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    kingj68's Avatar
    kingj68 Posts: 3, Reputation: 1
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    #1

    Jan 31, 2007, 01:24 PM
    Garnishment in Georgia
    Hello brilliant minds! I have a question about a judgement handed down against me in Fulton county Georgia.Calvary portfolio svcs.llc won a judgement for$4182.00(which turned into $9982.00 by the time of garnishment.I have heard of court costs but over double? Sheesh!)Anyway I was wondering if there is anything that I can do to protect myself?I know I have done this to myself and blame no one but this is where I am today.I am also being garnished by theIRS.(I know I can do nothing about this).Would the threat of bankruptcy be just a tranparent ploy to try and get back to the negotiating table?I do not want to file bankruptcy over$9982.00 for I have worked so hard the last five years to repair my credit but I will have no choice.Also I question the statue of limitations on this debt as it was a repo in 1996!The clerk at Fulton co.told me to file a descendants traverse but alas I am clueless as to what this is.Any advice would be greatly appreciated as calvary or their attorneys will not call me back... John
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 31, 2007, 01:54 PM
    Where were you when they won the judgement? If you were concerned about SOL, you should have been at the hearing arguing they had no right to file. You also should have been demanding to see proof of the debt and proof they are entitled to collect it.

    Now you have to file a motion to quash the judgement and bring it back to court.
    kingj68's Avatar
    kingj68 Posts: 3, Reputation: 1
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    #3

    Jan 31, 2007, 02:21 PM
    Thanks for the answer Scott. You are most certainly spot on with your assessment. I don't wish to blame my youth for my mistakes but it most certainly had a lot to do with my na´ve choices.You live and learn and this must the learning aspect.Have you ever heard of the Decsendants Traverse and what the clerk might have meant?Is a petition before the court something I can file? Thank you for your time, john
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 31, 2007, 05:25 PM
    Ok, and yes you have to love the Fulton County courts, ( my old stomping grounds) but over in the criminal court side.

    If they had a valid judgement, you were notified property and all, there is little you can do. And of course for the IRS the threat of bankruptcy won't work, since bankruptcy won't effect their debts normally.

    As for the other people, what to really watch for, if you already have a IRS garnishment in place getting the max they can get, the other company will just have to wait in line, but they may decide to attach some bank accounts or something else. But remember it is not the peoples money that you are talking to, they don't really care, since what they are being paid to do is collect money, so they are to collect all they can. They will figure if you are threatening, you are not doing it, because if you were doing it, you would not be telling them about it.

    ** just my opinion
    kingj68's Avatar
    kingj68 Posts: 3, Reputation: 1
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    #5

    Feb 1, 2007, 07:42 AM
    Thanks for the advice Mr. Chuck.As I asked Scott before do you know what a descendants traverse the fulton clerk told me to file is?I am assuming it is maybe some sort of legal organ to show the chain of command of the original debt but this is only a guess.Do you think it would be a waste of time to file this since the judgement has already been rendered or can I still question the validity of the debt or maybe petition the court for some sort of review?thank you sir and come on back down to the ATL padre! John

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