Brak43 Posted November 19, 2007 Report Share Posted November 19, 2007 Because of illness and loss of a job, we are most likely going to have a couple of judgements against us.I am not disputing the debts, because I know I owe it. I just do not have the money to pay at this time nor the means to borrow money. My intention is to make good down the road when things get better but, of course, nobody believes you when you tell them that.I am currently working part-time making $200 per week. The rest of my time is spent taking care of my ill wife. We are trying to get disability for her, but that is another story. There is also a chance that my income could double, but not until sometime in the second quarter of next year.I know in New York State, the first $13x.xx dollars a week cannot be garnished. The rest can be garnished up to 10%.Is this a total amount? In other words, if I have three judgements against me, will they each get 3.33% of the balance or will they each get 10%?I have no money, no insurance, do not own a home and have a ten-year-old car. Is it really worth it for a CA or company to sue for $8.00 a week? Link to comment Share on other sites More sharing options...
savymicheal Posted November 19, 2007 Report Share Posted November 19, 2007 collections agency only care about money!They have no interest in your sob story. Many CA will only threaten to take you to court,that is only way to garnish your wages.Now I am not sure of your state collection agency can win a judgement but that doesnt mean your wages are going to be garnished to pay it. In most states if your indigent and it sounds as if you are cant be forced to pay a judgement with your limited means. So dont panic until you are in the court room. Remember if you get a notice of intent to sue directly from the court house dont worry. The collection agency must dv before moving to the next step of filing court papers otherwise your defense to the judge is that the ca didnt dv as require by federal law fdcp act.Case should be dismissed and it will be!!!!!!! Link to comment Share on other sites More sharing options...
AISLE4 Posted November 20, 2007 Report Share Posted November 20, 2007 We need more info about the debts. Are they still owned by the original creditor or have they been sold? Who has been contacting you, the OC or a collection agency? How old are the debts? Who are the OCs and CAs involved. What are the general amounts of the debts.Knowing you owe it and knowing you owe it to the company trying to collect it are two different things. Anyone who contacts you in an attempt to collect a debt needs to prove to you that they are contacting the right person and that they have the correct balance...and that they are legally able to collect in your state. Don't throw your hands in the air and wait to get sued. You can take steps to protect yourself now.If it does end up in a situation where wages are being garnished, you can only have one garnishment order placed on your income at a time. But it sounds like you are pretty much judgement proof right now. If you want more in-depth answers we need more info. Link to comment Share on other sites More sharing options...
Brak43 Posted November 20, 2007 Author Report Share Posted November 20, 2007 Owned by original creditor but being pursued by a collection agency.Debts are realtively current. Last paid about three to four months ago, but not full amounts.Owe a local dentist about $7k, credit card (Capital One) $5k. Link to comment Share on other sites More sharing options...
AISLE4 Posted November 21, 2007 Report Share Posted November 21, 2007 Was the CA's first contact less than 30 days ago? If yes, send the debt validation request. Link to comment Share on other sites More sharing options...
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