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tphilip

Help Check will be garnished

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Hello,

I got an HSBC credit card in 2004.. I did not make any payments on this 1,000 credit card limit.. I lost my home and was unable to pay... So in 2013 the credit people closed my account. For some reason in 2015 it was reopened.. I went to Bank of America to get money out and my account was empty...  A law firm named Protas and Spivok  won a judgement against me for the money because I did not go to court.....  The law firm agreed to accept $75.00 monthly from me stop anymore legal action.      So I was making the payments, then I had financial trouble and I got about 3 months behind...  Now I  got a letter from the court saying that this law firm want to garnish my pay check now. The judge granted them to garnish my pay  check on July 7th 2016..

Problem is the contract say I owe $ 1,158   with 10% still accurring until it is paid off.

When I talk to the law firm Protas and Spivok  he told me I have made payments in the amount of $983. dollars       Then the man from the firm told me I owe $782  because most of the money was applied to principal and interest.            

 

 

 

Can I file a motion to vacate judgment    I started to just to try and pay it off... But I dont have the money..

I need help sister said I should file a motion because I paid most of it off not to mention the money they took out of my bank account.

 

 

Help

 

Ms.Philip

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1 hour ago, tphilip said:

Problem is the contract say I owe $ 1,158   with 10% still accurring until it is paid off.

That is entirely possible.  $75.00 a month would likely barely touch the post judgment interest and a small amount of the principal.

1 hour ago, tphilip said:

Can I file a motion to vacate judgment  

Can you?  Yes.  The major problem is you have no legal basis to do so.  The chances of it being granted are zero.

1 hour ago, tphilip said:

I need help sister said I should file a motion because I paid most of it off not to mention the money they took out of my bank account.

Unfortunately your sister is wrong.  Short of filing bankruptcy (which is not a good idea for such a small debt) you are stuck with this until it is paid off.

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