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View Full Version : Does judgment always equal garnishment?


wz83k
Aug 11, 2008, 06:56 AM
After reading other posts, I'm confused on the process of a judgment. I received a summons from an old credit card debt. I have answered the summons with acknowledgment that I owe the debt (and it is not past SOL). I just filed my response last week and have not received anymore informaion like a court date or anything. Will I still have to go to court because I admitted the debt or will the judge file an automatic judgment? And if a judgment is filed against me, do they automatically garnish my wages or am I given the opportunity to make payment arraignments?
After receiving the summons I sent a letter (certified) to the atty requesting payment options or offering a up front settlement. I never heard back from the atty, should I send this letter to the judge showing that I made an attempt to resolve the issue? I am able to make payments and really don't want them to garnish my wages... any advice? Thanks!

ScottGem
Aug 11, 2008, 07:00 AM
No a garnishment is not automatic. But you want to follow-up with the court on a hearing. You don't want a default judgement entered against you. Copy the court in on any correspondence you have with the plaintiff.

excon
Aug 11, 2008, 07:03 AM
Hello w:

The only issue is whether the debt is yours. Your ability to pay is not an issue. When the case goes to court, nobody has to talk to anybody. You will have your day in court, but if you have no defense, they WILL get their judgment.

Sure, you want to make payments... But, you were supposed to make payments on the credit card to begin with and you didn't. With a judgment, they can just GET their money from your bank accounts or your paycheck. If I were them, that would be what I would do.

If, however, you can get CASH, then you can negotiate a much lower payment...