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NEED HELP HEARING FOR GARNISHMENT IN TWO WEEKS


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Hey Guys I need help like yesterday. I brought a 1996 cad in 2003 which was suppose to be for 10900 with 24 percent interest. By the time the salesman got finished it was 18000.

I put 4000 down and paid 606 a month from august to april and the only reason i stopped paying was because the car stayed in the shop from the day I brought it.

So I paid 10000 on the car total, I was sued in Virginia for 9300 in which the car dealer recieved a judgement for 9300 plus interest and lawyer fees. The lawyer for the delear told me if I came up with 5 to 6000 that he would make them take it. So after they recieved the judgement I agreed to pay 303 a month and I payed 2400 more on the 9300 balance but a few months later I recieved another summons to appear and it said that I now owed 14000. The hearing date is set for 7/06 so they can garnishment my wages. I wrote the attorney trying to settle the debt for 4000 but they never responded, What can I do about this. Is it possible to get a continuance so I can save up more money to try and settle. Please give me some advice on continiuing the case and or another method to try and settle. I looked up some attornies but the fees would wipe out the money I have saved to settle so if I can avoid hiring a attorney and settle that would be better for me. Thanks

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It sounds to me like you have a muddled up mess.

When you "agreed" to pay the $303/month to satisfy the debt, what did they agree to do for you? Did they agree to forbear collection while you were making payments? Did they agree to anything? Did you get anything in writing? Did you miss any payments or otherwise default on the agreement?

When entering into a settlement agreement you have to get it in writing and you have to be sure it spells out what the judgment creditor is giving you in return for your agreement to pay.

Take whatever you have to the hearing that evidences that a settlement agreement was entered into. It doesn't have to be a formal agreement, it could just be an exchange of letters. Bring evidence of your payments to date. Use CANCELLED checks as your proof. Tell the judge you don't understand why collection is proceeding when you are living up to your agreement to make payments.

If you have missed payments or you don't have evidence of the payments or that some agreement was made to settle, you are probably screwed and your wages will be garnisheed.

As far as continuing the hearing, I doubt that will happen. Your best bet will be to explain all of this to the judge, provide whatever evidence you have tell the judge you need more time to adequately prove your side of the story. He may give you a few weeks. If your evidence is thin, he will probably grant the garnishment and allow you to apply for a reconsideration hearing if you get competent evidence that (1) you had an agreement and (2) you lived up to your end of the bargain.

Collect this evidence as best you can. In the absence of an agreement you can at least use the payments to offset what you owe, because it looks to me like the judgment creditor hasn't accounted for that is his figures.

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thanks alot for your help.

No I didnt get anything in writing because I didnt know what to do or what to ask for at that time. Yes I do have canceled checks and I was late with 1 payment and soon after i recieved the hearing notice.

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