement against me on behalf of a surgeon concerning a shattered elbow in a fall. The amount is over $6,000 I have 1099 income. I need to know if they can get a garnishment if I am not an employee. It is my belief that they can get into my bank account. If they take money once, can they repeat whenever they want? I have a 1996 Jeep Cherokee which I don't think is in danger. Am I correct? I tried to work out a payment plan, but was told that the payment would have to be $500 - $600 month which I can't afford. Agent very unresponsive and wouldn't even return my calls at first. Is there anything I can do at this point to protect what I have? I am willing to make reasonable payments, but I lost everything in the accident and don't want that repeated.
If that surgeon just assigned the debt to the collection agency BUT not sold it try to negotiate a better repayment plan with the surgeon. If you know (as you said believe) where you bank NOW immediately close your bank account, and open an account at a completely different bank.
Won't they find any bank account I have? And, do you know if they can garnish my income if I am not an employee, but have 1099 income? Thanks for the help!
Garnishment laws vary from state to state. You need to research your state laws and see what can and can't be garnished.
Yes they can do searches to find out where you have an account at, we do it all the time. How do you have 1099 Income but not employeed? Are you self employed? If so, is your business d/b/a? Depending on the laws, they may be able to execute against the business if it's only a d/b/a and not inc., llc., etc.
judgement I work as a subcontractor doing data entry at home. I do have a small 20 hour/week job as in an employee, but only make about $250/month on that. I do not have a business, just subcontract.
IF they find out who you subcontract with they might try to serve a garnishment order on them. That's a real long shot, unless the court mandates you to disclose the information.
If they obtain where you work they can issue a garnishment order, either wage or non-wage to whoever writes you a check.
You say you are a subcontractor and that you have 1099 income. Whether you think it does or not, that means you have a business. It is a sole proprietorship, but you are a business. I only hope you are filing a Schedule C on your tax returns, declaring this income, and paying self-employment taxes. If they can get copies of your tax returns they'll know you have the business income.
