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firefly4ever · May 16, 2008, 08:11 AM

I received the writ on May 14. My work received it on April 27 and never told me nor did they pay attention to it. I went to accounting and only then did they actually read it. Is this a court order for Capital One to garnish my wages? Or is this different? Capital One is going through a attorney office which has refused previous payments that I have offered. I am currently paying off a debt to them now and can afford so much with a family of 4.
I also have to fill out paperwork about exceptions. Can I also attach a statement to the exception page? Or just wait for a hearing.

progunr · May 16, 2008, 08:18 AM

What happened at the trial or hearing when this judgment was awarded?

You did receive notice that you were being sued, didn't you?

You are responsible for your debt, even with a family of 4, did you appear for the hearing, did you present evidence that they had refused to accept payments from you?

A garnishment can't take place without a hearing or trial and the judgment being awarded to the plaintiff so I don't understand why you would be waiting for a hearing now?

firefly4ever · May 16, 2008, 08:44 AM

Yes I did get a notice that I was being sued. I did contact them and I stated that I was already paying off one debt with them and that I could not afford to pay again. They "pulled" it until I could pay. This was July 2007, I did not have a court date set because the attny office pulled it. Then on Wed, I received a copy of the writ of garnishment. I accept responsibility for the debt but I had not received a call or letter or a summons regarding this acct since July until now. I didn't go to a hearing for this acct. I am to turn in some paperwork to the courthouse regarding exceptions. The attny office filed with the courthouse the grit and send it to my work.
I live in WA. I also wanted to know do they garnish 25% or UP to 25% from each paycheck?
I talked to the attny office and they said it was too late to set up a payment plan and I would have to wait 60 days of garnishment and then do a payment plan. I guess we'll survive but I'm pretty p/o because I was trying to negotiate last week and I get a writ.
I do have dates and names of the people I was negotiating with at the attny office from last week.

progunr · May 16, 2008, 08:57 AM

If they have a judgment, then they did not "pull" the suit.

You should have gone to court, obviously they did, and got a default judgment.

All you can do now is answer the questions, and submit to the court those answers.

The discussions you have had with the attorney's office have no bearing on a judgment and the collection of it.

If and when you start making any payments on this judgment yourself, make sure that you pay them to the courthouse so that accurate records can be kept of your payments an the balance. This would be after you are able to negotiate the stopping of the garnishment, if you are able to.

firefly4ever · May 16, 2008, 09:10 AM

I wish I received a hearing date because I didn't and I would have gone to it or I would have called to arrange payment before a writ was done. I should call the courthouse because I didn't receive any paper work stating a hearing date.
I've decided to go through with the garnishment and do a payment plan in 60 days.

progunr · May 16, 2008, 09:19 AM

[QUOTE=firefly4ever]Yes I did get a notice that I was being sued.

[QUOTE=firefly4ever]I wish I received a hearing date because I didn't and I would have gone to it

I'm confused now?

firefly4ever · May 16, 2008, 09:36 AM

I received a paper work stating I was being sued and the judgment and then I called the attny office to settle but they would not accept a payment that I had offered because it was too low and I was already paying a current debt with them. That's all I received. I looked through my paperwork again for this acct and I did not receive a hearing date. They judgment states what I owe and "commanded" to pay and that's when I did the above.
The acct wasn't discussed again until I called last week to make a payment plan and the attny office didn't even tell me they were going to garnish my wages.

progunr · May 16, 2008, 10:15 AM

OK. You can't get notice of a suit and the judgment at the same time, unless these are two separate cases for two different creditors.

Is what you received perhaps just a notice of intent to sue, and asking you to answer questions regarding the debt and if you intend to defend yourself?

Does it give you a time that the answers must be returned to the Court?

If a notice was served on your employer, I going to say they already have a judgment.
I would go to the court house and ask for proof of service of the notice of the suit and date of hearing.

If they don't have proof, you can motion to dismiss the judgment based upon no proof of service of the original notice. If they do have proof, then all you can do is answer the questions and submit back to the court.

firefly4ever · May 16, 2008, 12:37 PM

Thanks for your assistance. I looked through my paperwork again and I only have a judgment for this account with no hearing info attached to it. I know if I don't respond, I get a summons, right? Is that the same as a hearing?
I'll be going to the courthouse on Monday and turn in my exception form. I'll ask about the original date for the suit and hearing.