Jump to content

Garnishment question


J Kelly
 Share

Recommended Posts

Discover card. The debt is old, but still within the SOL. The person involved is not being contacted at all at this point in time. He's quite judgement proof actually, but for his job.

Discover, as far as I know has not sold the debt to a JDB, but it is long charged off. Two states are involved, and it really is quite complicated.

I thought that NC did allow wage garnishment (I still think they do) but I happened to see the above and was just wondering. This debt is very close to the SOLC at this point in time.

Link to comment
Share on other sites

No, no judgement. Very little collection activity actually. This is a college kid. The SOLC from date of last payment is fast approaching now.

He is absolutely judgement proof, if they did sue and get a judgement, he'd quit the job and move onto another. He's a student. Jobs comes and go.

I was just wondering about garnishment in NC......just good info to have, not really a big deal. If anything happens, I think I know how to handle it. I have talked to Why Chat about this situation actually. It really is a weird situation, and SOLC could be argued, even today.

Thanks for replying.

Link to comment
Share on other sites

Equalizer. I am not a credit garu, not the MOST SOPHISTICATED, but I know better than that. I have been on these boards for about two years now.

The thing is I saw something that I questioned, that was all. Really!! Nobody can be jailed for not paying credit card debt. They can be jailed if a judgement is obtained, and they are court ordered to appear in court to disclose assets. HOWEVER, IF a judgement was obtained, and he was court ordered to disclose his employment, he would be required to show up in court and disclose all assets and employment. HOWEVER, there is no law that says he could not leave the court (having given truthful answers) and then give his two weeks notice. This is the United States of America, in case you have forgotten!!

Link to comment
Share on other sites

Has there been any collection activity at all or is this all just an abstract discussion? At any rate, he can always roll the dice and hope they don't file suite but that's risky, especially if there is enough money involved to be worth their time to pursue it.

Not that I like to throw gassoline on a fire but if he actually owes the debt perhaps he should consider paying it or reaching some sort of settlement.

Even if he is "judgment proof" at the moment I would assume he doesn't plan to stay that way for his whole adult life - he needs to consider that a judgment , if they get one, hangs around for a LONG time; not something he wants to be dealing with 5, 10, or 15 years from now.

A settlement/repayment he can live with is a far superior position to be in than dealing with a judgment later, IMHO.

Link to comment
Share on other sites

Hi Robert, he's still pretty young. Yes, I know that he will want and need good credit eventually. Right now though, it's just not in the cards. No, no activity at all. This is more of an abstract discussion.

This debt is actually very close to the SOLC now, and as I said, the SOLC could be argued even today. And, you know me Robert, I would certainly give him the fuel to argue his case.....and he's be very good at it. He is a very smart kid, very idealistic actually.

As I was trying to explain, I saw something I didn't understand, and I was trying to clarify. I have done that now.

He could file bk, even under the new law. He's primarily a student.

Link to comment
Share on other sites

Equalizer, I have been on these boards for awhile now. I have never heard of anyone being ordered to find a job.....not once, ever.

He could file bk, even under the new law. It would be a last resort, but very very easy for a student to do, if it came down to it. Maybe that is the reason they aren't bothering him.

Link to comment
Share on other sites

J Kelly, I am a full time free-lance paralegal with 18 years under my belt. I was with the DoD for 4 years, the State of Wisconsin for 1, collections for 5 years, and the rest in private freelance practice. I am also currently a deputy JAG for the USAF Auxiliary and the paperwork recommending my promotion to major is currently being prepared. I have been exposed to the federal system, the military system, and the systems of 16 other states including my home state of Wisconsin. You would be surprised at how many of these orders actually go out. Quite frankly, I agree with them in the case of shirkers.

Link to comment
Share on other sites

Equalizer, yes, I would be very very surprised. I mean, how can they actually make somebody work? McDonalds for a couple of months and then leave the jurisdiction. Not saying that I would recommend this kid to do anything like that, BUT, I think the courts have better things to do with their time chase after people for credit card debt. So what if he got fired ??????

I am not surprised that you worked as a CA!!!!!!!!!!!!! This sounds to me just like the kind of thing a CA would say. Just my 2 cents!! The poeple here can decide for themselves. Did you happen to notice my post on wage garnishment from the dept. of labor? 60%? Too much CA mentality Equalizer.

Link to comment
Share on other sites

One more thought here Equalizer. If he got a court order to appear in court and disclose his assets, and he did appear in court and truthfully disclosed his assets and employment, where is the contempt? He would not be in contempt of court unless he was court ordered to find a job and work, and that would be against his constitutional rights. Betcha!!

I mean why do we have people on welfare? Why not just court order them to work????

Link to comment
Share on other sites

Knock off the CA mentality guys!! :lame: The Defense Department, contrary to popular belief and liberal press releases, does not hire dummies for its litigation teams. The biggest case I won for them involved some $72 Billion dollars and I won every penny of it for them! You go ahead and believe anything you want. I've got the law and 18 years experience to back me up. If you're so sure of yourselves, why don't you call your local judge and ask him/her. I've seen it done in Wisconsin, Illinois, Texas, and Minnesota. The courts do not take reality into account. Don't forget that!

Link to comment
Share on other sites

I looked at the NC Garnishment law and I would not be all that smug if I were you. It's filled with loopholes. Granted there are garnishments for certain types of transactions that are not allowed. But the language of the law clearly states that NC does respect the "long-arm" laws of the feds and other states, thus making those same prohibited garnishments open and fair game.

One example is one I would clearly take advantage of. I don't expect you to understand this one, as you've blown off my last posts. Say, for example you work for Wal-Mart. If Wal-Mart had stores only in NC, you'd be safe. However, as Wal-Mart has stores in other states, and as many debts are interstate, I could go the federal route while invoking the doctrine of federal question, get a garnishment order and NC would have to honor it. It's all in the statute.

Link to comment
Share on other sites

If you had read MY POSTS, and my link, you would have seen that I fully understand that garnishment is a possibility in NC. Anyway, that is the way I am reading the law.

The subject really is moot though. The person in question is a student, makes very little money and could easily file bk if it came down to it. Of course, Bk is not something to be taken lightly. On the other hand, education is first and foremost on his agenda, and there just isn't any money for this debt.

As I have tried to explain, I saw something that I did not understand, and I wanted to understand it.

As I said, you have a typical CA mentality, and maybe some people here will believe you, so I hope that people following this post will do their homework, especially about a court ordering a debtor to get a job. Don't you know you're civil rights pal?

This is America, there is no debtor's prison. The court can grant a judgement, and the debtor can be forced to disclose assets and employment, but he can not be forced to stay at the job. He can not be court ordered to get another job.

Link to comment
Share on other sites

Yes, I do know my civil rights. That's why I've won 4 out of 4 cases against the CA's and I have a fifth in federal court right now for $50K. Trial begins in December. 8-)

"It astounds me how the amatures continually criticize me and yet I was the second rate who commanded the armies. The ironic thing about it all is the fact that I won the damned war." - Lt. Gen. Moshe Dyan, Victor of the Six Day War

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.