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Assistant needed with 2 judgements and 1 garnishment


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Garnishment

I was being garnished by an collection agency known as Wolpoff & Abramson on behalf of Discover Bank. This CA eventually merged with Mann Bracken LLP. The garnishments started coming out of my checks in May 2008 (amount was $8979.17 + $130.50 for the cost of the action = $9109.67). The garnishment would have been paid off by June 2009 but the CA somehow forgot to renew the garnishment after 195 days as required by the terms of the garnishment if it is not paid within this time frame. Therefore, the garnishment would have expired around October 2008 according to a conversation that I had with the CA last month. Somehow the CA did not realize their mistake until April 2009 which is when they sent me a garnishment release that stated "Please take notice that the Plaintiff voluntarily withdraws without prejudice, and requests the wage garnishments in the above referenced proceeding be dismissed. This account has not been paid in full and settled. Please release all funds in the registry to the Plaintiff." In the meantime, the payroll department for my company was still sending payments to the CA and they (payroll) have supplied me with records showing that $5133.66 has been paid to the CA. The CA verbally admitted over the phone that this amount was correct and that their bookkeeping was behind due to the merger with Mann Bracken LLP.

The problem is that now they have filed an Affidavit for Continuing Garnishment which was signed for by the payroll department today in the amount of $6411.44! The remaining amount should only be:

$9109.67 = original amount garnished

- $5133.66 = amount already collected

$3976.01 = remaining balance

To make matters worse the payroll department gave me another document called a "Writ of Fieri Facias" from the same CA stating that the amount owed is $7331.94 "with future interest upon said principal amount from the date of judgment at the legal rate." This was dated February 1, 2007. I am confused as to why there are so many different amounts being shown.

Is it possible for me to file a traverse to this garnishment?

Judgments

1) The first judgment (technically second if you count the above garnishment) is from Hobe financial Corporation for the amount of $4291.36 and they have offered to settle this with me for about $3100 which I am unable to do because of the current garnishment. They cannot garnish me (they already attempted this once) because my employer will only allow one garnishment to come out of my paycheck at a time. This debt is well over 3 years old so I do not see why they would not take a lesser amount; I originally offered them about $840 dollars using a letter I found on this site. They responded back with the $3100 settlement and I replied with an offer for $1000 (certified mail in both cases) which I have not received a response to at this time.

2) The second judgment is supposed to be decided this Thursday, May 14, 2009 in a Georgia county court from RPR Holdings, Inc., for the amount of $6287.89. I made the mistake of sending my response to the lawyer instead of the courts within the 30 day time frame and now the court has issued a default judgment to be rendered this Thursday. I offered a settlement to the lawyer for $1000 but he will not take any less than $2500.

Is it possible that I can end up owing the $6287.89 when I go to court on Thursday if I cannot pay the $2500?

3) I have a third debt with Bank of America that has not awaken yet and I did not want to attack that one until I could take care of the first three.

In conclusion, I figured that because the first garnishment is still in effect that the others can not simultaneously garnish me according to the payroll department as well as some laws that I researched. The bottom line is that I would like to pay all of these debts off but not at the ridiculous amounts that some of them are proposing considering the age of theses debts. All of these debts are unsecured credit cards and well over 4 years old. I could have filed bankruptcy a long time ago because I have no tangible assets that can be seized but I have been trying to use this option as a last resort. The only judgment that I can not remembered being served personally was with Hobe Financial Corporation. The SOL for Maryland is 3 years which is were all of the debts originated but I did not think that I could use that as a defense since the SOL in Georgia is 6 years.

I have read through this site as well as doing research on the internet and this forum appear to be very thorough. Any information in terms of a new strategy that I may use to clean this up once and for all is greatly appreciated. I am currently seeking additional employment to assist in expediting the clean up process. Thank you all in advance for the help!

Tues., May 12, 2009 4:20 P.M. Update to garnishment mentioned above

I just got off the phone with a representative from Mann Bracken LLP about the increased amount shown on the Affidavit for Continuing Garnishment. She stated that this is interest added during the time of the garnishment release was in effect for the month. She proceeded to state that it was my responsibility to settle with them at this time to avoid a continuance. My response to her was that I could not settle at the time because someone in another branch of their office stated that they could not determine what the exact balance was because there records were not up to date. This individual told me to call back in about one month. It is exactly one month to the date that I spoke to their office and they have already filed a continuance before I could do anything. From the tone of her voice she knew that her office was in the wrong but the only thing that she claimed that I could do was settle with their client for 85% of this new amount!

If they would have kept the current garnishment in effect, it would have been paid off by the end of the next month. Now due to their negligence and bad bookkeeping it appears as if this garnishment will now be extended for at least another 8 to 10 months. She claims that this account is still with Discover and they are only collecting on their behalf. I find this very hard to believe because as I stated earlier this account is well over 3 to 4 years old. They could not have paid anymore than $0.01 to $0.02 cents on the dollar for this account.

