Cavarly, Off my report for now but got a garnishment, need help!

[Krash]

Here is what I have people, "BTW thank you" OK i got in the mail at a po box and it was another garnishment letter, for the old company that I don't work for lol, from cavarly they are saying like in the beginning that they are collecting for AIB,"american investment bank" and they got a default judgement on me so I paid them this was back in 2003 or 2004, then after I paid 3 payments they said we are going out of business and we sold out to cavarly, little did i know it was a ca, I wasn't into the credit deal till recently, anyway On the first garnishment that they sent me was to a different county and and then 6 months after that or so, I notice their TL's came off my credit report and then today get a garnishment letter for the same OLD company that I don't work for lol, anyway They told me in the first that they can't try but every 6 months to garnish lol, so maybe another 6 months? Anyway I looked and compared the two letters and one letter "the new one" it was whited out in parts and xt'd out lol. So in the first letter they are trying for 4900 principal and 10g's int, then on the new one, it goes to 10g principal, and 3500 int LMAO, this is not consistant, I know this debt isn't going to go away but maybe there is something i can do, I am not paying these JDB's 14g's they put on my credit report before it got removed that I owed 20g's that would show right there they are just trying to ruin my credit! Now they say I owe 14 LMAO.... Anyone have any ideals? should I contact a lawyer? and since the OC got judgement then sold out can cavarly get judgment? I don't think they can because the garnishment is all they try to do LMAO!!! Please throw some ideals, thanks....

[Krash]

no body? well i guess i will call a lawyer monday thanks though

[flacorps]

First, the paragraph is your friend. A single post full of run-on sentences doesn't help anybody help you.

Second, it's probably a tad late to try to vacate.

Third, debts are things that can be owned and sold to the next owner. Looks like Cavalry owns the debt now. Debts don't disappear when the company that owns them goes out of business. But ... documentation can get messy. Cavalry has to have a document called an assignment of judgment from the old company (or its trustee in bankruptcy) and they need to get it on record down at the county courthouse or the new garnishment efforts are likely flawed. You want to go down and get a look at the court file and at all the records pertaining to you that are recorded at the clerk recorder's office. You may be able to do some of that online ... many counties and courts are on the web now.

Fourth, Cavalry is knocking on the wrong door with the garnishment now. They have ways of finding the right one, unless you're Ted Kacznsky. One way is simply to hale you in for a debtor's exam and ask you where you work. They could also hire a private detective to follow you, but that doesn't happen much. They could use a "pretext call" posing as someone conducting a survey to get you or a relative to spill the beans ... there are a million things they could try.

Fifth, if you don't have the means to pay it and still sustain a meager lifestyle, a BK may be in order. You might get stuck in a CH13 ... it may be time to start thinking about what you're going to do. Learn what your state exemptions are, how they compare with the federal exemptions. The amount of a garnishment can be reduced to a tolerable level by invoking exemptions, or you may have a special status in your state, such as "head of household" that would exempt you entirely--but you would need to invoke it.

Keep in mind that garnishment is not the only way a judgmentholder can collect.

Also keep in mind that in many states judgments do expire, and though they may be renewable, sometimes they're not renewed. Learn the time frames, etc.

One advantage you do have is that Cavalry has yet to see a dime from you. Once you have ever been a source of income to a JDB they get very eager to make you one again (some of their current eagerness may be because the last JDB had a little success). If they sink nonproductive well after nonproductive well ... eventually they'll focus on something more productive.

[flacorps]

Waitaminit!

Looking at your old posts I see that you went BK in 2000. Was this new credit after the BK, or was it a debt that was included in BK?

If they're trying to collect on you and you BKd this debt and got a discharge, then they're violating the permanent injunction (even if they sued on it after the BK and got a judgment after the BK and you paid on it after the BK, if it was discharged in BK you can get it vacated on that grounds unless you specifically reaffirmed the debt). You should see a lawyer if there's a possiblity something like this happened.

If you didn't get a discharge, they can do what they want.

If you don't want to ding them for BK violations (which would get you some money), but the debt is discharged, you need to go down to the courthouse and get the forms for having the judgment vacated due to discharge in BK, and fill them out and provide a certified copy of your BK discharge and probably a small fee, and have the court vacate the judgment. You might need to also record the order vacating the judgment over at the county clerk recorder's office.

[Krash]

Well the debt was after my bk, being stupid, anyway I hate to file a bk again, i mean cause i have creditors that i have paid well and cavarly don't want to work with me. Maybe a lawyer can make them take what i can afford and lower the int's charges. Besides i don't want to put a creditor through a bad thing and when i come out of bk i wont' be able to get crap, I hate to get rid of my cards and other credit, I mean if cavarly would settle where they cant resell the rest then i would settle but they want 14g's no less, so I don't want to pay!

[flacorps]

Bump for an update?