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D0minicanbab3s
Nov 16, 2011, 07:08 PM
I am being sued by a debt collector and basically I claimed guilty and want to discuss a payment plan. Can I still get garnished because I barely get paid sufficient to pay the rent. I have no proof but my pay check and a letter from my land lord stating the amount I paid. Also, I was unemployed last year. What should I do? I barely has sufficient time to even get nay documents or proof. Im lost and desperate.. Please help me

smoothy
Nov 16, 2011, 07:45 PM
Yes... they can garnish a certain percentage of your pay... what your bills are don't matter, its your responsibility to take on a second job if you have to.

Sorry if that seems harsh but that's reality and how it works. There are a lot of people that would do as little as they could get away with to avoid paying it if they could. You can thank them for it being that way.

They can take anything in a bank account as well with a garnishment order.

Fr_Chuck
Nov 16, 2011, 08:11 PM
And you had better prove what you earn, pay statements, tax withholdings, and so on. Your employer can supply you with even year to date earnings

D0minicanbab3s
Nov 16, 2011, 08:52 PM
I have a pay stub from two weeks ago and the letter of my landlord that I pay rent.My question is can I ask for a payment plan like if I can get that its no problem of giving payment. I have 200.00 dollars that I am bringing to court in a money order for the moment. Yet in my bank accounts I have zero... zip nothing so what are they going to garnish if I receive a pay check instead of direct deposit.

smoothy
Nov 16, 2011, 09:03 PM
I have a pay stub from two weeks ago and the letter of my landlord that I pay rent.My question is can i ask for a payment plan like if i can get that its no problem of giving payment. I have 200.00 dollars that i am bringing to court in a money order for the moment. yet in my bank accounts i have zero...zip nothing so what are they going to garnish if i receive a pay check instead of direct deposit.
They are going to do what's in their best interest... you may not have it now to take... but you will and they can and will take it then.

You have nothing to lose by trying to work something out, but the time was before it went to court.. they hold all the cards. Particularly after they win the case... and get a garnishment, which will haunt you for years to come. And they can get it renewed and hound you until the day you die... and get part of your estate. I'm serious.

D0minicanbab3s
Nov 16, 2011, 09:08 PM
So what you are saying is its better for me to have the full amount of what I owe them because right now Im about to cry because last month I called them to make monthly payments and then they sued me like what... 1 week later from that call. I responded their letter and then they go and sue me. So basically I'm done on this one because I have no money and they bare going to be garnishing little of what I have. I will be in the streets.

D0minicanbab3s
Nov 16, 2011, 10:05 PM
What can I say to the judge?. Garnishments can be renewed after even ten years in New York. I do not know what to do and how can I get help?. Should I look for a lawyer or legal advice in the civil court?. Please help me my court date is tomorrow and I have been looking for answers all week
=[

smoothy
Nov 17, 2011, 06:17 AM
Quite honestly... you owe the debt, its valid... and they have the right to collect the debt.

What argument can you possibly offer that will change that. You need money to pay any lawyer... and overnight isn't enough time for them to prepare anything. And that will only increase the debt you already owe.

This didn't happen in just a weeks time... this debt was overdue for a long time. If you had made any consistent effort to pay them every month it would have likely held off a lawsuit. They would have sent you papers related to discovery some time ago in regards to this, like several months back. They don't get a court date in a week. And you did get a court notice more than a week ago.

Yes garnishments can be renewed... and you can count on that happening. I highly recommend looking for a second part time job. The best advice is find that second job... (maybe even a third) and pay that debt off as quick as you can. Yes I actually do know people with three jobs.

Yes I do understand its going to result in some very difficult times, but the faster you can put it behind you, the less overall suffering you will have to go through. I know its hard... I've been there myself a few decades ago. Only I never let it get this far to go to court in my case.

D0minicanbab3s
Nov 17, 2011, 05:02 PM
All right SOOO... HERE IS WHAT HAPPENED!. I fought through and made a settlement with them. I have until Feb 10th of 2012 to pay it all... On top of everything I'm, happier this way because there is no garnishment and I brought the debt to a smaller amount then what I had actually had to pay the company. I feel like I won because it's a small settlement that can be paid in one month. No biggie. However, I lost because I got myself into this situation. Go figure. In conclusion, I'll make sure this never happens to me in my life... lol THANK YOU FOR THE HELP!. I kept an open mind and fought through bravely =]

smoothy
Nov 17, 2011, 05:46 PM
Glad it worked out for you... when you get that close to the court date they are less likely to acept something less...

ScottGem
Nov 17, 2011, 05:55 PM
First, did you get the settlement in writing? Second, did they agree not to continue the suit? Third, you better be sure to make the payments on time every period. If you are one day late they reinstate the suit.

In fact most of the time they continue the suite and get their judgment. The minute you are late they will go for a garnishment.

D0minicanbab3s
Nov 22, 2011, 01:30 PM
yes i got it in writing... and i will definitely mail out money order with my file number on ity two weeks before the due date. Therefore, there are no excuses what so ever from there part so im fine =]... i just have to make sure to stay on top of it dats all... sooo no garnishments for me =]

D0minicanbab3s
Nov 22, 2011, 01:31 PM
p.s. if i am late or miss the payments... yea it becomes a problem... but for now i am on the safe side if i make the payment on time =]

ScottGem
Nov 22, 2011, 01:55 PM
Good luck!

mainakb
Nov 25, 2011, 05:35 AM
Well, it may seem harsh but they will certainly garnish your wages and how much you get paid doesn't matter much to them. It's always advisable to search for a second job. You could find something online I guess!