I was researching the internet for consumer attorneys in Georgia but it seems as though the consumer attorneys also work for the collection agencies. Some of the other attorneys seem to quick to get you to file bankruptcy.

Is there something that I am missing? This account had to be sold at least two times.

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You should really split up the questions into separate posts. I'm going to attack the garnishment.

I suggest that you file a motion with the courts to amend the garnishment. Unfortunately, this is a situation I have never seen, so I am not exactly sure how you would go about doing it. This is my best guess.

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Should I post the sections under Judgments in a different area or within the same area "Is there a Lawyer in the house?" as a different question?

Thank you for your earlier response

P. S. I also posted an update to the garnishment on the original thread

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Ok, contact naca.com and find an attorney in your state see if you can find one that will assist you with the judgments and garnishment.

In some states only one garnishment can be active at a time, but, the most important thing is to prevent more judgments because they are a headache to get off of your credit report.

If you make any deals always go for having the judgment dismissed or vacated depending on if the judgment has been issued already. But, run as fast as you can to seek legal advice find an attorney or contact the legal aide, or naca.com

If you can help it do not negotiate any more settlements until you take care of those crooks mann bracken they errored and they should not have added any more interest that their fault not yours. And it might be one of their scams to get more money

also some state allow a party to file a claim of exemption check your state laws to see if its offered and consider taking that good luck.

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I am trying to delete the original thread in order to break it up into smaller threads, but I am having no luck. How do I go about doing this? I wanted to get rid of the original one after splitting it up so as to not add confusion.

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Judgments

2) The second judgment is supposed to be decided this Thursday, May 14, 2009 in a Georgia county court from RPR Holdings, Inc., for the amount of $6287.89. I made the mistake of sending my response to the lawyer instead of the courts within the 30 day time frame and now the court has issued a default judgment to be rendered this Thursday. I offered a settlement to the lawyer for $1000 but he will not take any less than $2500.

Is it possible that I can end up owing the $6287.89 when I go to court on Thursday if I cannot pay the $2500?

In conclusion, I figured that because the first garnishment is still in effect that the others can not simultaneously garnish me according to the payroll department as well as some laws that I researched. The bottom line is that I would like to pay all of these debts off but not at the ridiculous amounts that some of them are proposing considering the age of theses debts. All of these debts are unsecured credit cards and well over 4 years old. I could have filed bankruptcy a long time ago because I have no tangible assets that can be seized but I have been trying to use this option as a last resort. The only judgment that I can not remembered being served personally was with Hobe Financial Corporation. The SOL for Maryland is 3 years which is were all of the debts originated but I did not think that I could use that as a defense since the SOL in Georgia is 6 years.

I have read through this site as well as doing research on the internet and this forum appear to be very thorough. Any information in terms of a new strategy that I may use to clean this up once and for all is greatly appreciated. I am currently seeking additional employment to assist in expediting the clean up process. Thank you all in advance for the help!

This is an update to the judgment 2) mentioned in the original thread

Thursday, May 14, 2009

I went to court today to in order to fight the potential default judgment. I did not file an answer to the court properly within the allotted time so therefore the attorney wanted to negotiate a settlement with me. He attempted to get me to pay their amount with interest fees and penalties to the tune of about $6300. I would not budge past $2500 and he kept mentioning that if it goes into default judgment status than I would be obligated to pay the full amount through garnishment. I stated to him that I was already being garnished and this one would go on for about a year before they get their money. He eventually agreed to the $2500 settlement and put it in writing. I signed an "Agreement to Settle and Accept Payments on Consent Judgment" in the amount of $2500 by next Thursday. I also signed a "Consent Judgment" that will go into effect for the total of the $6300 if I do not pay by the $2500 by then. The lawyer stated that once I give them payment that they would send me a letter stating that the judgment is satisfied that I can send to the CRA's.

How hard is it to get a judgment off of your CR?

I went back into the courtroom to see how other people were handling their cases and I did not see anyone successfully defend their case. The judge even told one individual that because he did not answer his summons that the attorney was not required to show any form of paperwork in court to validate the debt. I researched for about a week before going to court but I think I just succumbed to information overload. This was definitely a valuable as well as expensive lesson. I am still working on the garnishment mentioned with Mann Bracken mentioned in the original thread. I sent them proof today that they cashed all of the checks that my company has been sending them. I will contact them again on tomorrow to see what their outcome is. I am really trying hard not to file bankruptcy but I refused to pay this entire garnishment all over again.

If I can not get them to budge should I began to start exploring bankruptcy as an option?

If I should in fact file bankruptcy because of Mann Bracken's tactics then I am guessing that it would obviously not make sense to pay any of my remaining debts.

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