I am trying to stop garnishment of my wages. I purchased some furniture and fell behind in the payments. I have tried to work something out with the debtor but they refuse to make any kind of arrangements. On the bottom of of my pre-judgement statement, it states that the plaintiff may file for a lien on any real property owned by the defendant to enforce this debt. Are ny wages considered real property?

mr.yet

What state do yo live??

ScottGem

No wages are not considered real property. But they are assets that are subject to attachment in case of a judgement. But a garnishment requires that a judgement be awarded. So then can't garnish your wages or attach real property until a judgement has been handed down.

So your time to fight this is in the court that is hearing the suit to obtain the judgement.

newaukumdon

The creditors are usually willing to accept ANY arrangement prior to a court date if you stick to it. Do not miss the hearing or fail to respond they will get a judgement default (thats what they almost always get)

Fr_Chuck

I will disagree with newaukumdon, a creditor will accept any reasonable offer. If you for example owe 3000.00 and offer them 10 dollars a month, no they will most likely not accept that amount, since the interest alone would be more than that. if you offered 50 to 100 a month yes they would most likely accept it. ( but always get it in writing)

Once they get the judgement, yes they can garnish your wages. So they know this, and if they know where you work and how much you make, they know they can get normally at least 25 percent of your paycheck.

They are also allowed to attack some property but normally never do that.

The only way to beat it, is to prove you don't owe them the money or that you have an accepted payment plan in the works.

newaukumdon

Very good, I will say though that a smart or really dumb and malicious debtor can tangle things up a while. In some cases the creditor has "purchased" the bad debt for pennies on the dollar and will be pretty amiable.

s_cianci

They are, and once a judgment's been obtained, the creditor has every right to garnish your wages as well as pursue any other means of collecting what's owed. It's kind of surprising that they refused to work out any kind of arrangement. That's actually more cost efficient for them as long as you follow through with your end of the deal. You should document for the court the fact that you were willing to negotiate an arrangement but they refused. That may make the judge a little more sympathetic to your case and may prevent a judgement from being ordered against you, which will stop any pending wage garnishment or at least buy you some more time with which to pay off you debt.

samsclub

Not only can they garnish/put a lien on it. They can possibly make you pay their lawyer fees and court costs.

mzdebb

No. Real property is land and anything that is attached to the land such as buildings, wells, and pumps.. minerals in the land, and anything that is attached within buildings such as light fixtures, fans, heaters ect.
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