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Writ of Garnishment - 9 years later


Guest 957mom
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Guest 957mom

In 2009 I went through a very expensive divorce, my exhusband refused to leave the home or pay the mortgage for almost 4 months, once he was finally out, I tried to get the bank to work with me to help me keep it.  They were not interested at all, and when all was said and done, my 2 yr old son and I had to move and surrender the house to the bank.   My exhusband had a ridiculous amount of credit card debt and filed bankrupcty.  One card, a Target Visa, was left off of the list, and because he had added me to the account, they started to come after me.  They had put a lein on the house, and because he claimed bankruptcy - the house sat on hold for a couple of years before the bank finally took ownership and sold it (for half of what we owed).  SO... 9 years later, I open my mailbox and I have a letter from "RAS LVrar" ... I went online into public records and apparently 2 things were happening over the course of the time passed.  1 - they were still sending letters to the old house (the one with the lien that they couldn't get paid) and 2 - my last name went back to my maiden name when I got divorced.  I started my dream job 3 weeks ago, and am finally starting to get my life back together.  Apparently there was a judgement entered in 2009, which I was not aware of, as I assumed this card was part of his bankruptcy.  I truly have not received anything in regards to any of this until now... there were two other court documents in the public files.  It looks like they tried to garnish my wages from the last company I worked with, but I had been laid off a year prior.  Now they are sending this writ to my bank.  I literally JUST started a new job that I have been gunning for for the last 5 years.  Now this.  I'm a single mom, we live in a small house, and I am the head of household.  Up until this job, I was struggling financially and I have not yet received my first check with the new company.  I cannot believe this is happening.    Is there anyway to stop this?  $4587.41 and counting...  this was a $3000 credit card that I paid an initial $1000 towards before everything went sideways.  I received the certificate of service today (May 10), but the writ has an order date of Mar 2, 2018, and I haven't received anything from my bank.  How can I stop this without having to go to court.  I feel nauseous over this.  It also looks as if this has changed hands a couple of times as far as the collections atty is concerned.   Any information is greatly appreciated.  

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17 hours ago, 957mom said:

How can I stop this without having to go to court.

Get a lawyer.  That's the only way *you* can not go to court to deal with this, but someone has to go to court.

Who got the judgment against you?  Was it Target Bank or was it sold to a debt buyer?  Midland, perhaps?

What's going to have to happen is you will have to get the judgment against you set aside. I have no idea how likely this is, but nothing else can happen before that.  Then you will have an opportunity to form a defense.

When was this account opened?  I found a target credit card agreement, but it's for the regular store card, not the VISA.  If you still have the original agreement, you want to see if there is an arbitration provision.  That's going to be your only way of getting rid of this once and for all.

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